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Richmond Va. Sept 26th 1862
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| This is a case where the Louisville &
Nashville Rail Road company had not sufficient machinery to carry
forward the Troops and supplys of the army from Nashville to Bowling
Green Ky as fast as Genl Johnson required. To supply this deficiency
Capt Brantford transportation Quarter Master required of the Nashville
& Chattanooga RR to furnish seven locomotives and firemen engine
runners & Break men for eight trains and sixty six cars (66). |
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This machinery and outfit was by agreement charged for at
the actual cost to the Rail Road Company and no profit charged.
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| This machinery was put into the hands of
Capt Brantford & by him delivered to the Louisville &
Nashville RR. The Bridges & Tunnels on the latter Road are lower
then on the N&C RR Consequently the smoke stacks of the engines
were torn off our engines both in going and returning the repairs of
which is charged. |
| There was a collision on the L&N Road
in which the machinery was damaged which is also charged for all
together making up the seven hundred and twenty two 55/100 dollars
which sum is actually cash to make the machinery as good as when the
government received it. |
| The account was made out after the terms
had been agreed upon between Capt Brantford QMr & ??? RRoad to all
of which Capt Bransford has fully certified as quartermaster There
were sixty six cars and sufficient Locomotives to draw forty more
furnished in this ca??, allowing only forty passengers to the car the
sixty six cars carried 2640 passengers which at the half rate of two
cents per mile for the seventy miles from Nashville to Bowling Green
would amount to 3320$ When the whole charge agreed and certified to by
Capt. Bransford including the damage & all is eleven hundred and
seventy four 60/100 dollars. |
| The rule is that when hired property is
damaged the cost of making it whole is paid by the party hiring it
even at the usual profits to the party leting. |
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I certify on honor to the correctness of the above
statement. |
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W. Stevenson QM |
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| It is the universal rule that
all machinery whether their own or hired must run under the rules of
the ordering of the superintendent of the road on which the machinery
being used in running other wise constant collision & confusion
would occur. No road therefore would permit the machinery of another
to be brought and run under any but the supt of the road responsible
for results. In this case ??? QM Branford made the contract for the
cars &c and a very ??? ??? for settled this a/c at over ?????
certified to this aim or which I paid the same. The government hiring
most forcefully represented by him. |
| Most respectfully submitted |
| W. Stevenson |
| QM |
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Treasury Department
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Second Auditors Officer
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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,
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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 claims you
referred to me on the 26th ultimo "for opinion or to the equity
and legality of the claim."
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It then 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.
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The amount charges for injury to smoke stacks of Engines
in passing through tunnels ($172.72) is not in my opinion a case
"Sounding in damages" 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 too
constricted 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 owners. And I would say
the same of the injuries sustained by collision ($520.83) upon proof
that their 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 not result from any fault or negligence on
their part.
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Very Respectfully
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Your Obt Svt.
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??? Taylor
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Auditor
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