The New York herald., 1921-02-10
IN
TRANSIT ACCIDENT
DAMAGES UNPAID
Verdicts of 10000 Litigants
Against Bankrupt Lines
Are Worthless.
25O DEATHS IN LIST
Some Victims. Also Survi-
vors. Are in Straitened
Circumstances.
SAD PLIGHT OF A WIDOW
Lawyers Form Tort Creditors
Protective Association to
Force Collection.
SAD PLIGHT OF A WIDOW

New York railway systems now
bankrupt and In the hands Of re-
ceiverships owe to 10000 litigants an
aggregate OF s4,000.000 awarded by the
courts as compensatory damages De-
cause OF deaths or disabling injuries
inflicted either upon their kin or them
selves by the now insolvent corpora
tions. These liza abilities include only
cases wherein the damage claims ac-
tually have been approved or judg-
ments have been entered by the courts
since the defendant companies be-
came insolvent. Not one cent of those
awards has been paid
The cases enumerated include Zoe
in which the injuries inflicted resulted
in death, ~ in which damages were
awarded for fractured skulls, 10 for
amputated limbs and 240 for frac-
lures of legs or arms. They include
about 1000 other cases Of serious in
Jury. such as fractured ribs. broker
collarbones, injured spines and frac-
tured shoulders. The remainder oi
the grewsome catalogue is a record
OF casualties more or less severe which
for a time if not permanently, disabled
their victims.
In thousands of these cases failure oi
the corporation to pay the courts JUST
awards has entailed grievous hardship
c,ripplss have been deprived OF their
earning power. Families bereft OF the
"a ther and bread winner, are in need, II
not in absolute 6estitution-
Because the railways are bankrupt
and tied up in the courts and because
damage claims such as these, however
neri,orious cannot take precedence over
rentals. mortgage interest and other ia
bilit.es, there il rot a ray OF nope Io'
these unfortunates save in remedial
Legislation such as Gov. Miller is advo
eating for the purpose OF unsnarling The
transit tangle.
Creditors Form Organization.
All these facts we're asserted and ofii'
ciaily recorded in meeting held yes
terday afternoon in the Lawyers Cur
by several score Of prominent lawyers
The meeting resulted in the organiza-
ton of The Tort Creditors Legislative
Protective Association.
The purpose of the conference was de-
fined In the call TO be Ito discuss ways
and means of protecting the rights OF
tort creditors OF surface railroads and
subways In Greater New York, including
Manhattan and Brooklyn. in legislation
now pending before the New York State
Legislature in Albany The four at
torneys who signed the call were Lyman
A. spaiding, Judge Leon Sanders. Moses
FeItenstein and Edward j. McCrossin-
The members OF that legal quartet alone
have clients who are clamorlng Tor
100000 worth OF unliquidated Judg-
nents, their claims TO e settlement OF
which have been sustained by the courts
Mr.. Spalding, who called the meeting
TO order, spoke feelIngly OF the plight
OF these unpaid sufferers. Clients OF his
own. he said, have unsettled judgments
In their behalf aggregating s1os.5oo.
One OF these cases he sketched In some
detail. II was the award made to Annie
S. Duffy, widow OF William J. Duffy
battalion chief OF the Fire Department,
on account OF his death from wounds
sustained while in the discharge OF his
duty. Chief Duffy, while responding to
an alarm on January 8. 1912, was struck
by a southbound Second avenue car at
Forty-ninth street He died later as a
result OF his injuries.
The widows claim was fought through
ali the courts, but the Court OF Appeals,
about one year ago, sustained the award,
which gave to Mrs. Duffy approximately
$4,000. including accrued interest upon
the original sum awarded. In the mean
time, however, the Second Avenue Com
pany had passed into a receivership and
the claim now cannot be liquidated.
$4,000 Awarded. but I'm Need.
This widow Of brave man." said
Mr.. spalding. SIS 81 years old. She
has three daughters and one son. and
one OF the girls is in impaired health
and requires special medical treatment.
Tho family is In sore need. but as the
law now stands IL II impossible for me
as their counsel TO give them any assur-
ance when. II ever. they may look for
payment OF what Is their just due"
Mr.. Spaldlng then read the figures
already cited summarizing the charactey
os the unpaid claims. Here" said he,
"is a list Of casualties greater than those
incurred In many OF the battles OF the
great war Some action should be taken
BY US lawyers to SEQ that these worthy
and unfortunate people receive the just
relief they are entitled to-
Judge Sanders said some Of his clients.
who have large unpaid awards due
them. are living literally upon the bounty
OF charitable institutions. In three Of
these cases tho father the head OF the
family and It's brcadp-inner--had been
killed. Nj. McCroesin told or youna
gi,i. 8 wage Garner. Who had been self
supporting. but who had bcen lncapaci-
tAted by tho loss Of p leg and is watt
INK eagerly for the sum the court gave
her.
Mr. Teltens;ein said he hod clients TO
whom the roads owed more than $780,