The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-02-06
CRIMINAL NEGLIGENCE
Verdict Of the Coroner's
jury on Poor Dan
Dinan's Death.
TO GO TO THE GRAND JURY,
Reckless Speed of Trains in the
City-A FIagman's
Story.

The inquest into the death Of Daniel
Dinan, the driver of No. 3 Eugine whe
was so shockingly maugled at the Barrow
street crossing Of the Pennsylvania Rail-
road. was conducted last night. Coroner
Parslow aud twelve jurors sitting at
Roche's Hall found that the railroad
company was grossly negligent. and
verdict to that effect was rendered. The
testimony being concluded the jury re-
tired After being out about fifteen
minutes. they brought in the following
presentment:-
Intersection Of Barrow street Of the Fenn<yl
vania Railroad tracks said Daniel Dinan being
then and there performing hIs duty as the driver
spouse to an alarm Of fire. and then and there
driving and directing the said horses and exer-
cising care 70 conduct the same fire engine. Was
struck BY a locomotive controlled and managed
by the Pennsylvania Railroad Company. It's SER
wants and employees then and there running AZ
an lnordinately high rate Of speed from which
striking be came 70 his DEATH aud the jury finds
that his death is primarily attributable to the
gross negligence OF the PennsyiEanla Railroad
Company 10 the management Of its LOCOMOTIVES
rate Of speed which excludes the supposition Of
any care at all, and forces the belief Of negll-
genes Of such grossness to attain the eni-
nsncs Of criminaiity-
SUPPLEMENTARY cEEsURE.
The jury also presented the following
open letter to the Coroner
To william ". Parslolc coronsr:-
In returning TO you the inquisitlon IN the mat
ter Of the death Of Daniel Oman. wherein our
aaSss sss ss Are AZ. L
road Company In running its trains through this
large city al level crossing AT speed which
evidences an utter heedlessness Of the lives and
limbs Of the people who, from necessity or con-
venience. pass over such crossings. Is so highly
reprehenSble that the criminal law should Do
evoked to stay its death dealing blows, and We
trust that you will take appropriate action TO
bring the facts OF this lauleutable Occurrences to
the notice q the Grand Jury now sitting in sueh
eide In manner which will be efiicaeious In a
measure to prevent its recurrence
The coroner. after thanking Consfabis
Mc(1rath for securing such al Intelligent
jury. said that he would comply with the
request of the letter and lay the facts OF
early as possible.
The members Of the jury refused to ac-
cept the customary fee for jury duty. and
asked the Coroner TO forward the fees to
the widow Of the dead fireman.
THE EVIDENCE.
The evidence taken during the final
hearing added little 70 the facts already
ascertRined- Clarence r. Cole. Of Rah-
way, the fireman on the engine which
struck DinAn, testified that his train. No.
732. was late leaving Waveriy. Some
men were to be let OF at Jersey avenue
or Barrow street and the air brake
was put on at Jersey avenue. When the
train was at Jersey avenue he thought
that the speed was about eighteen miles
an hour, but when the air brake was put
on and Barrow street was reached the
speed had diminished TO about fourteen
miles an hour. At the Barrow street
crossing he felt a jar and saw horse
tossed on his side Of the engine. He
could not see the southern approach to
the track from his side Of the cab. When
the train stopped at Newark avenue he
took a torch and examined it. Then he
took the train into the depot. There
were 10 orders as far as ne knew limiting
the speed of trains IN the city limits
Bernard Luckman, of No 365 Varick
street, a one armed gateman. said be had
been a gateman al. the Barrow strees
crossing for twenty-five years. At the
time OF the accident he looked down Bar
row street and near Wayne street saw
two horses coming toward the track.
That was all that he could see. He swung
his lantern parallel with the track, which
is signal TO stop. The horses kept com
ing ahead. Then he saw it was fire en-
gine, and 'sholIeredn for the driver TO !,
stop. But the horses came right ahead,
and the train was bearing down.
Then he got ont in the
street. and yelled - For Gods
sake. viii you stop those horsesS The
driver whipped them up instead. He
stood right on the track then, swim ging
his lamp, but the horses came right
ahead and he had to jump out of the way
10 save his life. Then there was crash.
The horses went on the other side and
the engine on his side. He did not see
the driver.
TWELVE HOURS on GUARD
In answer 10 questions by the jary the
witness stated tnat he worked from seven
in the morning until seven at night aud
that there was another man besides hinl-
self at the crossing on the night Of the
accident In his twenty-five years ex-
perienee a wagon had never been struck
AE his crossing
Joseph burns, the other fagman. gave
similar testimony. A couple Of railway
employees gave unlmportant testimony
regarding the speed OF the train