The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-11-09
CONSERVE THE LIVE STOCK.


hogs, and sheep are killed annually
by the railroads entailing an eco
nomic waste Of many millions OF
dollars, Mr.. W. J. Harahan, Presi-
dent of the Seaboard Air Line Rail
way Company states that the horses
and mules every year killed would
fill the artillery requirements of
many regiments and that the cattle,
hogs and sheep killed would provide
meat for many soldiers.
This economic waste, Mr.. Hara-
han thinks, could be reduced by OBJ
serving suggestions which he makes,
and which are worth reproduction.
We give them here:
"Owners Of stock keeping their
animals in fenced enclosures and not
permitting their stock to roam at
large on railroad right-of-way;
"Town officers passing ordinances
prohibiting the practice of permit
ting stock to roam at large;
"Superintendents, Roadmasters
and Section men making a personal
appeal to the owners Of stock to
keep their animals in fenced enclos-
ures;
"Engineers taking every precau-
ton within their power to avoid
striking stock and never failing to
report stock seen on right-of-way;
"Section men driving stock off
right-of-way, keeping farm gates
closed, and fences and cattle guards
in good repair; giving preference to
locations where liabilities of stock
getting on r~ight-of-way is greatest;
Newspaper editors presenting this
important matter to the public
through the press;
Everyone making a persistent
personal effort to bring about desired
results"
There are one or two other sug-
gestions which we would add to
those made by Mr.. Harahan.
In the first place, the jury trying
cases for the unlawful killing of cat
tie, hogs, sheep, etc., could materi-
ally cut down the number of killings
of such live stock by refusing to
give the party %aggrieved more dam
ages than the law allows. 1t is stat
ed that the Leopard cannot change
it's spots, o the Ethiopian his skin,
or words to this general effect, but
this doctrine has no reference to a
cow when it is struck by a railroad
train. No matter what it's breed be-
fore it was struck, up to this time it
has invariably become a Jersey. We
presume now that the fine beef cat
tie are beginning to be raised in
this section, the cows in the future
will sometimes be Red Poles and the
like.
We recognize that it is hard for
the members Of the jury to form
correct estimates as to the value of
animals killed on the railroad tracks.
The animals cannot be produced for
inspection, and the owner almost al
ways has an exaggerated idea of the
value of his animals, especially af-
ter they are lost, while the plaintiffs
lawyer generally thinks the railroad
witnesses are not to be believed. The
fact is the defendants employees
have poor opportunity to arrive at
a fair value when the animal is not
seen until after it is killed.
On this account we believe that it
would be we'll to limit the amount
of recovery in cases where animals
are killed unless it is at public cross
ings or at some public place where
the animals are to be expected. The
number of animals killed would in
our judgment be considerably re-
duced if we had such a statute. The
amount of time lost by the course in
trying the cases would be consider
ably cut down and the public saved
in this way. Such a statute would
be fair to all parties. While as a
matter of law the railroads are held
liable for animals killed on their
tracks only on the ground of negli-