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whether had a certain car-stove he specifies upset and ignited a certain train it would have been an act of God ; or that another ScienceDec. demands whether I propose that the railways of this Republic be operated by Mexican law. But in good faith nevertheless will I answer both these questions. Up to the date of the latest of the five accidents I specified no practicable means of heating cars had been invented except car-stoves. Steam-pipes from the engine had indeed been proposed for twenty years but no coupler-joint had been perfected and no means of keeping the steam from cooling sufficient to overcome the extreme coolable surface of a pipe serving long trains in the severe weather of the mountains or the low temperatures of the North Nike Shoes Australia and North-west devised. At present however stimulated in fact by the very casualties I specified at Republic and White River there are certainly three or four of these contrivances which have been tested and found practicable. Therefore had your correspondents stove overturned and partially roasted him he would certainly have been deprived of the opportunity of asserting that he had been roasted by an act of God since the company could have availed itself of that particular progress of Christian Louboutin Outlet applied science which had invented a heating apparatus which in case of accidents would not induce combustion of the train. As to the second question I say. No and Yes. I proposed no Mexican laws for regulation of our own railroads but I did question whether an already well-known rule of law limiting the responsibility of the employer for mental conditions of the employee was entirely without bearing upon a certain state of admitted facts. The common law expressly declares that there are possible conditions of an employees mind which discharge the employer. An employee who in ejecting trespassers becomes vindictive passionate or wilful and on that account employs a surplusage of force so acts at his own and not at his employers peril. I therefore suggested a question whether an entirely unforeseen and instantaneous absence of mind on an employees part was any more within his employers control than a burst of passion.Again: it seems immaterial to my point that different investigators tribunals or commissions may receive different reports of the causes directly forwarding a casualty. A question of precedence between parallel proximate causes is Nike Australia always an Nike Air Max exceedingly nice one. Indeed the only report of a railway accident likely to be substantially unreliable is the newspaper report; and this not necessarily because the newspaper is biassed against the company but simply because newspapers are at the mercy of their reporters precisely as railway Coach Outlet Store Online companies are at the mercy of their employees. The reporter first on the ground takes the impressions of the bystanders and reconciles them somehow out of his inner consciousness. The only persons present who possess the slightest actual knowledge as to the why and wherefore of the catastrophe are the employees of the company and they are silent. They have their duties none the less rigid in case of accident than when all goes well and are at their posts saving life and property and Christian Louboutin Outlet preventing further destruction by signals and have neither the time Coach Outlet Store Online nor the right to instruct reporters; though I may add their silence is always taken as a final Coach Outlet Store Online confession of guilt on the part of the company. Indeed on reading the average American newspaper accounts of railway disasters I have repeatedly found myself exclaiming Why did not this dastardly and murderous company complete the catalogue of its crimes by braining the survivors with crowbars and adding to its ill-gotten wealth by impartially pillaging the dead bodies of all its Nike Air Max 90 victims? I once had occasion to investigate an accident which derailed a way-train throwing it
