Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-08-05

ltusolse y Mx RsaDdy, Is y psepw ~ =
Tor dstnG = h. ~ - tbse oesss6en. H
says shas being - Or 50 Hins.es lsse frsm
Conway Junesieu be VS. shssp1ore dosiroaa
70 Dfecssd thas be fsestvsd ns6es fsea
cenducteR - stass; that, though - kSsv II
70 be violation Of the Esies 70 seass sooner
than ne minutes sfte1 another train had
passed. sstll tos rule 10 fSequsssiy sisassed
| In order 70 make up time; thss under the
PROVISIONS Of the rule, be VS. not obliged
70 stop shen h !. ssv The blss lss, q Fist
sst TO run cautiously vhich be ciaims he
dtt ibss vben be arrived u B nles's csu.s
ing he looked q the electric ng1als - his
Guide fssheS than TO The bius Gag, - had
been bis custom; that hey indicated
thss ne track vas clear a7d that
NJ uaan had left the ssatio1 q Kissery
JunciioD, snd for that reason, h proceeded
sish lsss caution than be otherwise would
To our niods, there 10 much force IA these
exensss, snd we're Is rot for the fact hat
without consulting bic watch. he vas. for .
time. running on the time table Of the other
regular pssssrges train, these might be
amps.
Hsd he consulted bis watch, be would
have known for . certainty that train s.
bad not left the station By rule Of the
company IL u provided that mo train shall
Leave rfatiop. without special orders from
the supefinssrdenf, earlier than the time
nsmed In the time liable" So much. there
fore, Of his excuse falls 10 the gfouad.
Rsis 8 Of the company 10 - follows:
"A passenger train following another pas
singer main mast keep rot less than I've
~ minutes. and freight train following
freight train, rot less than ten no. min
uses behind shss which preceded II. unless
time table or special rules n qaire.'
Under the provisions Of this rule, time 10
the essential.
We fnd no rule or part Of rule that
gave him liberty 10 start his train ill after
the other train had been gone 1t least ave
minutes. He vas not then running BY the
time table. True, he says hs had notice
from the conductor TO proceed -this the
conductor admits but he vas not thsreb,
required or sven permitted TO violate the
rule ~ TO following another train.
Rule 81 Of the company provides ths,
Engineers in charge Of trains, or engines
Without trsins, have the same rssponsibili-
ties - conductors and will be governed by
the same rules"
Another rule Of the company We find T.
be - follows:
"A blue fsg or blue light signifies that
. train has gone ahead within Eve minufes,
and the train or engine finding this signal
displayed must run 50 - to avoid any scci
dent
In . former report made by this board,
uoon . similar accident or collision on the
Western Division Of the Boston & MAins
the board in commenting upon . simiia5
rule to that quoted above, said. I'VE canno,
commend rule that leaves it Discretionary
With employees on trains, - to when and to
what extent they shall obey them. All
rules for the movement Of trains, should be-
definite and explicit and consistent with ore
smother, and these should be strictly en-
forced.
We think. II Mr.. Roundy has any justif
cation for running his train on that day as
he did, il 10 mainly owing to the provisions
Of the rule last quoted above. ITO run so
a. to avoid aEy accident" must be to one
who 10 entrusted with that power, matter
Of discretion.
All men are not equally careful or die
Greet. A rule which permits blue Tag to
be passed within Eve minutes OF another
train while on the road, and intrusts ore
With discretionary power "to run 90 IS TO
avoid any accident" implicitly permits
violation CT the rule which requires that
passenger train must keep not lees thar
FIVE 90 minutes behind The one that pre-
ceded it.
We think, too, while we find it to be TO
valid excuse, that the engineer may have
been to some extent deceived by the cleo
trio signals near Buffers crossing.
They Indicated that the track was clear.
1t may be, - stated by Mr.. John W. San
born. who acted IS counsel for the com-
papy in the Investigation, that those sig
malls we're not put up for the purpose Of
giving trains notice Of another train with
in five minutes, or notice that there WAS .
passenger train in the depot at Kittery.'
To our minds 1t 10 Of little consequences
what the object in placing them there may
have been. There 10 no evidence that the
engineer had any knowledge OF the object,
whAtever IL may have been. 1t 10 reason
able 10 presume that his knowledge OF
their use was derived from the printed rule,
- follows;
THE electric signals near Cutters cross.
ing will be regarded - follows; When the
semaphore arm in the signal is seen to be
in q horizontal position, it Is signal of
danger. and trains aud engines will come to
= full stop, and then proceed carefully
around the curve until the track is seen to
be clear.
1.-The semaphore arm standing at an angle
of As degrees. in the signal, denotes that
the track is clear and right for trains and
engines to pass"
That these signals should be used for
protection Of all trains, wherever FROM
while at the depot Of kittery Junction, there
can be little doubt. The board, therefore.
finds that the cause Of the accident was the
carelessness Of the engineer Of train No
so, though to some extent superinduced by
what we deem an imperfect rule and the
regulation - to the use OF the electric sig
malls near Buffers crossing.
Augusta, August 4, 1891.
ID. M. MoRTLAsp, Railroad
A. W WILpEs, Commissioners
Roscoe L. Bowers. Of Maine.
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