Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-10-10

DAMAGE SUIT INDUSTRY.
Railroad official Compla.rn eitterI,.
ef Conditions in Texas.

81 Conditions in Texas.
Damage suits against railroads IN
Texas are increasing 1T a rate alarm.
ing To the railroads. In the las, Zen
years they have multiplied tenfolo,
and suits pending in that state July
last aggregated $4,000 per mile CT
road within the state.
Should all these ciaims be recover.
ed II would simply be ruinous to the
roads.
In discussing this matter c. II.
Markham, vice president of the South.
ern Pacific. in charge OF the Texas
lines of that system, sail;
I'm 1898 the railroads OF texas paid
out on account OF personal injuries
$3.50 Ia 1903, ten years later, ST.
10000. II the same ratio of Increase
Is maintained by 1913 the amount paid
will have increased to $4,000 600, and
at the rate suits are being Instituted
there is no reason to look Tor any
other result. 1 world also like TO call
the attention OF shippers TO the fol.
lowing figures
on Julg tutIt NtIt ptEuihS
against the Galveston. Harrisburg a
san Antonio, Texas g. New Orleans
and Houston Il Texas Central roads
suits for personal injuries aggregat-
ing in round t1gures $4,000, 900, or
$4,000 per mile OF road owned.
Great has been the railroad de-
velopment In this estate within the
last ten years. greater tar has been
the proportionate growth of the dam
age suit industry. OF course, II you
talk to n damage lawyer he will tell
you that claims are forced into the
courts because the railroads will not
voluntarily make reasonable settle.
ments In cases OF personal injuries.
The very life OF his business depends
upon his making claimants believe
this. but 1t would be an easy matter
to demonstrate to any unparalleled
mind that this is not true.
Railroad managers and their legal
advisers are well aware that indie.
pendent of the justice of pursuing
such course II is good policy 20
promptly settle all honest and just
claims, giving the claimant the hene-
1T of every reasonable doubt as to the
fact touching the cause of the acct
dent. as well ms the extent of the In
jury. inasmuch as apart from the
evident disposition OF the juries tn
allow their sympathies to run away
with their Judgment, litigation is nee
railrnni
companies.
There is. however. class of
claims that cannot be settled without
litigation. and for the most part these
are frauds pure and simple; cases in
which either the alleged cause of the
accident or the extent OF the injury
or both, are manufactured out OF the
whole cloth. | have IN mind numer.
Gus cases which have already been
disposed of, as well as some now
pending, in which parties immediate
! ly after having sustained an injury
and before having had time for re
! Election and an opportunity to take
legal advice, told a perfectly straight
forward, consistent story, wholly ex
onerating the railroad company from
any blame or fault causing the injury
| and yet these same parties have later
resorted to the courts, and the facts
Of the accident as disclosed by the al
legations contained in the petitions
| filed by their lawyers. sustained later
by their testimony on the stand. were
so dissimilar to their original version
that no man could recognize the case
as the same. Such cases are not infre
quent."