Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1886-07-06

The A. & w. IL. Il. 70. anu OUTFITS.
On the Petition of the Virginia Midland
Railway Company against proceeds in
hands of Receiver of Alexandria and Wash.
ington Railroad, for damages from collision
of trains.
OPINION OF THE COURT.
HUGHES, J.
On the night of the 10Th of February,
1885, at about 1890 p. m, collision or rail-.
road trains occurred on the Alexandra anu
Washington Railroad, which caused the
loss of Several lives and much damage to
property. It occurred just north of the
auueduct of the Alexandria and George
town Canal, near the Four. mile run, above
the entrance of that stream into the Poto-
mac river. The trains which came into COL
lision were northern-bound passenger
train of the Virginia Midland Railway Com
pany and q southern-bound freight train OF
the Alexandria and Fredericksburg Rail-
road Company.
The railroad on which the accident hap
pened belongs to the Alexandria and Wash
ington Railroad Company; and extends
from Alexandria to the south end of the
Long Bridge which spans the Potomac south
of Washington city. This Alexandria and
Washington company is bankrupt 1t has
no trains, no engines, no cars, no personal
property whatever, except few la6orers'
tools. All its property is in sequestration by
this court, in the suit in which this petition is
filed, and is, and was at the time of the COL
lision under consideration, in the custody OF
a receiver appointed by this court.
The railroad of the Virginia Midland
COMPANY, coming north from Lynchburg
and Charlottesville, terminates at Alexan-
dria; but its passenger trains and engines
are run on to Washington in the manage
ment of its own officers, under contract
with the Alexandria and Fredericksburg
Railway Company, which authorizes the
latter company TO put on the passenger
trains at Alexandria D conductor OF its own;
called, by way of distinguishing him from
the ordinary conductor, pilot"
This Alexandria and Fredericksburg
Company owns the road which extends
from Alexandria, some thirty miles south.
ward to Quantico, on the Potomac and it
operates the whole line from Washington
city to Quantico.
This company runs its own passenger and
freight trains and engines between Wash.
ington and Quantico, from which latter
place the Atlantic Coast Line OF railroad con-
tinues indefinitely southwark. In running
its trains between the two points first dcsig-
uaU6u, lulS hlcbdutlld ttuo IiOoSAiShooN'5
Company not only used its own road, but
used also the Alexandria and Washington
Railroad to the south end of Long Bridge,
and the track OF the Baltimore and Potomac
Railroad Company, from the south end OF
the bridge to Sixth street in Washington
city.
The Baltimore and Potomac Railroad
Company owns the road and bridge from
the southern bank of the Potomac, through
Washington city, to Baltimore. There is
common ownership of the majority of the
shares of the capital stock of the Alexandria
and Fredericksburg, the Alexandria and
Washington, and the Baltimore and Poto-
mac mpapies which majority of
shares are owned or controlled by
the Pennsylvania Railroad Company.
Several of the superior officers of
the Alexandria and Fredericksburg compa-
nv, are common to that, and to the Balti-
more and Potomac and the Alexandria and
Washington companies; and one of these
superior officers, Mr.. George c. Wilkins, is
receiver, Ivy appointment of this court, Of
the A. &. w. railroad. 1t seems that the
running of the trains of the Alexandria
and Fredericksburg company, though i'm
mediately directed by dispatching master
and other officers stationed at Washington,
is controlled by superior officers in Batl-
more. Mr.. Wilkins, the Receiver of this
court, though high officer in the railroad
system that has been described, had no i'm
mediate agency or control in the actual run
ming of the trains Of the Baltimore and Po-
tomac and Alexandria and Fredericksburg
companies, at the time of the collision under
consideration.
AS before said the Alexandria and Fred.
ericksburg Co. owns and operates all the pas
seneer and freight trains and engines OF the
entire line between Washington city and
Ouautico; and it employs and pays all the
officers and hands of those trains; and re-
REEVES from the Alexandria and Washing
~. railroad an allowance (agreed upon) for
wages. -
.h ~ . Tas - virtue of contract between
lnls AZ, haeH ian M; and Fredericksburg compa-
ny, Ina' Ine Mio,-d company ran its pas
senger tralos Det,.2en Alexandria and
in question. 1t was solelySv virtue of its
contract with the Alexandsa and Fred
ericksburg company that the ti.;ns of the
Midland company were run over TIA track
between Alexandria and Washingt., on
that occasion. 1t was not by authority Of
any contract between the Midland company
duu CuO lCCClfCl VI luC x1lCAuuulIu auu
Washington road that the former company
| ran its trains over that road. It's authority
to run them was derived from the A. & +.
COMPANY: and it Woo with train of this
Alexandria and Fredericksburg company
that the petitioners train came into COLI
sion on the night of the 10th February. 1855,
1t is conceded that the accident did not
occur from any defect in the track Of the
railroad between Alexandria and the south
end of the Long Bridge; or from any defect
in its siding, switches, platforms, rails, or
even the automatic electric signals at the
aqueduct or from any fault or negligence
on the part of the employees of the Receiver
who were in attendance upon and supervis.
ion Of the track, switches, lights, &c, of the
Alexandria and Washington Railroad. 1t
is conceded that the accident was caused by
some fault or mistake in the running of one
or the other, or both, of the trains which
came into collision.
The mere statement of the facts which
have thus been recounted seems to me, ipso
f.,to - okoh liob tho cnnnlI1cion thof tho