Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-12-11
FcIIoy-Scrvnat Doctrine.

the House OF Delegates and the Senate
OF Virginia at the session Of l6S-"i III
did not pass either branch. a similar
bill passed the House Of Delegates al
the session OF 1912 but was never re-
ported from the Senate Committee. The
same bill was introduced ri the present
session OF the Virginia Legislature, Oh
December T. 1895. and reads:
4 Bil imposing upon railroad corpo-
ratiOns. or any receiver trustee. lessee,
mortgage. or other person operating
railroad in the State Of Virginia, liability
for damage or injury sustained by any
person, including employees of such cor
poratiOns. receiver, trustee, mortgagee, or
other person, in Consequence Of the neg
ligence or wilful wrong OF any officer.
agent. conductor. engineer, or other en-
pl0yee Of such corporations receiver,
trustee lessee. mortgage, or other per
son.
BE il enacted bv the General As
sombiy Of Virginia. That every corpora
ton operating a railroad IN this State.
whether such corporation he ere
ated under the laws OF this State.
or otherwise. shall be liable for an dam
ages or injury sustained by any person.
including employees of such corporations,
in consequence of the negligence Of any
officer. agent conductor. engineer. or
any other employee OF such corporation,
or in consequence OF any Wilful wrong.
whether Of commission or Of omission
OF any such officer. agent, conductor.
engineer. or other employee, when such
negligence or wilful wrong y in any
manner connected with the use and ONE
ration Of the railroads on or about which
they are employed; and 10 contract
which eXempts from OF restricts such
liability shall be valid.
.. This act shall apply. not only to
such cases Of negligence or Wiful wrong
as arise while the railroad is under the
management Of such corporation. but
also 10 the like cases which arise while
the railroad is under the management Of
receiver. trustee. lessee. MORTGAGE. or
other persOn-that is, 70 say, such re-
ceiver trustee lessee, mortgage, or
other person managing or operating a
railroad shall be liable in like manner as
q corporation H. made liable under the
preceding section; provided. however
in the case of receiver. trustee. or
other liduciary. such receiver. trustee
or other iduciary shall not bv reason
or this act, be personally liable for such
negligence or wilful wrong upon the part
~ any agent. employee, or servant OF
such receiver. trustee. or other fiducary
in the management or operation Of the
railroad. but the liability therefor under
this act shall attach 10 the property or
proceeds thereof. under the management
or control OF such receiver. trustee. or
other iiduciary, in his nducary capacity
in like manner as q corporation operating
a railroad Is made liable for such neg,l-
gence or wilful wrong under the pre-
ceding section.
.. The rules and principles Of law. as 10
contributory negligence. which apply 10
other cases. shall Apply to cases arising
under this act.
4. This act shall be in force from its
passage.
What is the object Of such a bill?
II IS 10 abolish what is known as the
feilow-seivant doctrine This doctrine is
firmly imbedded i'm judicial decisions al
though never heard Of before lS37. The
Legislature alone can give relief.
Briefly stated, Il means that where
workman is injured by the carelessness
of a fellow-workman the employer Is not
responsible i'm damages.
The doctrine works such hardships that
the courts OF some Of the States have
modified II by various limitations. such
as holding the employer responsible when
the workman is injured by another work.
man in different department.: again. by
the vice-princip3l limitaton-that Is. where
the workman causing the injury occupies
for the time the position Of employer. In
Virginia the decisions have not been uni
form. and while our court holds that the
employer must provide suitable and safe
machinery and exercise reasonable care
IN employing proper workmen, il has
laid down the proposition that person
entering the service Of another assumes
all risks naturally incident to that en-
n a.
by the fault or negligence Of a fellow
servant.
\ crusade against corporations. as such.
is most unwise. as all must realize that
our advancement as a people is dependent
on then-not on mOnopOlies or the abuses
OF corporate powers-but on corporate en-
terprisesN Nevertheless. the corporations
ought to be held 10 just responsibility,
ana the proposed law deals with RAILWAYS
alone, because there the creates. evil pre-
walls.
Is there any necessity for such a law
Inc reports OF the Railroad Commits
sloner OF Virginia for the years lseO-'s5
show that in Virginia i'm this period OF
SIX years $3.50 employees of railroads were
injured, 5l7 dying from their injuries. Viz
glnia has one fortieth OF the population
OF the United States, and one nftieth of
the railroad mileage. Presenting that the
roads In other States are as well man
aged as those OF Virginia and taking the
population as basis Of calculation. there
would be in the United States 800 rail-
road employees injured every year. Of
which there would be 3, 90 killed: taking
the mileage as a basis, 54.C0J are injured
every year, 1900 fatally. The census Of
$3.50 showed that 1880 persons were en-
ployed by railways. On this latter basis
gH.N hot
whole number employed were injured
every year or that in the course OF fir
teen years every one would be injured
What fearful statistics. especially when
II Is remembered that the accidents all
happen 10 able-bOdied men-possbly a
large majority being married. So great is
the evil that President Harrison made II
the subject Of a message and Congress
responded by passing 2 law that all rail-
roads should have automatic couplers by
January /. 1898. one of the planks in the
national Democratic platform of 1892 was
devoted TO the subject and redress de-
manded. Relief was earnestly recon-
mended by Governor Mckinney in his
message to the Virginia Legislature in
1881. Governor Wilson, Of West Virginia.
urgently demanded relief from the Legis-
lature of that State in 1880. Nor car the
law be considered drastic or destructive
to railroad enterprises when II Is consid-
cred that California Georgia. Iowa. Kan
sas. Kentucky. Mississippi Minnesota,
Montana, and Wyoming have similar sta
tutcs applicable 10 railroads only and
that Massachusetts,. Rhode Island, and
Alabama have laws applicable 10 en-
ployees generally. The feilow-seryant doc
trinc was abolished in Wisconsin i'm 1875.
but the law was repealed in 1880 as Me-
Il n nre
brought TO bear by the railways and
is the only State that after abolishing the
doctrine ever returned to H.
The STATUTES of England i'm fSs1 Of