The Cook County herald. [volume] (Grand Marais, Minn.) 1893-1909, 1906-08-18


fore Reading It-Consult a Good
Lawyer-If a Woman's Careless
ness Contributes to Accident, Com
pany Not Held Responsible.
BY KATHERINE LOUISE SMITH.
Copyright, 1906 by Joseph B. Bowles.)
The alarming prevalence of railroad
accidents in this country has drawn
some severe criticisms on our mode OF
living by foreigners who contend that
there is one accident abroad to ten
here. Whether this be so or not, the
daily papers are filled with accounts OF
accidents either by steam or street
cars, and one can sympathize with the
old sea captain, who, when congratu-
lated on being safe on land and away
from the perils of the sea, replied:
Not at all. l feel safe on the sea-
There is no danger of some blamed
street sign falling on me as l Walk"
Railroad and street car corporations
claim to take every precaution, but
it is noticeable fact that when a Sc
we're accident occurs, some representa-
tive is apt to call Immediately and Of
fer to settle, rather than to trust the
law to collect damages. AS many
women do not know what to do under
these circumstances, few suggestions
regarding accidents when travelling,
may not come amiss. Many woman
has, in the distress and fright caused
by an accident, accepted a sum for
damages that later on she realized
was in no way adequate Or common
surate with her fright and injuries.
A railroad or street car company is
liable for any injury caused by their
carelessness or neglect. For this reason
when woman is injured in an acct
dent in the cars or in a public con-
veyance, she should, if she is able, OBJ
tain the names and addresses of per-
sons who were in the accident or saw
it. II she is not able to do this her
self, she should get some one to do
it for her The sooner this is done
the better. and an advertisement in the
paper, stating that the names of all
parties who witnessed the accident are
desired, will usually bring a number OF
names, eithar of persons who were in
the accident, or saw it. It is astonish
ing how many witnesses can be dis
covered for even a trivial matter.
The railroad or street car corpora
ton, on theiEa;hand, is not idle,> for
all companies.hlwh carry passengers
employ permanently q man whose Off
cial title is-9:.'elaim AGENT He looks
up the nature: Sand cause of all acct
dents. and takes the names and ad-
dresses of persons injured, and the wit
nesses. If this claim agent is not
present, he is represented by some en-
plOye on the train, who does it for
him. If, after obtaining all the evil
dence, this claim agent decides that the
company can be held for the accident,
he endeavors to make a settlement
with the injured passengers. 1t is
at this time that many mistakes are
made by women who are anxious to
settle, and who do not take precautions
on their part to ascertain how much
they are injured, or what grounds they
have for damages.
Before accepting any offer of settle
ment woman who is hurt should have
physician examine her to find out
the real nature of her injuries, how
severe they are, and whether tenn
porary or permanent.
10 ha1, 1y,tx
report, to take such steps and treat
ment as will lessen the injury as
much as possible, but the doctors
opinion will settle in her mind wheth-
er she is justified in claiming dam
ages, and if so, to what extent Her
doctors bill and medicine are added to
the damages, if she collects. If the
woman discovers she is injured, she
should on no account accept the offer
of the company without first submit
ting the facts of the accident, the doc
tors report and the offer of settlement,
to some lawyer or business man OF ex-
perience, that she may obtain his judg-
ment as to the advisability of accept
ing the same.
Under no circumstances should she
sign any release or any paper at the
request of the company until she ef-
fects her settlement. The reason for
this is apparent. Many people have
been known to sign releases OF all
claim for damages under the impress
sion they were signing mere state
ment of the case. Women, in par
ticular, are apt to be rash about at
fixing their signatures to papers, often
not reading them to see what the con-
tents are, and sometimes not under
standing that the signature is an
agreement to stand by the paper.
In most states when woman con-
tributes to her accident by her own
carelessness, she cannot recover dam
ages from the company. This is called
contributary negligence, but how di-
rectly a woman is responsible is in
many cases mooted question. Where
death results the company is obliged
to settle with the executor or admins
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