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The life of George Stephenson, railway engineer - Lighthouse ...

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480 RAILWAY SYSTEM AND ITS RESULTS.<br />

only occur, during half a year, in the proportion <strong>of</strong> one in seven mil-<br />

lions ? In the active performance <strong>of</strong> the duties <strong>of</strong> <strong>life</strong>, it is impossible<br />

to find a case in which the proportion <strong>of</strong> fatal accidents is so small.<br />

But nevertheless, whenever an accident does occur upon a <strong>railway</strong>, the<br />

public are sure to find it regarded as " Another Fatal Railway Acci-<br />

dent," just as if such accidents were constant, instead <strong>of</strong> being, as the<br />

Government statistics prove, most rare and extraordinary.<br />

In comparison with deaths by <strong>railway</strong> accidents, how many are the<br />

fearful are the mis-<br />

accidents to persons walking in the streets ! How<br />

adventures met with by those " who go down to the sea in ships !<br />

Yet Parliament saw fit to provide, specially, for the smallest class <strong>of</strong><br />

accidents arising from locomotion, and to afford only scanty redress<br />

for the greatest. Such has been the character <strong>of</strong> legislation for <strong>railway</strong>s.<br />

<strong>The</strong> Merchant Shipping Law Consolidation Act, 1854 (17 and<br />

18 Vict. c. 104), recognizes in some sort the liability <strong>of</strong> shipowners in<br />

cases <strong>of</strong> loss <strong>of</strong> <strong>life</strong>, or <strong>of</strong> personal damage to passengers. But this<br />

Act only exemplifies, still more strongly, the partial character <strong>of</strong> legis-<br />

lation as against the Railway Companies. For whilst the damages, in<br />

the case <strong>of</strong> accident upon a <strong>railway</strong>, are unlimited, this Act expressly<br />

limits the amount, which can be recovered under its operation, to £30<br />

per head. Still further, if a crowded emigrant ship should be wrecked,<br />

and all the lives on board be lost, the liability <strong>of</strong> the shipowner would<br />

be limited to the value <strong>of</strong> the ship and the amount due or accruing to<br />

him on account <strong>of</strong> freight in the voyage during which the accident<br />

occurred, so that, practically, the deodand amounts to nothing more<br />

than a first charge upon the insurance effected by the shipowner upon<br />

the ship and cargo. A shipowner might thus send his vessel to sea,<br />

her condition unseaworfhy, her compasses ill-adjusted, inefficiently<br />

commanded, and with a disorderly or incapable crew. <strong>The</strong> ship minht<br />

be wrecked the same night, or be run down, for want <strong>of</strong> proper vigil-<br />

ance, by some steamer in the Channel. In such cases there would be<br />

only very partial redress against the shipowner, whatever mio-ht be<br />

his culpability. But let a <strong>railway</strong> carriage be thrown <strong>of</strong>f a fine in a<br />

dark night, by a stone, or a log <strong>of</strong> wood carelessly or wilfully placed<br />

upon it,—let a fatal accident occur in consequence <strong>of</strong> some wanton act<br />

not <strong>of</strong> the Railway Company, but <strong>of</strong> that public who ought to guard<br />

and protect one another,—and the Railway Company, althoucrh suffer-<br />

ing severe loss <strong>of</strong> property, without having any pecuniary redress, even<br />

on the legal conviction <strong>of</strong> the perpetrator <strong>of</strong> the deed, which may have<br />

been prompted either by a diabolical desire to wreak a petty ven-<br />

geance, or for the gratification <strong>of</strong> a malicious disposition, is liable to<br />

be mulcted in the heaviest penalties, for the accidental loss <strong>of</strong> <strong>life</strong> the<br />

"

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