The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-02-28
STATE OF VEMONT.
In Board of Railroad Commissioners.

BRANDON, February 18th, 1889.
In the matter of the fatal accident to
John Jepsou on the Fltchburg Railroad,
near Pownal station, November 22l,
1883.
This accident was duly reported tothe
Board, then 70 lowed an inquiry by one
member of the Board, resulting in con
Guiding that the case called fora formal
examination and hearing, and such hear
ing was ordered for January 10Th, 1880,
at Pownal station, at nine o'clock A. NJ. 4,
and notice thereof was given to the
Fitchburg Railroad Company and to the
States Attorney Of Bennington County;
and at the time and place named the
Commissioners were attended by repre-
sentatives of said railroad company and
by said States Attorney; and such wit
nesses were present as inquiry and prior
information disclosed.
The accident occurred at a highway,
grade crossing about one-half mile
West OF Pownal sta ion, on the % day
of November, 1888, at about seven O'Clock
and twenty minutes in the morning, re
sulting fatally to John Jepson, lad of
fourteen years of age, by being struck at
said crossing by west bound through
freight train. From the evidence taken
at tile hearing, on examination of the
place where the accident occurred and a
careful consideration of the matter, il
appeared that the boy, John Jepson, at
and prior to the accident lived with and
was member of the family of one Dan
iel I, Bates, who lives near the crossing,
in question and at the time OF the &C
cident was engaged in driving nine cows
over this crossing from South to North;
that he was a ahead of all or a portion
OF the cows until six of the nine had
passed over the track. when it would
seem that he discovered the approach
ing train, and ran back over the track
In an effort to head off the 9th three
cows, and passed safely over to the
South side of the track before the train
reached the crossing; that at this point
OF time, one of the three COWS made a
push to join the Fix cows that bad pas
sed over the track. and, in an effort to
prevent this, the boy was struck by the
engine and killed. The COW was also
struck and killed.
The train was running at about fifteen
miles an hour when 1t arrived at the
place of the accident. IL was light and
clear at the time Of the acciden, and the
approaching train was in plain view at
this crossing, and on either side of il,
at any point along the highway for ten
rods or more, for a distance of from
eighty to one hundred rods.
There was conflicting evidence as to
whether the required signal was given
at the proper di-tance eighty rods) to
the East of this crossing, but it was I'M
disputed that such signal was given at
a point from twenty to forty rods from
the crossing. This undisputed warning
wac in time to have avoided The accident
had it been Needed.
From all the evidenC G, the Board is not
satisfied that the accident was not direct
ly or remotely caused by any careless
ness or neglect on the part of the rail-
road company or any of its servants, but
docs conclude and find that il was caused
by the excitement of this unfortunate
boy in his over Jealous effort to save the
COW. BY the Board.
ALFRED +. WATSON, CLERK,
The foregoing is a true copy of the
original report in this case
Attest.
ALFRED E, WATSON CLERK.