1903] Moore, — Roses vs. Railroads 95 
the loss of foliage made it impossible for a number of plants to recover 
even under the most careful nursing. The bushes which survived 
were much more susceptible to the attack of fungus diseases and it is 
a question whether even those plants which seemed to be but slightly 
affected will ever be able to attain the perfection which they promised 
before being subjected to the fumes of the burning tar. 
When complaint was made to the Railroad Company, they failed 
to appreciate that the roses had been damaged and declined to rec- 
ognize their liability in the matter. Consequently, a suit for $9,000 
was brought, which was subsequently increased to $25,000, Robert 
M. Morse and Henry M. Hutchings appearing for the plaintiffs and 
Thomas C. Day for the defendant. 
It was soon recognized by the attorneys for the plaintiffs that how- 
ever great the actual damage might be and whatever estimate com- 
petent horticulturists might place upon the value of the destroyed 
plants, the first and most necessary point was to establish the injurious 
effect of the smoke and vapor from burning tar upon rose plants and 
to demonstrate further that this effect was distinct from any produced 
by changes in the weather, the use of germicides, attacks of fungi, 
insects, or any other cause which might be put forward by the defen- 
dant. The damage which may be produced in plants by the action of 
sulphurous and carbolic acids, pyradins and other substances apt to 
be found in tar, is well known. Gardeners know to their cost the 
result of burning sulphur instead of merely vaporizing it, when 
attempting to fumigate greenhouses and the effect of a crystal of 
carbolic acid on a rose leaf is a simple yet convincing demonstra- 
tion of the rapidity with which the plant is affected. It has been 
shown by careful experiments that one part of sulphurous acid in one 
million parts of air is sufficient to cause the death of an average rose- 
bush in a few hours and the action of the various hydrocarbons is 
but little less severe. An analysis of pieces of the tar roofing was 
made by Dr. A. H. Gill of the Institute of Technology and showed 
the presence of sulphur, phenols and other substances which, if 
burned, would generate poisonous vapors in sufficient quantity to 
damage or destroy any plant with which they remained in contact. 
A microscopical examination of the discolored leaves and stems from 
Mr. Walsh’s roses showed very clearly that the killing action had been 
due to a poisonous gas rather than to the presence of a fungus or 
other foreign organism. The contents of the cells were shrunken 
