Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1903-02-20
IesaI Value Of a Life.


Bearing ps-tinently uPOn the question
d the legal value OF a human life Is the
late decision Of the New York state
court Of appeals Affirming a Judgment
rendered In a lower court against the
New York Central Railway company
granting damages of So. 1876 TO the Wild
ow OF one Of the victims OF the tunnel
disaster in New York city year ago.
In former years In New York and at
present I'm many states the law nxes
the maximum amount collectible for
the death Of any person by the wrong
full act. neglect or default" Of an EN-
ploying corporation at 5000. and the
idea prevailed that It was cheaper TO
kill than TO main a man." In u con
stitutional provision adopted I'm New
York a few years ago 1t 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 limitation.
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 $500 nor
less than $500 duplication OF the statute
restricted to common carriers: Mime
sofa, u. 600: Maine. $500 duplication OF
the statute restricted to common car
riers): Indiana $4,000 since 1881. when
Limitation was raised from 300 as nIed
In 1879; Connecticut. 5000; Wisconsin.
IS 900; Kansas. $1,000: Colorado. not more
than 200 and not less than 600 West
Virginia. $1,000: Utah. $4,000; Montana,
$1,000; Illinois. x.ooo.
PENNSYLVANIA also has mo limit
clause In the constitution adopted In
1874, but application OF 1t has been
somewhat abridged by employers liza
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
Il IL 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
considera ton Of the future earning ca
pacity Of the plaintiff had he not been
injured.
In New Jersey the amount collect-
BILE Is not limited by statute, and II 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 In
the adjudica ton Of the Park avenue
tunnel cases by the New York courts
the Central Railroad of New Jersey or
its allied company. the Reading, will
have heavy bill of damages to pay.
At the rate Of $62, 1000 the twenty-five
deaths caused by the Jersey Central
wreck would cost the company S1,426,.
600. quite large price to pay for a
broken boiler injector. which the dying
engineer Of the express train declared
to have been the cause of the collision.
Perhaps when the policy which has
just been established in New York is
extended to all the states the public
demand for safer railroad transporta.
ton will be needed by the companies
as q matter Of self defense.