Evening star., 1927-11-11

Public attention has been focused
anew on the grade-crossing problem
by the Supreme Court decision hold
ing that railroad cannot be held re-
sponsible for what happens to a mo-
torist who tries to cross tracks with
out first finding out whether train
is coming. 1t is assumed generally
that this word from the highest court
will tend to make motorists more eau
tious, but there is difference of
opinion as to the probable effect on
the railroads. Some observers think
it will stimulate the movement to
eliminate grade crossings; others fear
that with responsibility so definitely
placed upon persons who get in the
way of trains there may be a let
down in precautions taken by the rail-
roads themselves.
Quoting Justice Holmes statement
that 'if the driver relies upon not
hearing the train or any signal, and
takes no further precaution, he does
so at his own risk" the Atlanta Jour.
nal states: Nothing could we'll be
palmer. What of its effect? Ger
tainly it should have some deterring
influence on all save the incorrigibly
careless. The courts decl-
sion gives new meaning and authority
to stop, look, listen.'" The Brook
lyn Daily Eagle adds that motor
lists know how easy a stop is for them
when they are going at any rational
speed in approaching a grade cross
ing, and they can guess how difficult
a stop is for a train going SO miles an
hour. or even 40 miles"
"If the motorist hasn't a good view
Of the track: if he is not sure that the
track is clear, it is his business to get
out of his car and make sure that
there is no danger in crossing" says
the Waterloo Tribune in discussing
the effect of the decision, and the Lin
coin Star expresses the view that
go per cent of all the accidents at
crossings which result fatally could
be avoided if the drivers exercised the
care which the Supreme Court de-
clares is necessary"
1t seems to the Nashville Banner
that "the principle involved is no diff
ferent from that which has been ex-
pounded for years by automobile clubs,
safety associations and newspapers
from one end Of the country to the
other" and it suggests that ''it is cer-
tainly the only possible construction
under existing circumstances. Grade
crossings, continues the banner, are
facts. 1t is not possible that all of
them should be removed for years yet.
if ever, and the railroads cannot be
expected to take more than reason
able precautions" 1t Is because driv-
ers will not observe simple rule of
safety, declares the Los Angeles Ex-
press, that the taxpayers and the
railroads between them are forced to
spend millions upon millions OF dol
lars for grade separation
X X X
"The net result of this wide-sweep-
ing opinion" as viewed by the Louis
vile Courier-Journal, Twill be that
reckless drivers will not be able to
collect damages from railroads"
That paper holds that too frequently
the railroads have been penalized for
no fault of theirs"
Nevertheless the st. Paul Dispatch
emphasizes the conclusion that 1.-The
Supreme Court has not issued a de.
cree that the sole responsibility for
safety at grade crossings rests upon
the motorist. What it has done," says
the Dispatch, els to define standard
Of conduct fol-, motorists approaching