The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-30
FELLOW SERVANT RULE ENDED
GOrERNOR SIGNS mn IsCREAS-
IVA RIII R0ADV LiiBiIITI.
PoInts but That Ilenents Ia Employees
Outw eiHh Incidental iDisady antases
NetOes the Demurrage Hiii % an IN.
fringemrnt on the Pew rs 0f Congress.

NetOes the DemurraGe Hfn 90 an IN
frinEemrnt on the Pow ere of Congress.
ALBANY NAV 20 Gov Higgins has signed
Senator Barnes bill increasing the liability
Of railroad corporations for injuries to
employees, In n memoTapdum giving hi'
reasons Gov. Higgins saysv
This act entirely eliminates the fellow ser
want rule 50 far as relates TO the negligence
OF employees of railroad corporations who
have the authority 10 direct or control other
employees or who have physical control Of
signals switches, engines. cars. trains or
telegra ph offices and makes the company
liable for the negligence Of such employees
when injury results TO a fellow servant.
himself free from negligence contributing to
the injury.
Where the rule is strictly In force prac-
ideally no responsibility exists for death or
injury caused by tn" ncgli gence of a fellow
servant. Such u rule IL not calculated to
diminish the risks Of accident neCessa rily
incurred in the hazardous employment of
operating railroads The modification ,herepf
for the benefit of railroad employees in other
Jurisdictions has not resulted in undue hard
ship to the railroad COMPANY. but rather in
the exercise OF greater care Oh their part to
protect their employees from injury,
This bill has been criticised as unconsti-
tutional. as including in "A class by themselves
all railroad corporations without regard to the
various dates of their employees. ignoring
alike the fact that a large proportion OF rail-
road employees are not engaged in extra
hazardous occupations. and tho fact that
many occupations outside OF railroading are
equally hazardous 18th that OF operating rail-
road trains; but railroad corporations may,
in the discretion OF the Legislature. be placed
In a class by themselves for many purp oses
of legislation, and II such classification IL In
part arbitrary the courts may limit the OBJ
iectionable clauses by construction. as has
been done IN other States.
The bill has also been criticised because 1t
may result In creating a personal liability N
the part of the negligent fellow servant, where
no such liability now exists. In my judgment
this danger u more imaginary than real, and
no such liability could arise, except where the
failure to exercise common prudence re-
suited In injury to one who was himself In the
exercise Of due care and diligence at the time,
The benefits to the employees az a class would
far outweigh any incidental disadvantages.
Assemblyman Steele's bill changing the
demurrage rule affecting the use of freight
cars on steam railroads has been vetoed
by Gov. Higgins. In vetoing the bill Gov.
Higgins filed Il memorandum, in which he
says:
This bill. commonly known as the "demur-
ra ge bill, " imposes a mandatory obligation
upon railroad companies TO furnish cars.
not exceeding two cars a day. to a shipper
on four days notice under penalty of 81,
per car per day. fixes the free time for load
ing and unloading, cars and the demurra ge
fee that the 70 abroad company may charge
and collect, and provides for prompt ship
ments after cars are loaded and prompt
pla cling of cars for unloading at the point
of destination.
A similar law OF the slate OF Texas was
held unconstitutional so far as interstate
was concerned. on the ground
that ii amounted to a regulation of commerce
bet ween the States, the power to make
such regulations being vested exclusively In
Congress. While this bill Is less stringent
than to-day's act the terms of the above
decision indicate clearly the opinion Of the
court that such legislation Is not a proper
exercise of the police power of the State.
Gov. Higgins has signed Assemblyman
Dowling's bill revising the provisions Of
the New York Charter relating to the open
ing of streets and parks 50 as to include
the acquisition Of title in fee or to an ease
ment therein or ip lands for public pur-
poses.