New-York tribune., 1903-03-08
JURY ATTACKS COMPANY
BL,4nES TROLLEY, PEOPLE
Also CcnSures Lackd5canna, NeTdrE
Board of Works and Police.


The coroners jury 1T Newark empanelled TO
conduct the inquest into the causes Of and re-
soonsfbllfty for the CIifton-ave. grade crossing
tragedy. in which nine pupils Of the Newark
High School lost their lives on the morning OF
T7ehrusrv 1e. submitted it's verdict yesterday
afternoon The jury handed IN 6 scathing IN
5jctueut in which the main responsibility Tor
the accident was placed on the North Jersey
Street Railway Company. which is charged by
the fury with being responsible for the deatn OF
Er1estius Miller.
The I1ackzvanna Railroad Company is blamed
for hakrant violation Of the ordinances or the
city regulating the running OF trains on steam
railroads through the city.
The Board Of Street and Water Commission
ers and the Police Department Of the city are
made to shoulder large part Of the blame LOT
failing to enforce the ordinances. and for know
insIy permitting the company to disregard such
ordinances,
The +urv calls on the Board CT Works and the
Common Council to revise at once all the orol-
naI1ces of the city relating TO the steam railroads
and to grade crossings and asks all citizens to
demand the abolition Of ali grade crossings. The
verdict is SIS follows:
In the performance Of our duty as indicated in
the charge OF mis- honor, the Chief Justice. ano
C. W Reiln1au coroner we submit the following
as the result Of our investigation:
Of February 19, 1908, vaas passenger on trolley
car No 291 Of the North jersey Street Railway
Company, in the city Of Newark.
At the CIfftou-aves crossing OF the Delaware
Isckawauna and Western Railroad, said car, in
approaching =. comparatively steep decline, was
not controlled by the motorTnan's brakes: broke
through the railroad gates thai had been lowered
across the tracks, and came into colIIslon with
passenger train on said steam railroad. The
death Of Ernesttna Miller was caused by the
This terrible calamity. which has brought sor-
lie for mn = 0T-
diuarv investigation and for the purpose OF find
ing out clearly all the facts and fixing the re-
sponsibiIity, we have had before US many wit
nesses and voluminous testimony The North
Jersey Street Railway Company operates an i'm
rnense trolley system, comprising practically all
lines within the city Of Newark and tne county
Of Essex.
We find its organization to consist OF numer-
Gus officials with clearly defined outes, ara a
code Of rules and regulations in printed pam
phIet form placed in the hands OF each employe
for their direction and guidance In the perform
ance Of their several duties
Notwithstanding this fhoroughness Of organ
ization, we find among the officials and employees
8 disregard Of their seveEal duties. a systemauc
shifting Of responsibility from one to anotner'
and lack OF thoroughness and care for the
public that has convinced US that however care
full practical and elaborate the system may be,
it does not protect the lives and promote the
We ind that the tracks at the grade at Cliff
ton-sve on the morning OF the accident, were
covered with snow and ice 10 the depth OF two
or more incnes. Those who carefully examined
that trace of salt or sand could De founo:
The sand provided for that purpose was found
frozen in the box, and could not be used
We also find this trolley car TO have been
heavily overloaded, not less than one hundred
and twenty passengers being on 1t at the time
il left the OranEe-st. crossing. There were eight,
and possibly ten passengers on the front plat
form at the time Of the collision, which must
necessarily have interfered with the motoTnan
in the performa nee of his duty.
Il Is fair to presume that, had the rules Of the
company prohibiting the OF the front plat
form been enforced, no deaths would nave oc-
CURED in this collision.
We find, further that the trolley company has
not used the most approved methods for safe
guarding the tracks at this point; while they
must have realized that this was one OF the
most dangerous grade crossings in their system
they failed TO install what Is known as the de-
railing appliance. The general manager gave as
the reason for falling to adopt such device that
tbev Eere prevented by the Delaware. Lacka-
wanna and Western Railroad Company: but we
find that such device has been acceptedly used
ct the Bloomfield ave. crossing Of the same rail-
rosd in Montclsir snd for this reason we can
not accept the statement CT the general manager
as satisfactory for leaving unprotected for so
long q time this dangerous crossing.
We find that the employees OF the trolley com
psny were continually disregarding the rules
and regulations that were prescribed for their
guidance, and that the tnfractton of these rules
was clearly known to the head officials Of that
road
sew Street Railway Company were guilty OF neg
liEenca {n the performance or their duties as
common carriers within the city OF Newark and
H
Eveuce we hold this company responsible for the
CoYIfginu and the deaf. OF Ernesttna Miller.
We find that the Delaware, LAcksWanns ana
western Railroad are violating the city orol-
uencee BY the running OF their trains at nuch
EIeber rste Of speed within the city limits than
e. snSrrrf+ted by the ordinances; also, for not
-toS-Jr- ali trains at the Broao-Et crossing, all
~ wFfch are in violation Of such ordinances.
put we feel that these VIOLATIONS cannon De
LeIS "a in any measure contributing directly 10
this dreadful disaster - e... =
we find, further, that the BoarG OF SSreet aIio
xpsfer Commissioners and the Police Depart
rs-7f yyhose duty It Is to care Tor the safety or
+Ee public and the interests OF the city, nave
,-ot reformed their whole duty, tnaSmuch as
sESv have knowingly permitted nagrant VioIa-
tt5sSa ~ many city ordinances, and we Woulo
~sW mon these departments OF our city gov
S-ru,ert 70 promptly insist upon the fun com
vIIsnce sEfth all laws pertaining 10 street anu
TH5iroad tFzh1c.
CONCENTRATIONS.
we would recommend that the Board OF Street
ana water Commissioners cooperate Win ths
eSJTy Council in revising all city ordinances haV-
frFr for their object the regulation OF al steam
and street railway companies operating WlIaln
%E~ ~ffv tie object being that such ordinances
sEcu more nearly conform to the requirements
of cur rapidIy growing city.
srch ordinances should be cleaF sno spSclnc
srS Ieave no doubt CT uncertainty az 70 their
ruesnInR or application, az some are founo 81
present -. -, .t.t-
veEe TncsasinRfy labor for the &bolishnent OF ali
~-sFs ~rosgfnEE. of the ateam railroads within
fhe city limits. Experience Soes 20 prove us
.S-- SCI Se NafN~FsRPNa that Ingenuity