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Omaha Sunday Bee
PART TWO
EDITORIAL
PAGES ONE TO TWELVE
PART TWO
SOCIETY
PAGES ONE TO TV7ELVE
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VOL. XLU-NO. 33.
OMAHA, SI' DAY MORXlNd. VKWUV AHY
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life?'
what
HAT is the value of a human
Who tan measure it? With
scale? By what standard?
In every life there aro too many
elemonts and. Qualities and relations
to other lives to permit any perfect
understanding of Its value; ho one can
mcasuro the Joy of a child's heart when It runs to
meet Its father, coming home from work; no one
can measure the happiness in the soul of tho good
man's wife, created and nourished by his loving
care; no one can measure tho peace of mind that
belongs to the man who has a home and wife and
children whom he loves nnd who lovo him.
To somo loved ones, far away perhaps, tho life
of the common section hand may be worth as much
as Is tho life of tho railroad president to those- who
hold him dear; perhaps it 1b worth more; the death
of tho humblest and cheapest employe In a pack
ing house probably is as irreparable to some one as
that of the department superintendent to some
one else.
All that man can do is to estimate the value of
a human life in material things, by-material stand
ards, in dollars and cents; to determine how much
money his life is worth by mathematical considera
tion of his earning ability and his life expectancy
and the needs and life expectations of his family.
At public meetings of the employers' liability
and workmen's compensation commission, held in
Omaha a few weeks ago, the wide differences of
opinion that appeared In discussing the compensa
tion for loss of life proved the complexity of the
problem. Some considered the proposed maximum
death benefit of $4,800 too low, though It Is
greater than that of any similar law, except In
California, where It Is $G,000. Others considered
It far too high and declared It much more than
what now Is recovered after attorney's fees are
paid.
Court Records Give Answers.
Yet, as a matter of fact, this question of what
a human lifo is worth is being answered every little
while right here in Omaha, and tho answers are
found in the court records showing tho verdicts
given by Juries where suits have been prosecuted
by dependent survivors or where settlements ef
fected out of court aro mado permanent by going
through tho form of confessing Judgments. To get
an idea what these answers to the questions are
the official records of the district court for a year
. have been carefully gone over and the circum
stances noted and studied.
Tho records for this particular year show twen-
. ty-two suits for damages resulting from deaths suf
lercd through accident. Seven of these were filed
not for trial, but merely to make settlements mat
ters of record and thereby protect the nominal de
fendants against future notions. Settlement having
been agreed upon, both sides went into court; the
administrator of the estate files petition for dam
ages; the defendant an answor and offer to confess
Judgment in tho amount agreed upon; the offer is
accepted as per agreement out at court. In seven
cases settlement was effected olthor before tho last
legal lengths had been reached; in the others both
sides fought It out until it was ueoIoes to fight
longer.
The total of amounts paid for tho twenty-two
lives was $30,4 IS. GO; th nverago waa $1,Gr0,75
and a fraction of a cent. In five oases nothing at
all was paid. The highest amount paid on account
Some Sample Values
A locomotive engineer $1,999.00
A transfer wagon driver 1,000.00
A section hand 250.00
A music instrument vender 966.66
A switching crew man 8,400.00
A boy trucker 1,500.00.
of any ono death was $8,400; the lowest was $100.
Let us look into these cases in detail.
Parties Often Agree to Settle.
Louise D. Swift and her daughter, wifo and child
of Patrick fl. Swift, a Union Pacific engineer, were
paid $1,999 for the loss of tho husband nnd father.
Swift was a man somewhat under middle age. He
died of Injuries sustained when tho reverse lever
of his engine swung back and struck him.
Theodore P. II. Heuck and wife, parents of Wal
ter T. Heuck, a 19-year-old boy, were paid $1,500
for his death by his employer, tho McCord-Urady
company. The boy was earning $45 a month as a
trucker when Uowas killed. When in tho course
of his wo'rk he leaned over an elevator shaft gate to
locate the car, the gate gave way and ho fell down
the shaft to his death. He lived nt home and li 1b
earnings went Into tho common family purse.
