Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1893-06-22
THE RAILROAD WORLD.

In the matter of the derailment OF
the Central Vermont railroad at Rox.
bury, May 31st, 1898, resulting fatal
" to Engineer Orrin Il. Kirk of St. AL
bans, the Board of Railroad Commits
sioners has decided:
The Board, in this case, as in some
others that it has been called upon tC
investigate before, finds that this fata
accident was the result of the careless.
ness and neglect of duty, not of one,
but of several. either of whom, duly
observing the well-known rules of the
service or properly discharging the
personal trust and responsibility as
sumed by himself, would have prevent
ed all Of the sad consequences which
resulted.
nu,c &c Ct lie rll,s AID regulations
Of the Train Department of the Central
Vermont Railroad, provides as follows,
viz:
Conductors win be held responsible
for the proper position and security of
the switches charged by them or any
man employed on their train. When
ever trainmen have occasion to open
main line switches, the man opening
the switch must remain and close it,
and know, personally, that the main
line is made perfectly secure after the
trains for which the switch is opened
have passed, either TO the side track or
main line. No excuse will be accepted
fos any omission to comply with this
rule
The Board finds that Conductor Fra
zier is at fault for allowing his train to
pass on, after using this switch, until
it was closed and made perfectly secure
for main line trains from either direc-
ton.
| Brakeman Shaw, of train No. 10,
who turned the switch for his train to
pass out, was relieved OF bis literal du-
ty under this rule by his engineer and
conductor, whose arrangement with
Conductor Shannon made II necessary
tor him to 90 forward with his train or
be left behind. Shaw cannot be blamed.
He was subject to the orders of his
train conductor.
Conductor Shannon, of the extra
freight train, cannot be held blameless
for this accident. He took upon him.
self, voluntarily, duty and grave
responsibility which the rules of the
service imposed upon Frazier. He sent
Shepard to perform that duty and
risked his judgment and skill to do it
safely, without watching or taking
any notice of his manner of doing this
most delicate duty in the interest Of the
safety of life and property in the SER
vice. Shannon could, at least, have
looked to see if the green light was dis
played from the switch target, and he
was neglectful of his plain duty in not
doing so, as he was about to start his
train for the North. If he had looked
he would have seen the red light, tell
ing him that the switch was wrong.
Shepard's heedlessness in the fatal
blunder of working the wrong switch
instead of the right one, was the inn
mediate cause oHEngineer Kinks death,
and the only palliating circumstance
which the Board can discover in re-
spect to his conduct, is found in the
fact--apparent upon days associa-
ton with, and careful examination
and analysis of his capacity and expe-
rience for trusting such duties to him,
that he is not now competent for it,
and he has not the intelligent capabili-
ty adequate TO become trainman fit
for this class of service.
The Board is reluctant to criticise
the action of one who is not here to
give his account of the part he took in
the movement of his train up to the
time of its derailment, yet it becomes
its duty to report the fact that the dan.
ger signal, showing the red light, must
have been plainly visible from the en-
gireer's seat for the last sixty rods be-
fore it was reached.
Rule Ii of the code of rules above
cited, reads as follows, viz: ''The en-
gineer must direct his eye to the switch
target as soon as it is IN view, and be
prepared to stop should it prove to be
wrong. He will be held accountable
Ior running his engine or train off
switch"
Engineer Kirk might be able to give
explanation of his non-dis-
,overy OF the misplaced switch, were
he alive, and the Board forbears to as
ume that he would not do so.