Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-10
BIG CORPORATIONS
QUESTION NEW
LAW OF LIABILITY
Alderman Measure Said to Be
Class Legislation and Not
Applicable to TrOIleys.

TRENTON, June 10.-In two damage
suits argued in the Supreme Court yes
terday the constitutionality and defec-
tiveness of the Alderman employers
liability law, which was passed last
winter, was attacked. In one of the
suits h Public Service Corporation
seeks to have a verdict of $25, 600 set
aside, which was recovered by James N.
Conover, a motorman, who was injured
by an accident caused by one of the
company's r running into another
car upon which Conover was employed.
the accident resulting in tht amputa-
ton of n of Conover's legs. The other
case vas the suit brought by William
A. A. Quigley as administrator of the
estate of John Calvin Arner, a locomo-
tive engineer, who was employed by tho
Lehigh Valley Railroad Company. He
was killed in a rear-end collision.s
The Public Service Corporation, in
arguing against the verdict, insisted
that the new Law did. not apply to street
railways, and pointed out that a careful
reading of the act would bear GU their
contention.
The Lehigh Valley Railroad Company
attacked the law on the ground that it
was special legislation in that 1t only
applied to railroads, and, like the Public
Service Corporations point, claimed
that 1t did not apply to street railways.
Counsel for Conover, in arguing
against the contention of the Public
Service Corporation, said:
"In view of the recent development of
electric cars and trains, running
through and between cities, it is appa-
rent that the act necessarily embraces
electric lines. For instance. the trolley
cars running from Newark to Hacken-
sack, run through the streets of New
ark, thence out through the streets of
an adjoining city, and thence through
several cities, until they reach Hacken-
sack. Between the towns they run up-
on railroad ties and rails: there are
switches, both inside and outside the
towns; there are signals; there Is a time
table, as in the case of a steam railroad
train.
This method of intercity, cross-coun-
try trolley traffic is being repeated all
over the State OF New Jersey. The
PENNSYLVANIA railroad and the Rapid
Transit will carry passengers in the
same manner as a steam railroad, and at
the Saint llllO VIII, III ioSt, ~ 1OiSS
cars. The first proposition, therefore, Is
that when the act says railroad it APP
plies to a street railroad, as well as to a
steam railroad.
"A street railway, therefore, is a rail-
road, and tina being so the employer
would be liable for the negligence of an
employee who had control of any signal
or switch on a street railroad, because
there are signals and switches on a
street railroad. just as there are upon a
steam railroad"
In conclusion counsel submitted that
the act must be literally construed, that
IL must apply to street railways, that If it
applies to street railways it must relate
to the vehicles which move thereon,
and. therefore, that the act applies to a
trolley car.
Submitting that the State constitution
will not permit an arbitrary and special
classification, it was therefore argued
that the Alderman law falls within h
constitutional inhibition. Criticism
was also made Of the title of the act
and the failure of the Legislature 10
pursue the proper course in amending
the existing law. The latter point was
raised under the constitutional provl-
sion that no act shall be passed which
shall enact that any existing law, or
any part thereof, shall be applicable,
except by inserting 1t in such act.