The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-15
A RESTS ON BYERS.
CONCLUDED FROM First PAGI

CONCLUDED FROM FIRST PAGE)
m. on the 31st day OF October, 1903. There
was at the time OF said collision an ordi-
nance OF the city of Indianapolis in full
force, providing that engines and cars
should not be run in and through said city
at a rate or speed greater than four miles
an hour, and l. find that both said trains
were being run at, and for some time before
said COLLISION. along said railroad at a speed
greatly in excess of the rate prescribed by
said ordinance. Said switch engine was be-
ing run at a rate of speed OF about nine
miles an hour and said extra passenger
train was being run at a rate of speed at or
about thirty miles an hour.
"One OF the rules of said railroad, special
rule No. %. which was in force on said date
and for some time prior thereto, provided
that trains not scheduled, when permitted
TO run between North Indianapolis and
shops, must keep under control. expecting
to md track occupied by yard engines. The
evidence shows that said extra passenger
train was not at said time being run under
control. and with within the limits pre-
scriDed by said rule. But / further find
that the train orders which were given to
the engineer and conductor on said extra
passenger train, and under which orders
said extra train was being run, fixed the
time for the arrival OF said extra train at
North indianapolis, North street and the
Union Station, in said city, and in order to
carry out said orders it was necessary to
run said extra train at a high rate of
speed.
CREW OF SPECIAL ENUMERATED.
~ a cccA bLc CuSlOiu Ait pTdCllCt u IL
said railroad company and it's officials to
protect all extra trains between said North
Indianapolis and said Union Station by the
chief train dispatcher of said company, B.
c. Byers, located at Kankakee. ILL.,. notify
ing John Q. Hicks, the general yardmaster
of said company of Indianapolis, Ind, and
all yard and switching crews were notified
from the office of said John Q. Hicks of the
time when said trains would be between
said North Indianapolis and said Union
were required at such time to keep their
engines and cars off the main track of
said railroad company, including the place
where said collision occurred, and under
this custom and practice 1 find that the
engineer, William H. Shumaker, and con-
ductor, r. M. johnson, of said extra pas
believing that the said track of said rail-
road company would be kept clear for their
train, and that the train would be protected
against all switch and yard engines and
cars. On said date there were two extra
passenger trains, Nos. $50 and 1S3, from
Lafayette, Ind, to indianapolis, Ind. and
II was said extra train No. $50, which col
lided with said switch engine, No. "a, and
cut. The second of said extra trains was
being run about fifteen minutes later than
the first Of said trains, the time of both
said trains being the same.
The evidence shows that said special
rule No. % was lived up to in it's letter only
In cases OF emergency anQ'WdS not lOllOWeO
when there was time sufficient to give
notice to protect extra passenger trains,
and the officials and officers Of said road
must have known from the handling OF
extra trains, that said special rule No. %
was not being complied with, except in
emergencies.
DISPATCHER FAILED IN DUTY.
"I further find from the evidence before
me that the chief train dispatcher Of said
company at Kankakee, Ill, 3d not notify
said o Q. Hicks. general yardmaster at
Indianapolis, Ind, of the time Of the ex-
pected arrival of said extra trains, and
for that reason no notice was given through
the office Of said John Q. Hicks to the
switching crews under hin of said extra
trains. If the office of said John Q. Hicks
had been notified lie would have been under
the custom and practice of said company,
the duty of said office to notify the tele-
graph operator at North street. the switch
tenders of said mpan at Market street
Inc Senate avenue and the assistant yard
master at the Shelby-street shops of said
company in said city, and through them
said extra trains would have been protected.
Il find from the evidence hat said COLI
sion occurred through the failure and neg
lect OF said chief train dispatcher to notify
the office of John Q. Hicks. general yard
master at indianapolis, of the time OF the
expected arrival of said extra trains so
that through the orders of said John ..
Hicks said extra trains could have been
protected.
'I nave found that there was no printed
rule requiring said chief train dispatcher
to notify the office of the general yardmas-'
ter at Indianapolis of the expected arrival
of extra trains, but 1 find that it has been
the custom and practice to do so.
Il find that the deaths Of all said per-
sons. upon whom / have held said inquest.
were caused by injuries received in said
collision, they being at said time passengers
upon said extra train No. $50"