The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-03-22
AN IMPORTANT DECISION
HANDED DOWN BY THE ST.
PREME COURT YESTERDAY.
TRoxlER VS. SOUTHERN R. R AFFIRMED
Decision Cites that More Lives Are Lost Annual
ly by Accidents to Employees than In
the Whole Spanish Amer
lean War.

lean War.
Two important railroad decisions were
handed down yesterday by the Supreme
court.
One Hancock VS.. Norfolk and Wes-
tern Railroad from Durham) declares
the fellow servant law constitutional
both under NV Amendment to the
United States Constitution and Article
!. Section Z of the Constitution of North
Carolina. The other decision fTroxler
VS.. Southern Railway. from Guilfordl
holds that the failure of railroad cont
pany to equip its cars with modern
safety appliances is continuing negli-
gence and renders the company liable
for damage sustained by IN cmploye.
even if such employe was himself negli-
gent.
In this latter case the plaintiff was
injured in attempting TO couple cars
of the Southern Railway on which thee
were no automatic car-couplers. but in
lieu thereof skeleton draw-heads of un,
equal height.
The court below held that the absence
OF automatic couplers. in general use.
was negligence per Sc. and refused TO
submit an issue whether the injury
WIS not caused by the negligence of a
fellow servant, and refused 10 instruct
the jury as prayed that the plaintiff
was guilty of contributory negligence
if he could by proper care have coupled
the cars by hand without accident
THE duty to furnish proper and safe
appliances is that of the common mas
ter" says Justice Walter Clark, who
writes the opinion, land injury caused
by their absence cannot he attributed
to the negligence of a fellow servant.
Troxler VS.. r. r., 122 N c.. 902;
Wright VS.. Il. r., bid $50 1t has been
heretofore held in Greenlee VS. Railroad
I'D, n. C., 917, that failure of a rail
road company to equip its freight cars
with modern self-coupling devices is neg
ligence per Sc, continuing up TO the time
of an injury sustained by an employe
in coupling cars by hand. and renders
thu company liable whether such en-
ploye was Negligent in the manner Of
making the coupling, or not. The same
ruling had been previously made as to
the duty of furnishing automatic car
cOuplers on passenger trains in Mason
VS.. Railroad, Ill y. G.. 4S2, decided in
1892. Where the negligence of the de-
PENDANT is Il continuing negligence (as
the failure to furnish safe appliances,
in general use, when the use of such
appliances would have prevented the
possibility of the injury there can be
no contributory negligence which will
discharge the masters liability. This
has been repeatedly and uniformly
held. Norton VS.. r. r., 122 n. G.. Oil.
1856; tMcLamb VS.. II. K. 122 at p. S73.
The failure to provide the necessary
appliances is the causa causaus. The
defendant however frankly asks us to
reconsider and over-rule the Greeniee
case. That case was the expression of
no new doctrine but the affirmation of
one as old as the law. and founded on
the soundest principles of justice and
reason, to-wit: That when safer appli-
ances have been invented. tested and
have come into general use, it is negli-
gence per Sc for the master 10 expose
his servant to the hazard of life or
limb from antiquated and defective APP
pliances which have been generally dis
carded by the intelligence and humanity
Of other employees. Wirsell VS.. X. r.
100 \. c.. 557. This must be so, if
masters owe any duties to their en-
ployes and unless economy of expendi-
lures on the part of the railroad man
agement is to be deemed superior to the
conservation of the lives and limbs of
those employed in their operation
In the Twenfth ANIMAL Report of the
Interstate Commerce Commission 1S9S)
published by authority of the United
cfa{r
by the railroad companies themselves,
it is stated Cat p. SS) since the enact
ment of the law of 1893 (requiring au-
tomato couplers) there has been de-
creasing number of casualties. There
We're 1904 fewer employees killed and
1902 fewer injured during the year end
ing June 80. 1897, than during the same
period in 1893. The Importance of
this subject will be realized when the
yearly casualties to railway employees
are compared with those which occurred
during the recent war. In the Spanish
American war there were 29S killed and
1.645 wounded. In 1897. there were L.
693 men killed and 27,667 injured from
all causes in railway service. From
coupling and uncoupling cars alone 219
less were killed and 1904 less were in
law was enacted. The number Of such
employees killed has been reduced one.
half. and the number Of injured also
practically reduced one-half. The re-
duction in the number of accidents from
all causes exceeds largely lby nearly
three to one) in a single year the entire
casualties resulting from the prosecu-
ton of the late war.
Thus in four years from 1898 TO 1897
notwithstanding the increase of thous
ands Of miles of railways, and over
100000 Of employees. and the further
fact that the railroad corporations have
been able to procure from the Inter
state Commerce Commission an extern
sion Of the time at which the law OF
Congress. imposing a penalty for operat
ing cars without Nself-couplers. will come
into force, the shadow OF the law has
procured so general an attachment OF
these self-couplers, that 5,213 fewer EN-
ployes were killed and wounded in coup