Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1890-01-03
want Of repair In tracks, bridge structures
Or rolling stock Of any railroad.
ACCIDENT At x,xanAx.

I
On the twenty. third day Of March. 1889,
on the European North American division
Of the Maine Central Railroad. near Boyd's
Mile in the town Of Kinsman, . fatal acct
dent occurred 70 . passenger train. In
which william ID. Mudsrtt Of Dexter and
John Campbell Of st. John. N. B., mail
asents. and Harry Goodwin Of Bangor.
fireman, lost their lives, and othsrs were
seriously injured.
An examination Of the locality ard an In
vestigation wAs made hy the board in con-
nection With . coroner's jury. at Kingman.
on the 9Th day Of March, 1889. At said
investsa CATION it appeared from the evidence
addsced, that on the morning Of the acci-
dent. freight train left Mattawamkeas for
Vanceboro In charge Of conductor Frank
W. Hammond. At . quarter before seven
o'clock. being fifteen minutes later than
the resulN time for starting; that before
leaving MAttawamkeag, truck frame for
. freight car Was attached to the rear end
Of such train, to be hauled TO the siding or
spur track ct Boyd's Mile In said k.nsman
to be placed under . certain car there be.
ing repaired; said car frame being in
charge Of William II. Bither . car inspect
or and repairer. who together with enc
Milton Scott, . car carpenter both In the
employ Of said railroad company, took pas
sage on said train at Malta amkeag. which
arrived Of the siding above named at about
eight o'clock. when. after doine some shift
ing OF said said siding or spur. the truck
ame Aforesaid vas unshacklsd and left by
lhe conductor on the main line, In charge
Of said Bither, Who, having = key to the
switch lock. was ~ appears. permitted. and ~
testified 10 by Mr.. Hammond, and admitted
BY Bilher, instructed ito see that all was
right after he put the truck frame on the
sidins"; that the train aforesaid then pro
ceeded toward Vanceboro; that, A. testified
TO by Hammond. before going out Of sight Of
said switch he cav said frame moved upon
the siding. but did not see the switch
thrown back.
The passenger train from Bangor. in
charge Of Conductor +. c. Chase. running
al speed Of nearly thirty miIes an hour,
arrived at said siding at about 3 so O'Clock
A. NJ. and there left the main line and run
In on said siding or spur and into certain
freight or fat cars there standing. some of
which, ~ sppears, were loaded with hay.
BY reason Of the collision the locomotive,
two mail and baggage cars and . Pullman
sleeping or parlor car were thrown from
the track over an embankment and crushed
together with the hay cars aforesaid. all of
which were set on fire by the locomotive
and car stoves therein and quickly con.
sumed. thus causing the death of the per-
sons above mentioned a. well 10 the de
struc,ion Of much property.
From the examination Of the premises
and from all the evidence ELECTED at said
hearing. We were and are fully convinced
that the accident WAS caused by the mir
placement of the switch by Mr. Bither. the
person left in charge of came, notwith-
standing the fact that there was some tes,i-
mony tending to show that the switch had
been tampered with by some person un-
known after being set by Bither.
From the view this board takes Of the
matter. it 10 of little consequence whether
this switch WAS or Was not locked on this
particular occasion. All, who are HcQuaint-
ed with the manner Of construction Of such
switches, know that whenever the switch 10
thrown and the bar or handle placed in the
slot made for that purpose. whether set
upon the main line or side track, il will re-
main and held the rails firmly In place,
whether the same be locked or not, provid
ed 10 10 not afterwards msddled with. The
province 0f the lock 10 not to control the
movement Of the rails In any way /; but to
rrevent meddling with the switch after 1t
has been set. There was no evidence tend
ing to show that any one meddled with the
switch after it Was set BY Bither; neither
was there much Of any opportunity for any
one to do so. Therefore II the switch had
been properly set, 1t would have so re-
mained, whether locked or not. While we
And that = ant of care IN the mart of this
man Bi,her was the immediate cause Of the
accident, IL 10 by Law our duty to go further
and inquire what other act or acts, II any,
Of other persons, contributed to or In any
way led up to the Anal result.
Did Conductor Hammond do his duty in
the premises1 Rule l44. issued by the
Maine Central Railroad Company to en-
plOyes, 10 as follows: "Whoevrr throws 4
switch on = eide track must see 1t back on
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