BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-02-26
SAN JUAN, FEBRUARY 26
lnsdar liability For
Callabh Negligence

JUlldDe NtSug9lIU.
The list OF thirteen human beings killed
By CHAMBERS within the last eight months was
Increased on Saturday by the death at Dorado
Of citizen suffering from the same disease,
and was further increased on Tuesday OF
this week by the death in this city OF most
respected member of this community, aoho
had contracted the disease, 90 the ply sicians
believe, by merely walking into atmosphere
which had become impregnsted by the
messing of diseased horse or other animal.
The terrible inroads made amongst cattle
BY this disease and tae needless loss OF hu-
man life occssioned thereby forcibly suggest
ed to the Iasu ar healkh authorities the cry
log necessity for law sch ch would provide
for the proper quarantine and inspection OF
all animals on the island. The necessity for
an Insular veterinarian also becsme an es-
tAblished fact. Careful investigation and
study Of conditions as they existed and snll
exist suggested to the health au horities the
great need Of daily authorized veterinarian
with police powers, and with authority to
order the quarantine and destruc ion OF oil
diseased animals. To create an office which
would cover the necessities Of the case bill
was prepared and duly introduced by DIR.
Zeno Gambia, member of the Legislature,
whose medical skill showed HIM the necessity
for proper regulation of this dangerous
plague. This bill was discussed aud was
lost BECAUSE, as one member put it Ii
made awful dry reading, and then again you
could net get good veterinary here, and
its hard work to pass dry legislation. And
the this il ell the excuse on earth that was
ever made for the failure to pass this mea
1ure,
Ooncurrently with the defeat of the vete-
finafy bill measure was introduced to re-
inburs6 horse owners for animals destroyed
BY lsgsi authority as suffering from CLAN
ders. To-day comes the news that this msa
sure has reached its final passage and is nOat
awaiting the signature of tee chief executive
OF the Island. If animals worthless in the
market, dangerous to public health. and a
menace to the community are worth GER
tain fxed sum by the clauses of this new
statute, then the question naturally fol-
Iowsyif such an animal be valuable, what la
the sum which should be paid to bereaved
families made orphaned by the failure oi
Insular authorities to prevent the spread Of a
disease, which needs nothing but proper re-
gulation to suppress and finally exterminate.
Gan the value be calculated
All over the Union private and public
corporations are liable for il jury and death
caused by the negligence OF such corpora
tions. The public or semipublic capacity
Of any corporation does not excuse its acts
Of culpable negligence. Is it not fact
that our failure to properly regulate health
measures am cunts to culpable negligence
which would render the island liable for ds-
mages In any sum believed to be fair by an
unprejadlesd jury.
A disease 10 known to exist, this disease
exists in certain community, the knowled
gs of lts existence has come to all the au-
thorities responsible for the public health,
medical &C encs admits that while this disea.
90 cannot be cured, it can be 80 regulated
and restricted that within certain time it
becomes ex inci; Q member of this commu.
nifty walking along the street becomes in
tected by the mere breathing Of the air eject.
cd By an infected animal, left at large
through the negligence OF the authorities or
the want to properly provide for its regula.
ton and quarantine, this member of the
community dies, and his family righte0usly
bring suit for damages by reason Of the
death Of father, through the negligence of
the city, district or island. On . present.
alton Of suck set Of facts would not . jud
ment result against the community.
Every day in the various states Of the
Union judgments are entered against cities,
.conntias- and other civil communities for .
failure to properly guard the health or life
of nemberp of such community, In New
York manhole is left opened, passer
BY is hurt, and Judgment for damages is
usually the result. Patients in public hos.
pitfalls are improperly treated, or negligently
esred for, damages are obtained every day
in the year. A public nuisance is permit
ted to exist and damages to hum snity and
property result in good sCuud Judgm ants
which nsuslly cause . hasty removal of the
nnisance.
Here in Porto Rico we have disease
knoscu to exist, by every authority large and
small. TIE Governor in his message to the
legislature made special mention Of it, the
health authorities have pleaded for legisla-
ton to help prevent 1t from spreading,
and the .citisens come into contact with ca.
see Of it every day. Still no effort Of any
kind IL made to chock 1t.
No attempts ut prevention are made.
But Judgment fund is created to pay the
ewners Of animals killed BY reason OF the
leeal order Of the sufhoritjes. Would not
tijs il iisslf coDs1lute powerful evidence in
favor Of establishing culpable negligence on |
IA part Of the Island. Under American |
oiviiIaw can community knowingly per
-. g. hanifl, ~ nrfaca a axikt mhi1h nnu