The estate of Peter Dpmet-TpoliB, a rompiou
laborer, killed while at work for the Burlington
railroad, was paid $400 by the road. Ucmetropolls
was an unmarried young man. Ho was survived by
a mother and three small brothers and sisters in
Greece, all partially dependent upon him.
Tho Union Pacific railroad paid the estate of
Florence Lutes $1,77" for her death. She was run
down and killed on a grade crossing. The records '
show nothing of her position in lifo or tho circum
stances. Elizabeth S. Mullaii, widow of John .1. Mullnn,
was paid $8,000 because of hor husband's death
whllo at work for the Burlington railroad. Xo
further history of tho case Is accessible, tho rnilroad
having withdrawn all tho papers In the case With
permission of the court(
The Chicago, St. Paul, Minneapolis & Omaha
paid Anna Mc.Manls $1,000 as widow of William
McManis. McManis, a transfor wagon driver, was
caught between two cars and crushed to deatli while
driving through the railroad yards on legitimate
business. He was 23 years old and earning $12.50 a
day at the tlmo of his death. Mrs. Mc.Manls, his
widow, was 21.
Tho widow and three children of Robert L.
Pulslfer, a Union Pacific section foreman, -were paid
$500 for his death. He was run down and killed
while at work, the engine crew being blamed for
his death.
'Takes One-fourth of the Demand.
Swift & Company settled for $2,500 withaho
widow and five children of Ernest J. Karnett, a
bricklayer employed at the Swift plant. A ladder
on which ho was climbing to his work nt the plant
broke. Ho fell, sustaining fatal injuries. In the
suit $10,000 was demanded, but a settlement was
mado for $2,500.
Tho Union Pacific paid $250 for the death of
Salvatore Bellanca, a section hnnd, 21 years old.
The money went to a sister, who had been depend
ent upon Bellanca, his only heir. Bellanca and
others had moved onto a sldotrack when a train
was approaching on tho main track. As the train
neared the foreman cried out that the train was
coming on tlto sidetrack and tho men must look out
for themselves. Bellanca, terrified, ran back onto
the main track instead of accompanying the others
off tho right-of-way. After suit was started for
$1,999 settlement for $250 was effected.
The Omaha & Council Bluffs Street Rallwaj
company paid the family of O. 15. McCartney $3, COO
as compensation for his death. McCartney, an em
pioyo of tho company, was on his way to work on a
"work train" when tho motorman In chargo losl
control; a wreck followed in which McCartney wai
killed. It was alloged the cars and motor of the
train were old and defective and the motorman
reckless. McCartney was described as a carpenter
and day laborer earning $2 to $3.50 a day at the
time of his death. He was 33 yearn old and left a
wife and six children, the oldost of whom was 10
years old. The original claim was for $20,000. An
offer to Bettje for $3, COO was acccptod.
Tho Union Telephone Construction company
paid Frieda Ulngerlch and her small sun only $250
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for the death of the husband and father. While
employed by tho construction company a telephone
pole fell on Glngerich, killing him. Ho was 31
years old and earning $20 a week. Suit was started
for $25,000. An offer to sottlo for $250 was ac
cepted. The attorney said more could have been
got by fighting the case through, but he under
stood the company was "no good" and a Judgment
would be worthlees.
One Hundred Dollars Does It.
The Bennett company paid Httu Mcsarvy $100
on account of the death of her husband, James O.
