The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-18
FRACTION co. CHNSURED
Coroner's Jury Says Tenders
Might Have Saved Frank
O'Brien's Life.

An inquest to determine the RESPONSE
bility for the death of six-year-old Frank
O'Brien, Who died from injuries re-
eeived by being run over by a trolley
car on York street, neal Washington,
last Monday, was held in Roche's Hall
last night by Coroner Anthony J.. volk
and a jury. Counsellor Max T.. Rosen-
berg was present in the interest of the
Consolidated Traction Company, and
Counsellor Carey represented the family
of the deceased boy.
The evidence produced by the witnesses
showed that the boy was stealing a ride
on an ice wagon. and jumped off direct
ly in front of the car. There were no fen
ders upon the car or perhaps the boys
life might have been spared. John Gra-
dy, nine years old, of No. 125 York
street, testified that he was on the wagon
with O'Brieng The driver of the ice
wagon came around to the rear of the
wagon and hit him with his whip, which.
made him yell. This scared frankie .
said the witness, and he jumped off in
front of the car, and was struck by it.
/ staid on the ice wagon. 1 did not hear
any bell ring"
Thomas Fahey, the motorman, was
called, but as he is under arrest, Law
yer Rosenberg would not allow him to
testify. John Hanley was the next wit
ness. He said:-"I was the regular mo-
torman of the car. Fahey was being
broken in. We left the depot at Bergen
avenue at 2:30 o'clock, and got to the
Academy of Music at 2:45, stopped to
let Pavonia avenue car get ahead of us,
and followed it down York street, going
slowly. The ice wagon was coming up
York street. / don't know whether the
driver of the wagon yelled or not. Saw
the boy jump off directly in front of
the car which was not more than seven
feet away, The footboard of the car
wheels. Fahey stopped the car within
fifteen feet l jumped off. The boy was
under the rear wheels, There was no
warning whatever to stop the car"
In reply to questions ~propounded by
the jurymen, witness said that there
were no tenders on the car, but was
nave saved the boy. He believed that
Fahy had had experience enough to run
the car, and was positive that the bell
was being rung.
running slowly and the bell was being
rung. He lifted the boy from under the
car and carried him over to Laird's drug
store. James j. Pagan, who was on the
ice wagon. was a very unwilling witness,
evidently being afraid that he would be
implicated in the death. He was sitting
on the front of the wagon, but was not
driving. He never drove the horses. The
boys were told to get off the Wagon sew
eral times. He told them himself. He
heard a scream, but did not notice the
car. He never noticed trolley cars or
anything else when he was on the wagon
He finally admitted that he was holding
the renis at the time, and the horses
were walking, but he was not driving.
When asked why he whipped up the
horses n drove rapidly away after
the accident, he replied that the driver
was scared to DEATH" and u grew
white as q sheet"
THE COMPANY BLAMED.
Marcus Pritchard, driver of the ice
wagon, swore that the two boys got on
the wagon at the dock. He drove them
off several times, but they persisted in
getting on again. Just previous to the
accident, he jumped off his seat and ran
around to the rear of the wagon. The
big boy saw him and yelled, which caus-
ed O'Brien to jump off.
HE jumped off right in front of the
car. l saw him struck and turned my
head away. / did not hit either of the
boys with the whip. / did not see ear
nor hear bell ringing"
Other testimony was given BY James
Burns. Mrs. Calverey. George Johnson,
Jacob Soney and James Arkens. after
Which the case was given to the jury,
who found the following verdiet:-"We
find that Frank O'Brien came to. his
death by being run over by a car of the
Consolidated Traction Company on Mon
day, August 10. 1894, and are of the opiu-
ion that had the car been provided with
tenders, he would not have been killed.
We Therefore hold the Consolidated
Traction Company responsible for his
death, and exonorate the motorman,
Thomas F&hy from all the blame"