Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1904-02-04

| mOny, III Is cOntenQed turtner tnat
AZ, while occupying the track of the
main line after they knew that 46
had left Merna, were doing so Mt Il
great risk to life and property. And
while the crew of As were, in all
probability, within the rules that
the company lays down to safe
guard its train, Mt the same time the
holding of As on the main line at u
time so near the departing time of
46 from the station at Broken Bow,
was taking hazardous chances, un-
less the rear of rs was protected
from approaching trains from the
west by torpedeos and flag, which
the ties timony shows was not done.
The excuse given for not protecting
the rear by torpedoes and flag is that
the time in which As had to clear
the track as against 46's, sched-
ule time was not up and that be-
fore it would expire AS would be on
the passing track and the main line
clear, and this from the testimony
would have occurred had not 46 ex-
ceeded her schedule time and came
into Broken Bow probably from II
to Is minutes ahead of time.
1t is contended again and the
testimony bears up the inference,
that it is nothing uncommon for 46
to exceed her highest schedule time,
30 miles per hour, and that the run
ming of AZ in excess of her schedule
is winked at, if not encouraged, by
the dispatcher OF this the crew of
As knew and Knowing it, should
have cleared the track for 46 as
soon as they knew 46 had left
Merna. As being an inferior train
to 46, it was her business to get
out of the way for AS, and 4G know
ing her superiority over 4S, run
Wild to Broken Bow from Merna
regardless of chances.
The testimony shows that the
rev of 46 received no report at
Anselmo concerning the where
abouts of AZ although As had been
something like 6 hours between
Anselmo and Broken Bow. Had
the crew of 46 been. notified that
they would pass As at Broken Bow,
the chances are that they would
have been on the look out and no
wreck would have occurred, but un-
der the rule 46 was on her sched-
ule and the coast should have been
clear.
1t is upon these indirect and re-
mote causes that may or may not
have contributed to the wreck, that
may or may not indicate negligence
or carelessness on the part of those
to whom the moving of trains is
given, that the jury fail to agree,
and failing to agree, they make no
finding other than the finding set
out above.
VERDICT OF CoRoNER's JURY.
State of Nebraska, &C
Custer County, '''
At an inquisition holden at
Broken Bow, in Custer county, on
the 28th day of January, A. d.
1904, before me, J. H. Morrow,
coroner of said county, upon the
bodies of Thos. Kelley, G. F.
Eaton, John Akers and S. w.
Wittenberger lying dead by the
jurors, whose names are hereto
subscribed, the said jurors upon
their oath do say, that the death
of T. Kelley, c. F. Eaton, John
Akers and S. c. Wittenberger
was caused by a collision which
occurred at $40 a. M, January
IS, 1904, at point about 5000
feet west of the depot in Broken
Bow, Custer county, Nebraska,
by train No. 40 colliding with
the rear end of train No. 4S, run
ming as extra No. 1913, and that
the said collision was an accident
and not fellonious. In testimony
whereof, the said jurors have
hereunto set their hands the day
and year aforesaid.
L. II. JEwETT.
w. w. CowLEs.
JUDsON KAY.
GEORGE WILLING.
JAMES WHITEHEAD.
]. J. WILSON.
The following is the minorit,
opinion:
From the evidence given, it i
our opinion that T. Kelley G. +
Eaton, John Akers, and S. G. Wit
tenberger came to their death fror
q failure of the crew of No, AS
part of whom were overworked) t.
properly guard its unwieldy trai
from the rear.
While we consider the unwieldi