The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1898-06-07

pEUFG0 APP4A4GSSg
use.
The railroad companies have Of late
procured from the Interstate Com
merce Commission an extension till
January 1, 1900, of the time by which
self couplers should be placed upon
all freight cars used in interstate ser
vice, but this was for their accommo-
dation and did not and could not re
lieve them from the legal liability in
CURED for il juries caused by their
failure TO provide suitable appliances
in general use, when the use of such
would have prevented the injury. It
only relieved them from penalty pro-
vided by act.
The Eleventh Annual Report, 1897,
of the Inter State Commerce Commits.
sion, issued by authority of the United
States Government, and based upon
the reports of the railroad companies
themselves, show (, 8O, that of rail
road employees, Qeaving out passen-
gers altogether), 1851 were killed and
90. $50 were wounded in the year end
ing June 80. 1895. being greater loss
than in many a battle of historic inn
portance.
OF the trainmen this report %. 1907
shows that nearly one in nine had been
killed or wounded that year, a total of
over II, ZOO. OF these casualties it is
officially stated, 229 were killed and
8 .467 we're wounded in this single par
ticular OF coupling and u~ncoupling
cars. As these figures were reported
by the corporations themselves, it is
not probable that they are over-stated.
Ii the railroads not reporting to the
Inter State Commerce Commission (be
cause not engaged in interstate carry
ine), should be added the figures of
killed 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 this own motion or under compul-
sion Of Congressional action and
judicial decision, have adopted self.
couplers on the passenger cars and on
''over go per cent. Of the freight cars,
it will be seen how many thousands Of
lives and bodies have been saved there
by, but that still nearly 5000 men
should i'm one year be kilIe d or wounded,
coupling and uncoupling cars" on the
freight cars, which up to June 80, 1896,
still require that duty for lack Of self
coupleTs is the highest proof Of the
duty of the courts to enforce liability
for failure TO provide self.couplers in
every case where injury occurs from
that cause.
That nearly 5000 men should still be
killed and wounded in one year for
failure to furnish appliances which
are 50 widely in use aud which would
entirely prevent such accidents, points
out the duty of the courts.
In Mtetselrs case supra, at page 562,
this court says: IF the appliance is
such that the railroads should have it,
the poverty OF the company is not sui
fcient excuse for not having it." But,
in fact, this defendant reports that this
railroad is bonded and stocked at $76,
557 per mile, IN. @. R. R Com. Report
1896, at p. 246)
This is presumed to have been paid
in by its issuing them, and hence it
should be able to furnish appliances
which will protect it's employees from
such injuries as this, aid should be
held liable for failure to do so.
In a large me jority of States, as well
as by the Federal Government, rail
road commissions have been created
to supervise and regulate the charges
and the conduct of these corporations.
The courts will be very derelict in
their duty if they do not enforce j Is.
tice in favor Of employees as well as
the public. Six years ago this court
said it would be negligence per se
whenever an accident happened, for
lack Of a self coupler. Congress has
enacted that self couplers should be
used. For their lack this plaintiff was
injured Il is true the defendant re.
plies that the plalnEm M
service knowing it did not have self
couplers.
II that were a defence, no railroad
company would ever be liable for fail
ure to put in self saving devices, and
the need Of bread would force employees
TO continue the annual sacrifice of
thousands of men. But this is not the
doctrine Of assumption Of risk"
That is a more reasonable doctrine,
and is merely that when a particular
machine ia defective or in iured. and