Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1912-02-15
PERSONAL DAMAGES

A bill, entitled ga bill concerning
the instruction of the jury, and the in
PRODUCTION of evidence in actions to
recover damages for personal injuries
or wrongful death" has been report
cd favorably by the Committee and
is now on the Calendar Of the Senate
of Virginia.
The rule of law intended to be
changed by this bill has always been
recognized in Virginia, and is observ-
ed by all the best authorities and the
Courts of every State of this Country.
The care required Of railroads, manu-
facturers, merchants farmers and all
persons carrying on any business
whatsoever is that thier business must
be conducted according to the stand
ard set by other prudent and well reg
ulatcd corporations, companies or in
dividuals engaged in a like enterprise.
The law recognizes that perfection is
unattainable and that neither corpo-
rations nor individuals are the insur-
crs of those who are injured in the
due and orderly conduct of their bust
ness, when that business is carried on
in such manner.
If this bill should pass, there will
be no standard of law by which the
conduct of any corporation or indivi-
dual may be measured, and it will be
left to the conjecture or whim Of a
jury to determine whether or not
there may be recovery in each suit
that is brought Jurics in one locali-
ty may fix one standard, while jurics
in another locality may fix another
standard A jury at one term of
court may fix standard that will not
be the same as the standard fixed by
jury at the next term Of court, and
even two or more juries at the same
term Of court may fix different stan
dar(s. Not only will the. whole course
Of legal procedure in matters of this
kind be thrown into confusion, but no
one can tell how his business should
be conducted so as to prevent his be-
ing mulctcd in damages, and no in
vcstment in machinery will ever be
safe. A railroad company may con-
form to every requirement of the law
of the Federal Congress, which it
must obey, and yet the jury may find
against it; merchants, warehousemcn,
hotels and others operating elevators
and other apparatus may use all the
care possible in securing the finest ap-
pliances and have them regularly in
spected by the best known experts,
and yet juries may find verdicts
against them; manufacturers may con
luct their business with the high
est degree of care to avoid injury to
their employees and others, and yet
juries may find verdicts against them;
farmers may purchase the best mach
inery known to the trade, such as
gasoline engines, steam engines, and
have them operated by skilled en-
.,loyccs, and yet jurics may find YER
licts against them.
If this bill should become law
very class of business that is now con
Quoted in the State of Virginia would
be unprotected, and every business
man, regardless of his occupation,
would be mad virtually an insurer of
his employees and of every one else
who comes upon his premises The
courts could neither guide nor assist
the jury in reaching just conclus-
ION upon the evidence.
The bill is very much more impor-
tant than a casual glance would indi-
cate, and, as it's enactment will in
iuriouSly affect all classes of indus
Try, it should he defeated.
T. = = s. =