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Treasury Department
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Second Auditors Office
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October 4, 1862
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Hon. G. W. Randolph |
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Secretary of War
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| Sir, |
| I have the honor herewith to
return the claim of the Nashville & Chattanooga R R Co for hire of
Engines, Cars and Employees, and for damages to Engines and Cars;
which claim you referred to me on the 26th ultimo "for opinion as
to the equity and legality of the claims." |
| As there seems to be no doubt
of the liability of the Government for the hire of Engines, Cars and
Employees, I presume that you desire an opinion only with respect to
the charges for "damages" amounting to $732.55. |
| The amount charged for injury
to smoke stacks of Engines in passing through tunnels ($172.72) is not
in my opinion a case "Sounding in damage" and might be
allowed. The Engines &c were taken to be run over a road for which
they were not built, and to which they were not adapted, whose tunnels
&c were two contracted to admit of easy passage, and injury
resulted. And so I think of the injury to the seats, and lumber taken
by the Soldiers ($39.00); the nature of the transaction would seem to
impose upon the Government the obligation to return the property in
the same condition as when taken, or pay for any detriment it may have
sustained not due to the act, fault or negligence of the owner. And I
would say the same of the injuries sustained by collision ($520.83)
upon proof that this Company were in no wise responsible for the
accident, which they certainly would not be, if in parting with their
Engines and Cars to go upon another road, they surrendered them to the
control of the officers of that road. But if, as the statement of Qr.
Mr. Stevenson seems to imply, their own officers accompanied and
controlled the movements of the trains, I think it should be shown
that the collision did ntot result from any fault or negligence on
their part. |
| Very Respectfully |
| Your obt svt |
| W. ??? Baylor |
| Auditor |
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