The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-06-01
AN IMPORTANT DECISION.

ROAD, decided at tue teCthl Tim " -
court. Justices Faircloth and Furches
dissented from the opinion of the court
4 rendered by Justice Clark. The inn
Iportance of the case calls for the publica-
ton of the decision, which is as fol
lows:
I'm any aspect of this case, the de-
PENDANT is liable, whether the plaintiff
was or was not guilty of contributOry
negligence. for the negligence of the de-
PENDANT in not having self-couplers, and
in sending Il man to couple cars at all
was a continuing negligence which eX-
listed subsequent to the contributory neg
! ligence, if there had been any, Of the
plaintiff and was the proximate cause,
the causa causans of the injury.
Six years ago, in Mason VS. Railroad,
iii n. c. 1872, at p. 4S7, the court in
considering whether the defendant com
pany was negligent in failing to provide
what is known as the Janney, or some
| improved coupler, which would obviate
the necessity under any circumstances
of going between the ends of cars in or
der to fasten one to the other, said:
I'VE think the time has arrived when
railroad companies should be required
to attach such couplers on all passenger
ears, and the new couplers have be-
come so cheap as compared to the value
of lives of servants and passengers that
it is not unreasonable to require that
they provide them on peril Of answer
ing for any damage which might have
been obviated by their use
While the court declined on account of
the expense to hold that the same was
true at that time as to freight cars, ii
added: Doubtless the day will soon
come when it would be negligence not
to attach them to freight cars as well
as to passenger cars" Congress so
| thought and passed an act - U. ). Stat,
at large p. 531, requiring self
couplers and air brakes to be placed on
all cars. freight as well as passenger, by
January /, 1898, and this had been com
piled with as TO ''Oyer, 90 per cent of the
freight cars besides nearly all pas
senger cars, operating in Interstate
commerce, by that date. In Witzell vs.
Railway, 100, n. G. 557, the above cita
ton from Mason VS.. Railroad was APP
proved, and the court held that while il
was not negligence to fail to provide
the latest improved appliances, rail
road company was liable for any in
jury. CauSptl bA 1diluIt " USE apDiONth
appliances that are in general use.
The railroad companies have of late
procured from the Interstate Commerce
Commission an extension till January |.
1900. of the time by which self-conplcrS
should be placed upon al freight caIs
used in Interstate service, but this was
for their accommodation, and did not
and could not relieve them from the
Io,,1 In I,sIs4xt iro11ppod for. aat1yn1
by their failure to provide suitable APP
pliances in general USE" when the use
Of such would have prevented the in
jury. II only relieved them from penalty
provided by act.
The Eleventh Annual Report, 1897, of
the Interstate Commerce Commission,
issued by authority Of the United States
Government, and based upon the reports
Of the railroad companies themselves
show Up. 500, that of railroad employees.
ueaving out passengers altogetherl.
/, S61 were killed and 29.969 were wound
ed in the year ending June 30, 1896,
being greater loss than in many a battle
OF historic Importance.
OF the trainment, this report (p 800
shows that nearly one in nine had been
killed or wounded that year, a total of
over 1900. OF these casualties it is
officially stated, 229 We're killed and
s. 467 were wounded in this single par
ticular of coupling and uncoupling cars.
As these figures were reported by the
corporations themselves, it is not pro-
bable that they are over-stated.
If the railroads not reporting 10 the
Interstate Commerce Commission (be
cause not engaged in interstate carry
ingl. should be added the figures OF kill
ed and wounded from this cause, would
doubtless be largely increased.
BY these figures, for the last year re-
ported. nearly 5000 men had been killed
and wounded in coupling and uncoupling
cars AS the corporations on their own
motion or under c0mpnlsion of congress
siona action and judicial decision, have
adopted self-couplers on the passenger
cars and on lover 60 per cent. Of the
freight cars, it will be seen how many
thousands of lives and bodies have been
saved thereby, but that still nearly 5000
men should in one year be killed or
wounded, coupling and uncoupling cars
on the freight ears, which up to June
30, 1896 still require that duty for lack
Of self-coupers is the highest proof of
the duty of the courts to enforce liability
for failure to provide self-c0uplers in
NNSia NfAoC AhFlC 4iJhiJ OC~HA' AANiiA
that cause.
That nearly 5000 men should still be
killed and wounded in one year for fail
ure to furnish appliances which are so
widely in use and which would entirely
prevent such accidents, points out the
duty of the courts.
In Mietsell's case supra, ut page &C.
this court says: IF the appliance is
such that the railroads should have it,
the poverty of the company is no suf-
ticient excuse for not having it." But
in fact, this defendant reports that this
railroad is bonded and stocked at $76,-
357 per mile. N. c. r. II. Com Report
1896, at p. 24G)
This is presumed to have been paid in
by it's issuing them, and hence it should
be able to furnish appliances which will
protect it's employees from such injuries
as this, and should be held liable for
failure to do so.
In large majority Of the States, as
well as by the Federal government, rail
road commissions have been created 10
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