New-York tribune., 1882-04-08
CENSURING TIE COMPANY.

INQUEST IN THE CASE OF MARIE MENZhN.
THE ACCIDENT DUE 70 THE NEGLIGENCE or
GUARD-THE COMPANY's RULES NOT ENFORCED
The nouest in the case of Marie Menzen, the girl
who was killed a few days ago on the sixth Avenue
Elevated Railroad at the Tweniy-thrd street sta
ton, was held yesterday by Coroner ,iaes Mciih,e,
men. The Jury consisted of the following geutle-
men: Carl Schurz, Jesse Seignan, Oswald Utttn-
dorfcr, Henry Clauscn, Paul G0epel Henry li nave-
meyer. Fritz Bcrringen, L0uis kammerer, eX-nay0r
c. Godfrey Gunthcr l.. BrOckshObcr, Frederick Il.
German and Henry Theobod. The witnesses were
closely questioned by the jnrymfh: En-, ,,1 ybo lives
at No; 1l6 East Observation-Disclosures
testified:
In company with my daughter and Mt Jacobs at,
tempted 10 on the train at the J%ehtyth Street
station Marie had hold of the carraiIng when the tram
EFFORT stop he train. although he witnessed ne entire
occurrence. | turned and tried 10 catch hod oi HS
daughter when she lost her grasp OF the ral n, 10 & io
between the cars The tram dd not stop uli u Hau
got beyond thcNtatlon
Morris Jacobs who was in company with Nh
mony The train started he SAID, before the child
was on board and when both gates were open.
Edward Zahus RE the conductor OF me tram,
testified that he the platform OF the first ear
and did nos see the occurrence. Inc Drakcmen were
supposed TO shut the gates before the train started
but the rule, could not always be carried out during
commission hours, when the thrOng was greatest.
The conductor j. required to step out on the plat
form and look along the train before starting. Ihe
brakeman. Bishop, bore the reputation OF being a
{. 3. Bishop, a brakeman on the train, testified as
follows:
Icalled tho station and then turned my attention to
the pa,-eugers who getting saw the deceased
grl standing on the platform. and did not her at
tempt 10 ge on the train As the train started saw the
child fall between the cars. rang the Dcu 10 stop
There man standing on the front platform wncn
the train tarted He asked If there was no way to stop
the tram. had already rung the bell 10 stop.
Mr.. Mcnzcn recalled and testified that both
gates were open when he got on the train; There
was no one between his child and the platform.
asf me a. n
between himself and the child and pushed hcraside.
He turned to catch Marie and she fell between the
cars In lcaping of the train he was nearly thrown
down. He was certain that the gate was open when
the train was started. He called TO the brakeman
to stop the train. He was carrying some bundles.
The brakeman dd not NJ tnat tilnc nave INC DeI-
When Mr. Jacobs was recalled, he said that he
was certain that both gates were open when he got
on the car. and they were open when he and MIR.
McnZcn left the car.
Coroner Merklc read the rules and regulations of
the COMPANY relative to starting and stopping
trains, and the opening and closing ot the gates OF
the ears.
Mr. Observation-Disclosures steps have the company
taken 10 enforce the rules
Coroner Mer1le--That l leave TO your judgment,
gentlemen OF the jury.
After the medical evidence had been read the
Coroner ravc charge of considerable length.
.Such occurrences he said, will happen again
and again if the company does not provide better
| means 20 secure the safety of the public who
ride on the elevated railroads. The con
duet of some OF the employees has been rude.
More trains cannot be provided during the
commission hours with due regard TO the
safety of the passengers Bnt there have been much
overcrowding and ostling on the part of the pas
scnrers IN their efforts To reach the the trains. Bet
ter precautions can be made By the company. Some
rule should be adopted for the egess and ngrcss of
passengers Those leaving the trains might pass out
by the platforms, ana those entering the trains
by the front platforms.
Dr.. Shinc-Durng the last year the elevated rail
roads have carried s5,OO0O0O passengers and we
have lost only eight. The Hudson River and New
Haven Railroads have lost forty-One passengers,
and vet we do hear the same hue and cry against
them.
The jury then retired and after an absence of an
hour returned with the verdict. After recOunting
the circumstances leading TO the accident 1t says:
We further find that this accident due to the neg
gence Of the middle guard. Christian b. Bishop, who
gave starting signal to the conductor while the gates
OF the platforms we're stIl open, and passengers
passing platform OF the station To the platforms
the further find that the most careful
instructions OF the company to its employees will
valueless unless they enforced with sufficient
vgOr and unless the company careful III the selection
of employees which In the present instance we find
has not been the We desire finally 10 impress
upon the public necessity of being especially careful
in giving precedence children and aged OF inrm
sons when going board elevated railroad trains, III
order d protect them from accidents.