The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-28
WHERE ROADS SUFFER
PAYING Personal DAMAGES CUTS
INTO THE NET EARNINGS.
Project for Uniform System Of
Freight Ciassifica tion-Financia1
Condition OF the ID. & O.

But few persons" said one of the at
torneys OF an Indianapolis system of rail-
ways. ARE aware of the amount OF money
which railroad companies are compelled to
pay out annually in damages for personal
injuries resulting in loss of limbs and death
OF the injured people. and the worst feature
of the case is that the company, in many
OF these cases, is the least in fault III an
empioye is careless and loses a limb, he
thinks the company should pay him sew
eral thousand dollars in damages, although
the fault was not i'm the least on the part
OF the company OF course, there are ex-
ceptions where some imperfection i'm equip
ment may have escaped detection, in which
case the employe is entitled TO damages.
Persons are often killed i'm crossing tracks
because of their own carelessness, but jur-
les never consider the company's interest,
proceeding on the theory that the COM
pany has plenty of money, and that the i'm
jured person or relatives of a man who has
been killed are in need of money. All these
damages. bear in mind, must be paid out
of the net earnings of the road. believe
that investigation would show that 3 per
cent. OF the net earnings of roads 20 to pay
damages for personal injuries. / know of
road which for two years was unfortu-
nate. many accidents occurring in which
persons were injured and killed, and II
required 10 per cent. of the compaEy's net
earnings to pay the damages. OF course,
this Is an exceptional case. Many of the
roads endeavor to settle claims for dam
ages as reasonably as possible without CO.
ing to the courts. The Pennsylvania Com
pany pursues this policy. / recall "A case
where man. the head of family. was
killed by Pennsylvania train. The day
after the funeral the adjuster of such
claims visited the family, called them to-
gether, stated that the company greatly
regretted the death of the husband and
father, and felt that they were entitled to
damages. Then. without ceremony. he
named the sum the company would be
willing to pay. adding that If the family
wished to consult a lawyer they could do
so. and, should the lawyer consider the
sum offered insufficient he asked that he
be notified in order that further confer
ence might be had. az the company wished
to avoid. IL possible, any litigation Within
fifteen minutes the family. after consul
tation decided to accept the offer, and the
next day receipted a check for the sum
named and all parties were satisfied. There
are cases where persons are unreasonable
in their demands and IL Is more difficult
to settle with them. but the roads that
light through the courts every claim
against them, whether just or unjust, are
becoming fewer. Most companies will
pay reasonable damages in cases
where they are in fault, and.
in fact. i'm many cases where legally
the company might not be. This policy
makes friends for the road, and I'm the
long run accomplishes the most favorable
results. I do not know of any line of
business where sums of money are paid out
so often on unjust claims and for accidents
which no action on the part of the COM
pany could have avoided. and I'm many
cases damages are paid where the persons
receiving them met with accidents simply
through their own carelesSneSS."