Newark post., 1911-06-28

4 llldlulS Z dSS, plySlCdl Sll ellSlli anu
experience in the like work. A To-
comotive engineer is thoroughly
tested in all these respects before
he is put in charge of an engine,
yet he runs only on his conpany's
tracks; a chauffeur is allowed to
inlperil the life of everybody law
| fully, using the street or roadway,
and yet he may be boy just out
of his teens, a superannuated ser
want, or a man addicted to drink
or otherwise altogether untrust-
worthy. But a few months ago
chauffeur in this city left his en-
ployer at the opera, under orders
to return to the garage, and, in
stead of doing so, picked up a
male and two female companions
and went on 'joy ride wreck
ing the machine and killing one
OF the unfortunate young women.
Some time previously the owner
of an automobile travelled in it
from Washington City to some
point in New Jersey and directed
his chauffeur to bring it back.
When the chauffeur reached Bel
air on his return, it was night and
he was in the condition of Rev.
| Mr.. Stiggins at the Temperance
Meeting in Pickwick; he started
off like mad on dark, rough and
hilly road, carried the tollgate off
its hinges, was saved by some
special Providence from killing
either himself or anybody he met
during reckless run of some five
or six miles, and finally wrecked
his machine at the bridge over the
Little Gunpowder. If these Incl
dents were exceptional it might
be unnecessary to dwell upon
them, but they happen every day;
it is exceptional to find a news
paper which doesn't report one or
more of them, and it is no tri1ing
matter that the persons and prop
erty of reputable citizens obliged,
as many are, to use the roads of
neighboring counties after night
fall, should be endangered by pow
erful machines filled with drunken
men and dissolute women, and
tearing about from one disrepu-
table resort to another.
In dealing with damage to per-
sons and property thus caused, it
might be we'll to adopt one of the
principles of Admiralty and make
the automobile itself responsible
for any injury it does, without re-
gard to its ownership. But the
liability of automobile owners
should be extended much farther;
if man takes lion or tiger or
any animal ferae naturae through
the streets, he must look out that
other people suffer no injury; if
the beast gets away from its keep
er and does damage, it is no ex-
cuse to the owner that he thought
it was we'll secured. Is there any
reason why one who sends dam
( gerous machine on the highways
or suffers it to be sent there should
be treated more leniently? II he
thinks he has fit chauffeur when
he hasn't, ought not he to suffer
for the mistake rather than per-
fectly innocent people who. are
killed or manned or have their
goods destroyed by reason of it?
When damage is shown to have
been done by an automobile, the
law should apply the maxim res
lpsa loquitur; the happening of
the accident should suffice to es-
tablish the owners responsibility
unless he can satisfy jury that it
happened from causes truly and
entirely beyond his control.
The establishment by statute of
this strict civil responsibility would
be the more effective, because, for
the most part. automobile own
ers are rich men, or, at all events,
men of some substance; it should
be supplemented, however, by a
criminal responsibility, no less
strict for any chauffeur who fails
IN his duty to protect the public,
whether such failure has caused
actual injury or not; punishment
tor such offenses must not be pour
rlre; fear of it should suffice to
drive out of the calling every man
who knows he has no business to
be a chauffeur. Finally, public
opinion must not treat lightly these
really serious questions; but show
itself alive to the gravity of evils
which have been SO lately and so
FL r