The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-21
DELAYS IN DAMAGE CASES,


The efforts of President Roosevelt
TO apply the law doctrine Of Hmasier
and servant to interstate commerce
without first providing National in.
corporation for the companies engaged
IN that commerce. were brought to
naught by The L. S. Supreme Court.
And probably all such efforts must fail
anlil that National Incorporation is pro.
vidcd
In Inc meantime. n recital of the
difficulties of recovering damages in
eases of injury, must be interesting to
! the public. \ brief of a case involving
claim for damages was furnished not
long ago 10 the New York Evening
Post, by lawyer familiar with the
case, as follows:
George ", TAYLOR was cmplovcd
as a brakeman by the ST. Louis ]. NJ
:. X. Co, and had worked since
May, 1892, when, on January IS, 1899
he was crushed TO death. AT that time
he was attempting, in tho discharge
Of his duty. 10 couple two cars which
the railroad company had failed TO
equip with proper couplcrs complying
with tho Federal Safety Appliance Act.
On February 81, 1899, letters of ad.
mInistration were issued. The com
plant AS of June term, 1899. was filed
IN the state court Of Arkansas on Oc-
tober %, 1900, on the same date rs
the answer
'Thc defendant pctitioncd TO remove
20 the Federal courts June p, 1899.
followed by motion TO remand. July
10. 1899, and the case was rcmandcd on
August 10, 1899. Then followed see
ond motion TO remand the amended
complaint. This was ovcrruIcd Novcm-
bcr 22, 1899. Some time in 1901 thc
action was tried in the State court.
Another trial took place on June 80.
1904. The administrator recovered
$4,000 damages on July /, 1904 The
action was revived on the administra.
tore death, September 81, 1906. and
was heard by the Arkansas Supreme
Court on October 10, 1906 (first appeal
~ Ark 9l3, second appeal So Ark.
39l)- The administrators prevailed.
since the motion by defendant for a
rehearing. October %, 1906, was denied
November 10, 1906 On December |
1906, writ of error TO the Supreme
Court Of the United States was al
lowed, and on January ID, 1907. the
record was filed in the Supreme Court
argued and submitted April II. 1908
and decided on May IS. 1908 (oI0 II.
5. 2SD. The Supreme Court of the
United States felt constrained to re-
verse the judgment, which ON n second
appeal had affirmed the Judgment of
the Crawford Circuit Court of Ar
kansas, obtained by the plaintiff
There was no delay in the procedure
required in that court.
Forms of the common law Of mas.
ter and servant had been complied
with, and the widow and children of G.
w. Taylor have not been awarded anv
compensation, although at the present
writing ten years and four months have
elapsed since he was crushed TO death
Taylor at the time of his death
was hardly thirty years Of age and
engaged in moving the commerce of
the county. lie was only one of the
33,0@G employees whom the railroads
killed in the twenty years ending June
80, 1907. In the course of that period
Sl2,1S1 railroad employees were in
iured--a total Of So 227 railroad en-
ployees killed or injured in twenty
years OF railroading.
Not one of these S65.227 railroad
employees received. pursuant TO any
law, quick. definite, and prompt com
pcnsation for his injuries. although it
is fact that every time six minutes
elapsed during the year 1907. somewhere
In the United States some empIovee
was killed or injured, and in 1907 there
were killed or injured 9o,17S, of whom
4131 were killed. The widows and or.
phans of every one Of these 1881 rail
road employees are, under our present
I'system OF law, required TO submit TO
the antiquated procedure of an action
at law instead Of obtaining prompt com.
pepsation
Every civilized state has been
forced TO change the systewatized in.
Justice involved in the administration
of the law Of master and servant. and
it is time that the people of the United
! States should relieve themselves from