The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-03-26

UNDER THE NEW
LIABILITY ACT
Administrator Brings
Suit for Death at
Terra Gotta.
Brakeman B. F. Legg'S S
Estate Named in
Complaint.

The first suit brought for damages in
the District Of Columbia under the en-
plOyers' liability act, passed by Con-
gress last summer. WAS instituted in
the District Supreme Court today. when
George W. Wines. as administrator.
sued the Baltimore and Ohio Railroad
Company for $4,000 for the death Of
Burreu r LeRg, a brakeman. who was
killed IN the Terra Gotta wreck Decem-
Der 80. 1896.
The employers liability act aboIIshes
the fellow servant doctrine Of con-
tributOry negligence with respect to
employees Of common carriers doing bust
ness in the District Of Columbia, or en-
gagged IN interstate commerce.
There has been much discussion as 10
the constitutionality Of the employers
liability act" Two Of the circuit
courts of the United States have held
the act unconstitutional and three have
held it valid.
Law Not Questioned in District.
A case in which the validity Of the
act is involved, has been specially set
for hearing in the Supreme Court Of
the United States for April s. The at
torneys say that even II il should be
held by the Supreme Court that Con-
gTess had not the power 10 pass the act
as a regulation of interstate commerce
the decision would not affect the valid
itv OF the law in the District OF Colum-
lia, over which Congress has exclusive
Jurisdiction.
Legg, Is is alleged. was a brakeman
on passenger train No. S. and his death
was caused through the NEGLIGENCE Of
other employees Of the company. Among
The defendants negligent acts. IL Is
charged that a double green signal
was displayed 20 the engineer in charge
Of train No. 2l20 AT Silver Spring. that
train No. 2l2O. after receiving the "dou-
bic green signal, proceeded At q dan
gerous rate of speed and passed bv a
danger signal at Takoma: that train
2l1D, which consisted of "dead-head
equipment" and was not running on
scledules was allowed to run immedi-
Stcly in the rear of the regular pas
Senger train. without necessary precau-
uonary orders being Issued 10 the crews.
Block System Complained OF.
The manual block system" in use
on the Metropolitan branch is also
complained of, and the company Is said
to have failed TO promulgate ana er-
force proper rules and regulations for
operating II. II is alleged that the clos
ing Of certain block signal stations be-
tween the hours Of $50 p. m, and s a.
m, and the imposition upon the operat-
ors in charge Of the signal stations of
burdens0me duties. which made it i'm
possible for them to properly attend 10
their signals. was also responsible for
the wreck.
1t is also charged that the schedule
upon which train No. SIS ran upon on
week days, but upon which u was i'm
possible for II to run on Sundays was
used for the guidance Of the employees
Of the railroad on Sundays as well as
on week days, and that il mis!ed the
conductor and engineer Of train No. 2f3O
and caused them to believe that train
No Go was not in proximity 70 train No
2l20 at the time of the collision
Attorneys Leckie, Fulton & Cox, and
O'Flahsrty & Fulton, Of Front Royal,
Va, appear for the plaintiff.