Mesarvy, an aged man who was run down and
killed by one of the company's messenger boys,
riding a bicycle recklessly. She was tho only per
son dependent upon Mesarvy for support. Slio sued
for $25,000 and settled for $100. Her attorneys
said it was very doubtful If the company was liable
at all and they were glad to take $100 In settle
ment. Tho Missouri Pacific railroad paid $1,500 to
tho parents and several minor brothers and sisters
o'f Albert Molander, a young mechanic, 19 years old,
earning $20 a week, who, while on his way to work,
attempted to cross switching tracks of tho railroad
at a street intersection and was run clown by a
switch engine. The heirs asked for $20,1 5,0. The
road had the case removed to tuo United States dis
trict court, but it was sent back to the district court
and an offer to settle for $1,500 accepted.
Emily Murray obtained about $200 from Gus
tavo E. Shukert and the Tolf Hanson estato for the
loss of her husband, Rudolph D. Murray. Murray
was 48 years old and earned from $100 to $150 a
month, according to the potitlon for damages for
his death. He left a widow and. four children.
When ho was moving coal into a building owned
by Hanson and Shukert the elevator fell on him,
killing blm. The heirs compromised with Shukert
for something less than $100. It was shown that
whllo ho owned an interest in the building he waa
One Year's Record
Death claims in court 22
Total amount paid $36,448.66
Highest valuation 8,400.00
Lowest valuation 100.00
Average valuation 1,656.75
Deaths with no reimbursement 5
not in possession of it at the time and it was doubt
ful If ho wns liable. Shortly afterwards Hanson
became bankrupt; later he died. The heirs settled
with tho Hanson estate for something less thnn
$100, convinced that Judgment for a greater
amount would bo worthless.
Over Two Years Till Relief.
Florenco H. Murphy and her boii of I years
lallcd to recover anything from tho Missouri Pa
cific railroad for the loss of their husband and
father. John P. Murphy, a man below middle age,
a switching foreman, wns crushed between an en
glno and a car when trying to mnko what Is known
ns n flying switch. It was alloged tho engineer's
carelessness was responsible for the accident. Two
years n.nd,.ono month utter tho death suit for $1,999
was Instituted against tho road. The case was
thrown out of court beeatiBo tho stntuto"of llmlta5"
(loiiB had rtin against any claim tho widow -and
child might hnve had.
The estate of Ben C. Bnkor fulled to recover
trom tho Oninha Packing company for his death
whllo at work in. tho company's plant. Baker was
earning $3 a day ns a hog scraping machlno opera- ,
tor. He left two daughters, nged 1,5 and 1C. His
clothing caught In a set screw of Borne shafting, vio
lently throwing him against a wall nnd tho concus
fclon killed him. Tho estato sued for $25,000 for
tho benefit of the heirs. Tho null wns removed to
United States court on motion of fho packing com
pany. There tho company made such a good de
fense of contributory nogligcnco that the attorneys
for tho heirs wore afraid n verdict would be directed
for the company. To escnpo this they dismissed
the suit "without prejudice." Tho term ' without
prejudice" means without bar against n new action
on the tamo grounds. Though u new suit might
be Instituted, nono has been and probably none
will be.
Court Cuts the Amount Down.
Olena Swnnson wns paid $3,500 from the. Union
Stock Yards company for tho loss of her husband.
N'cls Swnnson, who was killed whllo at work. Swan
son was a railroad track repair man in tho ynrds,
earning $2.50 a day at tho timo of his denth. Mrs.
Swanson wns his only heir. A string or curs was
"kicked" by an engine onto a track which Swanson
wns repairing. With his back turnod, ho did not
boo tho cars approachlug, and, thcro being no en
gine, the approach was almost noiseless. Swanson
wns run clown and killed. Mrs. Swanson sued for
$10,000, ulleging negligence in not hnvlng a brake
man In chargo of tho cam nor having a man sta
tioned nearby to warn Swanson of his clanger. Tho
answer was that Swanson assumed tho risk when ho
took the Job and should have looked out for him
self. The Jury gave a verdict for $5,000. On ap
peal tho supremo court held tho vurdict excessive
and ordered a new trial unless Mrs. Swanson should
agree to accept $3,500 Instead of tho $5,000
awarded by tho jury. The widow took the $3,500.
