The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-01-30
LAWYERS ATTACK
. LIABILITY BILL
Street Railway People Oppose
Wendenburg Measure and
Explain Why.

For moro than all hour yesterday
Senator wcndcnburg's employers liza
billy bill was undor fire before the
Senate Committee OH General Laws.
Corporation attorneys came loaded for
| the occasion, and directed voluble bat
teries agains, what they considered an
! unwarranted discrimination between
public service corporations engaged In
running steam and electric railways
and those engaged in other forms OF
| industry.
The bill aims to disable the contrib
utory negligence doctrine. which has
been interpreted by courts to bar A
claim for damages instituted by an
cmploye when injured In the service
OF corporation. when 1t is proved
that the accident was due in any de-
gree to the carelessncss of the injured
man. The proposed law would leave
to the jury to determine the relative
degree of blame that attaches to both
the cmploye and company, and award
damages accordingly.
Claim Unjust Discrimination.
Without exception the array OF cor
poration talent attacked the bill be-
cause ii included only railway COM
panics and took no notice of the hun
drcds Of other corporations and com
panies engaged III activities equally
as dangerous TO life and limb as
theirs, Among those who spoke
against the measure were J. Z. Rison
OF the Danvilic Street Railway Com
pany: William Il. McIlwaine, of Pc
crsburc: s. Gordon Cummings, OF
Newport News, for the Newport News
and Old Point Railway and Electric
Company; J. T. Coleman. Of Lynch
burg, for tho Lynchburg traction In
tcrests. and y. 3. Guigon, OF Rich
mond. for the Virginia Railway and
Power Company.
There is no more danger TO en-
ployes in running a street railway
than there is in running Il factory or
running dray," said Mr.. Guigon re-
marking upon the inconsistency of tho
measure. The only work in which
the element OF hazard enters IS In
, looking after and fixing the wires
EVEN II re It has been shown by fig
urcS the current employed in pro-
pellinS the street cars Is seldom so
strong as TO kill man, and instances
are rare in which men arc seriouslv
injured by IT.
should Include Power Companies.
such Il law. To be equitable, 1t was
claimed, should include power COM
penies operating high power trans
mission lines, as we'll as a number of
other hazardous Industries. Other
speakers held that the law of con-
tributory negligence has been declared
by the courts to be lust one. and
That IL an employee Is guilty OF neEl,-
| Sence. however slight, but enough to
produce an accident which would not
nave occurred without it, his claim
Tor damages should be Justly barred.
On behalf OF his measure, senator
endenburE Insisted that the element
| OF neglisenco is shared by both
cmploye aud employer. and that both
should suffer. 1t was not Just he
thought. that the burden should he
horne In every case by the poor en-
ploye and his afflicted family.
| Not the least result OF such law -
said Mr.. Wendenburg. would be the
employment by the corporations of a
better class or men. When they found
that negligence involved both them.
selves and their men In trouble and
expense. they would demand a higher
efficiency from the men they employ
and directly bring about a safer forcs
safer to themselves and safer 10 the
public"
Tho committee voted to meet acotr
IN executive session Monday. Febru.
airy B, to take action on the bill.