Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1889-10-02
IceNsuRlNe THE 8. q Q. RAILROAD.


Verdict of the Jury Ia she Case of Ed
ward Lyle.
The corousTs jury Investigating the
death of Edward Lyle, who was killed on
the Baltimore and Ohio railroad last Sat
urday afternoon, by collision bet ween
passenger train No. 211 and coal train
No. %, met at the coroner's Office last
evening.
The first witness, Hiram K. Hartman.
assistant dispatcher of the Baltimore and
Ohio railroad testified that dispatcher
gives all orders for special trains under
the supposition that the tracks are clear
and schedule trains on time. No. 81
train should have waited at w. Il N.
junction until the men in charge of it
knew that the track was clear. The or
ders TO run special are good for any hour
of the day, but must run according TO
the book OF rules, which says, avoid
the time Of schedule trains.
J. W. Cooper, engineer of the coal
train. was recalled. He testified that he
followed the instructions about running
extra trains on Saturday When a dis.
pateher gives orders they are to be obeyed
and we have no discretion in regard to
them. II we have any suspicious that
to ask in regard to them.
9. J. Buckley, telegraph operator at
East Junction, B & o. railroad, was
called He was shown copy of the
order sent Engineer Cooper and said ID
was correct copy An engineer or con
ductor Of Ell extra train would be re
quired to obey the book of rules, which
says, avoid the time of all schedule
fs4 Int go -
book of rules, to come and ask whether
the track is clear Of all regular trains.
Z. Houston, train dispatcher W. &
N Junction said: 1--WE are under no
obligation to give information TO 3. 4 O.
employees and are forbidden to give any.
They did not come to him for informa.
ton last Saturday"
A 9. McCausland, superintendent Of
the Wilmington and Northern Railroad
Company, was then called. He said
These is an interchange of all kinds OF
traffic between Baltimore and Ohio and
the Wilmington and Northern Companies
at the junction. Our operators are posi-
lively forbidden to give any information
about moving trains On the Baltimore
and Ohio. They will send any written
dispatches and deliver all replies which
are sent to or from the Philadelphia
offices. This is all they are allowed to
do"
J. E. Sperry Of No. 1926 Van Buren,
street, trainmaster of the Baltimore anc
Ohio Company, said; THE FIRST duty Of
the engineer or conductor OF an extra
train is to find out whether all trains
having the right Of way are gone. II
the engineer and conductor had carried
out the rules Of the company il would
have been impossible for the accident t.
have happened. They had three ways in
which TO avoid this accident They
could have held their train at the juno
ton until No. 211 passed They could
have gone to the W. & n. telegraph
office, or having decided, which they did
to follow No. PA in, they should hav,
sent fagman with that train and that
would have held all other trains unit
they had been reported at the West
Yard.
Conductor Carroll OF the coal train, wa
recalled and asked the question "WheT
ordered to take this train to the Yves
Yard was there any restriction placed OF
your"
mo sir"
What was your impression about tn
late trainT'
Supposed the train was out and tina
we had got out too late to see it pass.
The jury then agreed upon the follow
ing, which was entered on the minutes
THE jury in the case Of Edward Lyle
who was killed by negligence on the par
/ of the B. & o. railroad and employees Of
September %, between East Junction
and West Yard would unanimouslr
agree to the following verdict after hear
ing all the testimony in the case, Tha
the said Edward Lyle came to his deatl
through gross negligence on the part o
the said company We will exonerat,
from all blame and responsibility tn,
conductors and engineers and traiI
hands Of trains No. 81 and 211 respect
lively"
On the printed form the following yer
dict was written and signed by the Jury
men: THAI the said Edward Lyle came
to his death through negligence of tn,
B. 4 0. railroad and its employees"
The Morning News publishes this yer
dict: THAT Edward Lyle came to biz
death in collision between coal trair
No. ~ aud passenger train No oil OF
September %, between the hours of / anC
2 clock p. N. and that in the opinion o.
this jury he came to his death through
the negligence of the train dispatcher
\ his assistant or assistants"