Virginia B. Clement and her daughter failed to
mako Swift & Company pay for the death or their
husband and rather, Joseph W. Clement, n buyer or
tallow and hides for tho packing company- Clement
was 42 years old. It wus alleged that when he was
Hiiddonly taken ill at tho plant rellow employes took
him to a saloon nnd left him there; lato at night
employes In tho saloon, thinking him drunk, put
him out; after exposure to tho elemonts (it was
winter) Clement was picked up by the police and
taken to tho station, whero he spent tho remainder
of tho night on a bench. Clement died a few days
later. Suit for $10,000 was Instituted, to which it
was replied that Clement had been drinking, but
was ablo to take care of himself when removed to
tho saloon. The company obtained transfer of the
caso to United States district court, where on trial
a motion to direct the Jury to find for the company
was sstained.
Alma Albrecht recovered $9CG.CG from Morris
Bros., plumbers, cm account of the death of hor hus
band. Adolph Albrecht, 78 years old, was making
$100 a mouth dealing In musical Instruments. He
lert his widow and four adult chlldron. The plumb
ers had duj; a trench near Albrechi's home. It was
alleged that when their omployos failed to cover tho
trench with boards ono night Albrecht fell Into .the
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tronclt and was fatally hurt. Ho sued ror $5,000
damnges, but before trial tho mun died. Tho suit
was revived In itho name of his widow as adminis
tratrix of his estatet with n demand for $10i000.
Tho defense was Hint tho trench was on private
property and It was not customary to cover such
nxcuvallona with hoards; that Mrs. Albrecht had
ordered tho men to placo the boards on previous
nights and thoy had dono so merely ns assistance
to her; that If on this night tho boards were not In
placo It was Mrs. Albrecbt's rault. Tho Jury valued
tho mini's life nt $9GG.0G and tho case wont no
further.
Tho wire ana parents or Arthur W. Taylor got
nothing at all from the Leonard Construction com
pany for his denth. Taylor, employed as a carpen
ter, was killed when n scaffold on which ho was at
work on tho eighth story ot a building gave way.
Taylor's wiro was wholly dopondont upon him and
his parents partially were dopondont upon him. In
tho suit $25,000 was asked. The dofendant obtained
removal to United States court, whoro on a plea of
contributory negligence tho Jury was instructed to
find against tho plaintiff.
Biggest Recovery of the Year.
In purt by settlement and In part by trial tho
parents of Martin J. Fitzgerald obtained $8,400 -as
compensation for his death from the Union Stock
Yards company aud the Burlington railroad. They
also were paid $2,100 out of tho .Burlington's relief
fund. This was practically the same as insurance
money, as Fitzgerald had paid premiums Into the
fund. Fitzgerald, about 23 years old, was employed
as a member of a Burlington switching crow in the
Union stock yards. Ho was known as a student in
the switching department. Tho record does not in
dicate what he earned, but ho gavu all his wages,
except a few dollars n month, to his parents, with
whom ho lived. Ono day Fitzgerald was ordered to
couple an onglno nnd car. The car coupling being
dcfccllvo it wns necessary to step In between the
car nnd tho engine to perforin his task, lie could
have done this sufoly had tho engine approached the
car slowly, but an engine and string of cars, oper
ated by employes of the stock yards company, was
suddenly driven with great force against tho engine
Fitzgerald was about to couplo and ho was crushed
to death. Tho parents settled with tho Burlington
for $4,400, in addition to $2,100 paid by tho Bur
lington's relief fund department. Later they sued
tho Union Stock YardB company for reimbursement
for the young man's death. On request of tho com
pany, the trial court directed verdict In Its favor
because tho purents hud already settled with the
ruilroad company for damages suffered by tho son's
death. Tho ruling of the district court, however,
was revorsod b tho supreme court, which held that
the settlement with the Burlington did not discharge
any others from liability; that it would have
done eo had tho sum paid by tho road actually been
full compensation for the loss, but bo long as it
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