
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, March 12, 1990                   TAG: 9003122972
SECTION: EDITORIAL                    PAGE: A8   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Short

LAW PROTECTS RAILROAD WORKERS

AN ARTICLE concerning the Federal Employers' Liability Act, and how it worked in regard to Frank Tuttle, did not do justice to Tuttle, his attorneys or FELA itself.

The article led one to believe that Tuttle's attorney was the main beneficiary. This is not the case. Had the railroad admitted liability and offered Tuttle a fair and just settlement for his accident, no attorney would have been involved. The railroad did not admit to liability until after the litigants were in the courtroom.

The article also led one to believe that Tuttle suffered because of FELA. Tuttle was saved by FELA; the suffering was caused by the railroad's refusal to admit its responsibility.

The railroads don't want trial by jury because they cannot control its actions. Upper management sees it as an unnecessary burden to protect their employees against unsafe working conditions. It was because of this very attitude that FELA was passed by Congress at the turn of the century.

As stated in the article, railroading is now one of the safer occupations. If the railroads are successful in getting FELA abolished, workers will return to conditions that prevailed prior to passage of the act.\ DAVID L. BENSON ROANOKE

by CNB