Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-15
N0iBLAME.
Report on the Augusta
trolley ccidc'.t.
Commiss oncrs ind IN Mo-
ie man sed Eve y Gaze.
Death Of Mr.. Copp Was Due to Own
tiec1Iessness.

| J'N-isl!i ! ''tliI I'LL III 49,
y \ ri,'us .r'c,' AZ occur cd on tn
: N:.custa W4f.tNrp,' and Caroline
SECT li;.i!yay O.: l." l,;n day of All
/ "ISt. i. d.. i.ri. III the junction 0
''ushluam street ANA Western avenue
III which Nj. Ecnjtlin Copp of Au
Susta lost his life.
The ear which rLr%c'l his death wa.
| known as Car NO II. Arthur b. Palmer
| was motorm;In, and l.. c. Jones wa,
| conductor.
| The car left the Island at Manchester
at 1.50 2. NJ. without passengers. A
| Manchester Forks TWO passengers wer,
taken on, and at "Fiiicld's" three Other
| passengers were taken.
| When the car reached the top OF
| Western Ave, going towards Augusta
| the motorman says he shut off the
| power going down the hill. and that he
| ran under brakes the whole distanc.
| until he arrived ut Cushman ST., wher,
the accident occurred.
About three hundred feet westerly OF
| Fushman St, on the opposite side OF
Western Ave. was Il gravel pit used by
| the city. and teams We're hauling
gravel Fl ON that pit down Western
Ave. md crossing the car line on t,
Cushman st.
The mUtorman testified that Just be
fore he got to the gravel pit he saw the
team which Mr. CGpp was driving como
out of the pit and start down the hill
| on Western Ave. n" testified that Nj.
corps team WAS on the northe.ly sid
Nj. fopa being so near the car track.
That there was plenty of room on tn,
Southerly side of Western Ave. where
Nj. Corr might have driven his team.
the street being wide at that poin,
Mr.. Copp being So near the car track
the motorman says ne rang his CONS t.
warn him that the ear was coming AMI
that he rang il continually until til
accident occurred.
He says that he was running not
more than six miles an hour. He tcsti-
fled that Mr.. Copp had a dump cart
with two horses, and that he was sit
ting on Tie tongue Of the cart between
the forward aAle and the body Of the
cart.
He says there were no other teams in
the highway or in sight The horses
were trotting slowly. He says that
when he WAS about two ear lengths
from the crossing of Cushman street,
ana while he was ringing his gong. Mr..
COpp swung his horses quickly to cross
on to CuShlnan street,. bringing the
team in front of the car. He says he
continued to ring his gong and shout
and tried to stop his car. He says the
car struck the cart about midway, tip
ping it over, and throwing Mr.. Copp
under tho cart, injurinS him so that he
died shortly after.
The passengers. five in all. each
testified that the motorman rang the
gong and shouted to Mr.. Copp. Other
witnesses who lived in that vicinity
testified to the same thing.
Three witnesses who were some dis
lance away testified that they saw tn"
car and heard the shouting, but did not
hear the gong.
The commissioners examined the 10
cation of the streets where the acct
dent occurred.
1t is not necessary for us to declare
what we conceive to be the relative
rights and duties Of drivers of motor
cars on street railroads. and the drv-
the street.
The court must settle what these
arc, but we conceive the law to be that
it is the duty of drivers of both car
riages and motor-cars to use the u
most care to avoid collisions.
The drivers of private teams or car
riages have the undoubted right to
cross the track of street car limo, and
in cities, even to drive upon the track
when necessary. We think the = Irt
would not hold the drivers of carriages
to the strict rule of responsibility that
prevails at crossings of the tracks of
steam roads.
The rcasons are obvious. 1t is
therefore certainly the duty Of motor
men in running cars where private
teams and carriages are frequently
crossing, to exercise the utmost care
to prevent collisions.
1t is equally the duty Of drivers of
teams and carriages to use the utmost
care to avoid such collisions.
A motorman has therefore the right
to assume that such drivers of teams
and carriages will 10 their duty in the
endeavor to prevent accidents.
motorman must run his car care
fully ana reasonably as to speed on
streets where the population is dense,
or where the private teams and car
rlaSeS arc numerous. but he has a right
70 run his car, and he has a right to
aSSlm" that when a team is upon one
slde of the track and he is ringing his
gong TO attract attention of travellers.
lHat The drivers of private cOnveyances
vii need his warming and not under
TAKE 70 cross the track Immediately in
front of his car. while they are in dam
SerouS proximity.
laking the testimony of all the wit
i'tsses in this case into consideration.
examining the location as we did. we
are satisfied that the motorman upon
t"is occasion did all chat any careful
man could do He testified fully. fair
~, ana freely, and we believe. truth
luiiH' The testimony of the other wit
HesSeS corroborates his.
ne was running his car not too fast
~, NE circumstances. and Mr.. Conn.
( vi, N@r OF the private team knew
80 ~ turned his horses across the
tf.'cA that it was a place of danoer
Mnere cars We're likely to cross
! s.,,t;,, ne heard the gong and the
ShouthS or not we ara mall, =. ,Y