The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1903-03-20
Legal Value of Il Life. re-

Bearing pertinently upon the question
of the legal value Of a human life is the
late decision of the New York state
court Of appeals affirming q judgment
rendered III II lower court against the
New York Central Railway company
granting damages of $G2, 1G6 to the wild
.ow of one of the victims of the TUNE.
disaster in New York city a year ago.
present III many states the law fixes
the maximum amount collectible fol
the death of any person by the wrong
full act, neglect or default Of an EN-
ploying corporation at $1,000, and, the
idea prevailed that it was cheaper to
kill than to MAIN a man." In a con
stitutional provision adop1ted in New
York a few years ago it was declared
that
The right of action now existing to re-
cover damages for injuries resulting In
death shall never be abrogated. and the
amount recoverable shall not be subject
to statutory Imitation.
The states which limit the amount
recoverable for death caused by negli.
gence or default and the limitations i'm.
posed by them are:
Massachusetts, not more than $50 O nor
less han $500 duplication of the statute
restricted to common carriers); Mime.
sofa. $1,000: Maine, $1,000 duplication OF
the statute restricted to common car
~riers): Indiana, $40, 900 since 1851, when
limitation was raised from $4,000 as fixed
in 1879: Connecticut, $1,000: Wisconsin
5000; Kansas, SIC, 900; Colorado, not more
han S., 600 and not less than 81, 600: West
Virginia. $4,000; Utah, SO. 900; Montana,
$40. 900; Illinois, $1,000.
Pennsylvania also has q mo limit
clause in the constitution adopted in
1874, but application of it has been
somewhat abridged by employers LA
bility" acts, fellow servant acts and
similar legislation, which leaves the
mo limit law applicable only to per.
sons not injured as employees.
Many Of the states surrounded their
death liability" laws with special and
often peculiar provisions, some Of them
restrictive in character and some de.
cidedly the other way. In many in.
stances death liability laws are modi-
fed by acts defining the liability of
various classes of employers for the
death of an employee from an injury
received In service.
Where instant death does not occur
1t Is the common practice in some
states, which have the limit Of $1,000,
for damages to be awarded in large
sums on account of prolonged suffering
and incapacity for work and also in
consideration Of the future earning ca
pacity of the plaintiff had he 10 been
injured.
In New Jersey the amount co!lecti'
Bile is not limited by statute, and if the
same liberal policy Is pursued by the
courts in death claim cases brought be
fore them growing out of the recent
disaster near Westfeld as prevailed II
the adjudication Of the Park avenue
tunnel cases by the New York courts
the Central Railroad Of New Jersey OF
its allied company, the Reading, will
have a heavy bill Of damages to pay
AT the rate Of $4,000 the twenty-five
deaths caused by the Jersey Contra.
wreck would cost the company $1,426,
900, quite a large price to pay for 6
broken boiler injector, which the dying
engineer of the express train declared
to have been the Of the collision
Perhaps when the policy which ha.
Just been established in New York il
extended to all the states the public
demand for safer railroad transporta
ton will be needed by the companie,
as q matter of self defense.