Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-05-17
INTERESTING CASES
Two Argued before Vermont Su-
preme Court Rutland Rail
roads Appeal.
OUTCOME OF AUTO ACCIDENT
order Of railroad Commissioners to
Turn Engine at North Bcnnington
Opposcd-Habcas corpus Case
of Nckcnua Also Heard
The Arguments.

pany from an order of the State board
of railroad commissioners. growing
out of the fatal accident to Harris
Lindsey and Evelyn Y. willing, which
occurred ON tho Rutland railroad at a
highway crossing, known as Pixies
crossing. between North Bennington
ana Bennington. August ii, 1905, in
which the railroad was prohibited
from drawing "A train with the engine
backing. and the other the habcas
corpus case in which William Mcl<cn-
ma denies the right of the state to
keep him confined in the state prison
at Windsor
Attorney General G. c. Fits appear
ed for the railroad commissioners in
/ the first named case. and II. II. Powers
for the railroad company.
/ In his brief the encouragement cited
that tho facts, as found by the commits
sioners show the collision between the
automobile containing Lindsey and Miss
Willing ana - locomotive backing toward
bennington from North Remington. and,
/ in backing. hauling a passenger train,
and that the locomotive was usually run
/ in that way with that particular train
that there was no pilot on the tender
of the locomotive, and the view Of the
!
ohstructod to tho engineer in part by the
tender and by the fact that the backing
of the locomotive placed the engineer on
! tho inside Of tho curve at that point.
THE FINDING OF FACTS.
! The finding OF facts states that it is
clearly apparent that if the engine had
been headed toward Bennington and ths
engineer had been CA the watch, the ac-
cid"nt might have been avoided.
The finding further is. 'rhat the Rut-
| land Railroad company at the times OF
the accident was operating its train II
an unsafe manner. To draw n train witt
Iencinc backing is Il dangerous proceeding
and is cxcustblc only in cases of ncces
sity
The Rutland Railroad company from
choice has elected to so operate the on
Igino ca this train for more than tw,
years last past. That there were facili
ties 1T North Bennington for turning tn,
engine, but upon plea of cougcstod yards
the " has been used for storing car
and not for the use for which it was or
gIally intended"
In the Judgment Of the commisS toner's
no adequate reason exists why the Rut
land Railroad company should not tui,
it's engine at North Bennington and run
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l,he focts found nv the railroad cor,ission
.ors are true, so it cannot have suffered i,
that regard.
It could not have disprovod those fact
If notice had been legally served upon IT,
The railroad company appeared at TN
hearing, ana evidence was introduce,
iunOn the question of the manner of opcr
Iating it's locomotives on the Bennington
branch
The Legislature has clothed the rail
road commissioners with the authorit,
and power of a court of equity in tn
lpremises
The commission has Jurisdiction ~ tn
Isubiect matter and jurisdiction over tn
railroad company when the company !
served with notice or appears.
While an objection to jurisdiction of tn
lsubicct matter IS never out of time, al
objrction to jurisdiction ol the person i
waived when the person appca@, ana cs
pecially when the person recognizes tn
ant hOritV of the court and appeals unde