The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-09-04
RAILROAD DIRECTORS FREED,
JURY ORDERED TO RETt IN a
VERDICT or NOT GUILTY.
Court Decides That Cassait. Crtn'mins,
YOUNG and Others Indicted We're Not
Responsible for Newark Trolie! Ac-
ciCient by which Nine We're Killed.

The case Of the People against seven
directors and the others directly connected
with the management of the North Jersey
Street Railway Company, in which the de-
PENDANTS were charged with manslaughter
in having by gross negligence caused the
death of Ernestina Miller. who, with eight
others. was killed at the Clifton avenue.
Newark. crossing of the Delaware Lacka-
wanna and Western Railroad on Feb. 10
last. collapsed yesterday morning when
Chief Justice Gummere Justices Nansyckel
and Dixon concurring, directed the jury
to bring in verdict of not guilty for each
| of the defendants,
This decision was the result of motion
made on Wednesday by counsel for the
defence, the contention being that the pl ose-
| cuton failed to make out a case.
Chief Justice Gummere gave his de-
cision as soon as court opened yesterday
morning All the defendants Mr., Cassatt
president of thu Pennsylvania Railroad
John ID. Crimmins, New York's wel-known
| contractor and man of affairs; Il, +. T..
| Young, president of the North Jersey Street
| Railway; Dr. Leslie d. Ward, vce-presi-
dent Of the Prudential Insurance Com
u.
(iaddis and the others-were in their ac-
| customed seats awaiting the decision.
The Chief Justice said:
That the crossing was dangerous cannot
| be controverted and that human ingenuity
| could not make it absolutely safe is also
gave the North Jersey Street Railway Com
| pany authority 10 construct their railway
| in Clifton ,avenn" across the tracks a. grade
| Of the Delaware. l.ackawanna and Western
Ruil md brnrp Defendants
| their agents can be held crminnlly respOn-
sihle for the, construction Of the road, The
constructed in a.lnanner that was criminaly
negligent: and for these defendants to be
convicted it must appear that each OF them.
! individually, vas guilty of gross negligence
| in performing or negIecting TO perform
some specific act in It's construction and
! operation.
! shown both in construction and operation;
| The omission of a derailing switch Is said
| to be careessness SO gross as to MAKE me
defendants rriminally liable Gross negli-
| gencc is also said TO be shown in the fact
| that the front platforms of the cars were
frequently crowded. ara such Growd!nS
| or permission to the children to ride on the
front platform OF the car is held to have
I'ndisputcd facts show that it is, not the
| universal practice to put these derailing
switches in at grade crossings and, in fact 1.
| that not more than 10 per cent. OF the cross
ings of trolley with railroad tracks in this
that there is great divergence in opinion
as to whether the derailng device makes
the crossing safer or not. Where 1t IS qnes-
ton for or against the adoption Of such a
| device. il cannot be said that decision one
way or the other is criminally negligent
| act
Whether derail was or WAS not absolutely
necessary at This point cannot be considered
| without considering the construction OF the
road, The road was, made without deIa!l.
ing switches, but the defendant directors
! nd cd
| motorman was required TO stop his car at
Orange street. to keep II under continuous
the railroad track crossing The fact that
| in two years no car had ever come down the
grade not under control nor had any, failed
without derniling switch the road was safe.
| The Question then arises was it safe under
the extraordinary. conditions which pre-
| the defendants bad adopted a set Of rules
containing specific instructions for the use
Of the brake on the part OF the motorman,
and as a further ,precaution it was required
| that sand De used. As the testimony shows,
il sand had been used as the rules require
| had the brakes been operated rs the rules
provide. this accident would not have hap
There is nothing to show that these de-
PENDANTS were so grossly negligent as 70 e
Of Erncstina Miller. and think i Is therefore
| my duty 10 direct n" Jury to find verdict
and ] nm pleased 70 saw that Judges Van,
src'scl and Dixon. who are associated with
me- on tho bench. concur with me-.
Jrstic}s Dixon and Nanaycke spoke
briefly, each expressing his concurren ce in
Chief Justice Gummere's decision, Judge
Dixon dwelling particularly upon tho point
that the evidence had not shown that the
crcwdiug &c The front platform with pas
senCore had in tho l"7st interfered with
tho free movements of he motorman In
operating his brake
Tho illrv without leaving their seats went
through Tho tcrwoiit" Of consulting, and
then. through their foreman, Williar,
Mau, announced a verdict OF Not guilty,
whereupon court adjourned.
A number Of persons within IN" bar
crowded around Mr. Cassatt Mr.. Grim.
Minis and The other defendants. shaking
hands with them and con graf ularing them
The defendants themselves wero smiling
and obviously much reliel cd, A number
of them shook hands cordially with Prose
crtor Riker before they left the court
room.