The Caucasian. (Clinton, N.C.) 188?-1913, 1899-03-30
AN IMPORTANT DECISION.

AN IMPORTANT DECISION.
The Supreme Court has just rend-
cred an important decision IN the case
of Troxler VS.. Southern Railway Co.
This was case where Troxler was
injured in attempting to couple cars
on the Southern Railroad, on. which
there were no autom attic car coup
lers. The railroad claimed that Mr..
Troxler should not recover damages
because he was guilty Of negligence
himself, not being careful to protect
himself from injury. The court holds
on the other hand, that the failure of
the railroad to equip its cars with
modern safety appliances renders the
company of negligence and continu-
ing negligence, and makes the COM
pany liable for damages sustained
by an employee even though the en-
ployee might himself have been neg
ligent also.
The Court, in the opinion, cites the
fact that Congress has passed a law,
as far back as 1893, requiring all
railroads to equip their cars with au-
tomato couplers, which the Southern
railway, in this case, had failed to
do. The court holds further, that
even if Congress had not passed this
law that it is the duty of a public
carrier to provide itself with all the
new inventions and improvements,
the advantages of which have been
proven by general use, and especial
ly any reasonable improvement that
will protect life or limb; and that
the failure of the railrod or any COM
mon carrier to do 50 renders it liable
for damages to those injured there
by. The opinion of the Court fur
Their sets out the fact that in 1897
there were l, 603 men killed and 81,
667 injured in the railway service,
while in the recent Spanish war there
were only 29S persons killed and L.
Gas wounded all told, showing that
there were nearly six times as many
railway employees killed and nearly
twenty times as many employees
wounded as there were soldiers killed
or wounded in great and glorious
war against one of the Oldest king
doms Of Europe. The Court further
points out the fact that since the law
was passed by Congress in 1893 re-
curing automatic couplers to be put
on all cars that while only part of the
roads have complied so far with the
law, yet there were last year 2l9 few
or employees killed and 1894 fewer
wounded from coupling and uncoup-
ling cars alone, than in 1893 when
the law was passed and when there
was no automatic couplers, notwith-
standing the fact that there are
many more trains and many more
miles of railway, and therefore manv
more persons employed in railway
service, than there we're in 1893,
These are very significant, NOT :,
say startling facts; yet in the f,,ca a,
these facts it will be remembered
that that the recent Democratic loo.
lslature tried to pass a bill excus;n o
the railroad companies from finnish.
ing their cars with automatic conn.
iers' or rather extending the time. in
the face OF the fact that hundred,
and thousands are each year ba;no
Killed !, oy this criminal negligence Of
the railroads. This one fact a,ore
is an index of how far removed the
last Legislature was from the people
and their real interests and how
much it was under the influence oi
corporations, monOpolies and trusts
1t is of much more Importance to
tne corporations and especially the
railroads. to control the courts than
1t Is to control the legislature. As a
rule the railroads succeed in nearly
every state and in practically everv
Federal court in getting men for
judges who they either control .bso.
lutely or who Are SO blessed in favor
OF railroads as to be unable I, sea
fairly both sides. The present an.
preme Court of North Carolina, how
ever, is shining example of a fair.
oold' and impartial tribunal which
mas risen above the poisoning MIN
ence OF corporations and deals ont
absolute justice without regard to
rear or favor from either rich or poor
1t 10 to be hoped that North C.rol;,.