this case are practically the same as were those at Salisbury, England, at the time of the recent disaster in that city.
Now as it seems to me, the all-important facts in these cases do not relate to the nature of the rules, nor even to their non-enforcement, but to the downright neglect of railroad men to do as they are told. For, granted observance of them, all other questions in regard to the rules dissolve into thin air.
Unfortunately, the rules I have quoted and the interpretation put upon them by railroad men cannot be taken as examples standing alone, for they are merely illustrations of a principle that covers the whole cautionary field in our railroads. In some way we have got it into our heads that these rules are permissive, not positive. This permissive principle means the exercise of our own judgment according to circumstances, regardless of the rule. Acting under the influence of this principle, the flagman protects his train to the very letter of the rule when it is manifestly necessary, but when, in his opinion, it is not, he takes chances. In this way he forms a habit of using his own judgment in regard to a positive rule. Sooner or later this means a preventable accident.
The engineman encounters a single torpedo. According to his rules, he should bring his train to a full stop. But as he happens to have a clear track
