Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-04-27

except by permission of the general pas
senger or division superintendent Tn
der no consideration must train or en-
CINE pass the signals without stopping
for orders Rule 60 of said company
provides as follows: Special orders will
be sent in the same words to each train
affected, and will &c sent simultaneously
to each Of the operators who are to receive
it, when practicable, but where 1t is not,
the order will always be sent first to the
train having the right to the road. The
different trains will be addressed in the
order of their superiority or right OF
track, where any exits, and each receiving
office will take only it's proper address. ~
BY the provision of rule No. 9 above
cited, train No. "a, moving west had the
right Of way over all trains moving east.
Under the provisions of the rule last above
quoted this train should have received Or
ders simultaneously with those given to
other trains affected. If such an order
had been sent to No "a the accident
would not and could not have happened
except by reason of its violation by those
to whom it was given. Mr.. Barry the
train dispatcher who was at the time on
duty in his testimony admitted that I'M
der the requirements of the rule, train
No 81 should have been notified of the
crosinG and that he violated the rule by
failing to give such an order, but, at the
same time. he claims that at times, it is
NOT practicable to strictly obey it, espcci-
ally when many crossing ortcrs have to
DO given at or about the same time, and
that on such occaion it has been custom
airy to flag the train having the right of
way at some point, until the trains NOV
ing in the opposite direction had been
given crossing orders. In this last state
ment Mr. Barry is corroborated by Mr..
Hall, assistant superintendent, and former
train dispatcher, also by Mr.. CrOssman,
one of the train dispatchers employed by
the Maine Central Railroad Company.
Mr.. Hall says in his testimony in respect
TO this rule that, "In crossing two trains,
and two trains only, they invariably, or
almost invariably, use tho double order,
as has been explained by Mr.. Crossman;
send to both trains in the same words and
at the same time when they can, which
is nearly always; but when there are
moro than two trains affected they do not
use tho double order because it is cum
bersome When there is one train to
cross two or more trains they commonly
use single orders because it is clearer, less
cum bersome, less liable to cause confu-
sion or mistakes.
1t will be seen that though Mr. Barry
violated the rule, as he admits, he COM
piled with the custom as to its enforce
ment as explained by Mr.. Hall. AS APP
pears, more than one train was to be
crossed by train No. 81 that morning. He
therefore tagged No. Ga at Orono, as was
customary, and gave single orders to
trains Nos 81, 90 and 115. He so far did
what he deemed to be practicable" under
the rule as interpreted by those in author
ity over him. To this extent, therefore,
We think Mr. Barry is blameless
In this connection we deem it proper
to say that we are satisfied that there are
occasions when the rule as laid down
could not reasonably be complied with,
such as Mr.. Hall suggested However, it
may be somewhat questionable whether it
would not have been better to have in
corporated the exception, mentioned by
Mr.. Hall, into the rule itself. However
that may be, the rule as printed seems to
be one OF the standard rules adopted and
in use throughout the country. AS we
have before stated, flags were displayed at
Orono by order of Mr. Barry, the train
dispatcher then on duty at tho office in
Portland, which indicated orders and
which would hold trains at that point,
and as appears, single crossing orders
were given by him to the several trains
that were to cross No. Ga; that shortly
after giving those several orders no was
relieved from duty as train dispatcher by
Mr. Crossman. who, some time between
c. is and A. NJ, assumed the duties at
that office At that time, as was Gus
tomary and duty, Mr.. Barry informed
Mr.. Crosssman of the orders he had given
trains No. 81 and 115, but forgot, as he
says, to mention train No %. He testi-
fed 81 then went to wash up and when
train No ga got along to Orono, he (Mr
Crosman) said No. Ga was at Orono. l
mentioned the order No. 81 had, and that
10 the Bar Harbor tain, had an order
on Ga to cross on Exchange street. Moth
ing further was said He didn't ask me if
that was all the flag was out for, and
said nothing more lt is the dispatcher's
duty to look the book over to see why the
flag is out. He can always rely upon
what the dispatcher says, for the order is
copied in the book; 90 S order was next to
the last order in the book. If the dis
patcher had looked the book over he would
have seen the order This last statement
may be, and doubtless Is, true. If Mr..
Ccossman had examined the order book
he would have seen. rs stated by ME-
Barry, that No 90 had orders 10 c,ts ,
No. Ga at Veazic, as that order was thu
recorded in the book. and thereby wo Il