Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-05-01
THE DAMAGE SUIT PROBLEM.
itor of The Yorkville Enquirer:

Editor of The Yorkville Enquirer:
II you will kindly allow me short
space In your paper In which to call
attention to what conceive to be q
growing abuse, and to suggest q rem
edy, will thank you at Least for having
helped to give me a certain amount OF
relief.
/ am concerned about what Is gener-
ally comprehended in the description,
damage suit industry"
We never had a great deal OF this
kind of business until the past few
years; but since 1t has been started
we are about to get enough to do us.
II strikes me that connected with IL
there are things that are not calculat-
ed to help the moral health OF our peo-
pie.
For instance, there Is no doubt OF
the fact In my mind that the South
ern railroad deserved to be severely
punished on account Of the Fishing
Greek trestle wreck, and neither Is
there any doubt of the fact that the
people who were hurt there We're de-
serving of reasonable compensation In
the way OF damages.
But take the Brickman' verdict. 1t
Is commonly admitted that part or
IL was intended as actual damages to
the plaintiff part Of it as compensa-
ton for mental anguish, and part OF
It as punishment for the railroad COM
pany on account of their manifest
criminal negligence.
That is all right; but am concern
ed to know why that portion OF the
verdict that was assessed on account
of punishment, should have gone to the
plaintiff. The plaintiff Is supposed TO
have gotten all that could be reasona-
bly, claimed on the actual damage ana
mental anguish accounts.
Take the recent twenty-five thou
sand dollar verdict against the sea-
board also. That was all right. Neg
ligence. was shown. 1t was not quite
so criminal as In the case OF the
Southern. In fact II was almost ex-
cusable: but nevertheless those rotten
timbers were an evidence OF negii-
gence and so was the conduct OF that
engine crew that followed so close be-
hind the passenger train. The attor-
news argued criminal negligence, and 1t
is probable that this consideration fig
ured In the verdict: but why should
the sum assessed on this account have
gone to the plaintiff.
We've got to make the railroads and
other corporations exercise all possible
care in the preservation OF the lives
and limDS or their servants anu pd-
irons; but the greed Of gain Is hardly
greater on the part Of corporations
than on the part of individuals, and 1t
must not be forgotten that under stress
of great temptation individuals will
do as questionable things to
carry their points as corporations VIII
do.
Railroad and other corporations have
law agents and other detectives to look
up testimony on their side ana so have
One is scarcely worse than
the other in this respect, or In efforts
to tamper with juries, etc.
Now It seems to me that there might
be found a partial remedy for the
situation complained of. IL our people
would demand some common sense
legislation along this line, and want
to make this suggestion.
Let the general assembly by statue
establish a schedule Of compensation
for accidents of various kinds, SO much
for a death, so much for the breaking
of a leg, so much for the loss OF an
arm, an eye, ETC., just like the acci-
dent insurance companies.
In some states, l believe, the limit or