The San Francisco call., 1904-02-20
Railroads Damages.
BY EARL D. BERRY
Former Railroad Editor New York sun and
New York Times.l


An expert railway statistician esti-
mates that not less than s75,000 900 is
paid out annually by the railroad COM
panies in the United States TO satisfy
claims for personal damages and IA
talities. Although the percentage of in
jury 10 life and limb through railroad
operation has materially lessened with
IN the last decade the scope and work
If the claim department on each road
has steadily increased. In cases where
passengers are killed or injured and
wherein injury and loss are inflicted
upon persons residing along the line Of
the road the proportion of pecuniary
satisfaction demanded is now much
higher than ever before.
The growing popular disposition to
make the railroad company pay for
the damage il does has had its most re-
cent Illustration in the suits brought
against the New York Central Railroad
by the victims Of the terrible Park
avenue tunnel disaster in New York
city a little more than two years ago.
BY a rear end collision in the tunnel
Just above the Grand Central station
many persons were killed and others
were frightfuIy mangled. 1t was a
Of the victims were persons of wealth
and social prominence. The railroad
company was scored bitterly for not
having proper lights and signals in the
tunnel. and suits for personal damages
ranging from 5000 TO 100000 were
brought against the company Judg
ments for large amounts such as S45,-
C0O, SEQ 600 and $4,000 were granted by
the courts. and the cOmpany's attOr-
neys bent all their efforts toward pri
vate settlements with the scores Of
claimants Only a few weeks ago
semi-oficial announcement was made
that an Of these claims had been paid,
including the judgments. and that the
aggregate sum in which the New York
Central had been mulcted amounted to
about s.. 900 OO0 It is a matter of fact
that the company scarcely put in a de-
fense as against the Park avenue disas-
ter claimants Passengers on the ill
fated train received from $500 TO $1,000
for bruises and shock" and torn
clothing was paid for on the most lib
eral scale.
This latest experience Of the New
York Central is in marked contrast
with q "smash-up" incident on the old
Boston and Albany road before the
Civil War. Two clumsy, slow moving
trains made an attempt to pass on the
same track with the usual result.
Passengers were severely shaken up
and badly scared. but there were no
fatalities. The morning after the ac-
cident a farmer limped into the Office
Of the general superintendent and said
in a nenacing tone: Mr.. Superintend-
ent. I came TO see what you are going
10 give me for shaking me up yester-
day"
The railroad official sized his man
up and observed that he was damaged
more or less in both body and habili-
ment He asked the farmer how
much he thought he ought to have as
compensation for his injuries. The
answer was: Well. sir, / think it is
worth so cents, and / will settle for
that amount
The superintendent handed out the
half dollar, quietly remarking that it
was a large sum. but inasmuch as the
farmer seemed 10 be an honest man
the company would pay it. Then as
an additional evidence of liberality the
SUPERINTENDENT offered TO give his
caller q pass on the railroad far as
his home. no you won't" said the
farmer as he moved toward the door.
AS long as these old legs of mine last
] won't go on your darned railroad
any more"
Nowadays public sentiment ap-
parently justifies the stiffest kind of
claims for damages inflicted by a rail-
road company. A serious railroad ac-
cident arouses popular resentment,
chiefly for the reason that modern in
vention has placed practically perfect
safety appliances at the disposal of the
railroads. While the Interstate Com
merce Commission reports from year
10 year a diminution Of the number Of
lives lost on railroads the most har-
rowing railway catastrOphes occur
periodically and almost in every in
stance investigation disclOses as the
cause recklessness. disregard of rules
or rank Incompetence on the part of
some employe. Frequently safety ap-
pliances fail to work and it is aseer-
tanned that their proper care and in
specti0n have been neglected.
The late Coils p. Huntington once
said 10 the writer Of this article: Our
company Cthe Southern Pacihc) would
gladly pay $500, 600 year for an abso-
lutte guarantee OF the proper working
Of all Of the safety appliances on our
system. Such a guarantee is an inn
possibility. however, for no living
agency can guard against the frailties
Of mankind. Sooner or later the best
Of men viii fall down in the line of
duty"
Although the proportion of fatal
railway accidents is about evenly dis
tributed between Eastern and Western
roads, ii is the Eastern roads that pay
the largest proportion of the $75. 00O,-
600 annually in 'isfaction of personal
damages. The enormous traffic that
passes over the Pennsylvania system
and the Vanderbilt lines keeps trains
flying 10 and from all points of the
compass necessarily. Persons and an
imals are bound to get hurt. and the
wonder is that the number of passen-
gers killed is so infnitesimally small
as compared with the millions that are