The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1906-01-15
REPORT AS To
AUTOACCIDENT
Finding Of State Railroad
Commissioner.
THE BLAME IS FIXED
Mostly on the Driver Of The Auto
Bot Partly on the
Railroad.


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%. North issaslasion b. llsnningios.
approached iron the seat. q collision
occurred 90 No crossing snd i.iBdsisy
and Miss wiillng rerr insssaiiy allied.
Adsnsoa and craasr ESCAPED slih
slight inisriss. Esglneer william
sIblsy and condlcssr 81 J. IIsldon
-ere also slightly injured b. The Dc
rallmeai Of The trsls. Toe testimony
% several ~iinsssss rho ssv Mo auto.
mobile spprosch nc crossing esisb
llshed beyond aay doubt The FACT that
the machine -ss rsnaiag 81 high
rate Of sped snd that the occupants
-eru ell Of them una-arc 81 The ap.
proach Of the train. Several -lln ,sses
lndcpcnden, Of the train crcs, testified
that the whistle vas sounded for the
crossing. The caglns. Ia accordance
nth The usual practice In operating
this train. -as backing tossrd len
niogton There was no pllo, on the
tender and tbs viis Of the crossing
from the engineers position In the cab
vas distracted 20 q certain degree by
the tender and the fact that backing
tho engine placed the engineer upon the
inside Of the curve aud upon the side
opposite from which the automobile
vas approaching. Il IL clearly ap
parent that II the engine had been
headed toward Remington and the
en- ineer had been upon the watch as
no approached this crossing he would
have seen the danger 10 time 10 have
sppreciably slowed the speed OF the
train and the automobile ~ould have
passed over in safety.
But the occupants of the automobile
we're In fault In approaching this
crossing without stopping. looking
and listening for train. The chauf
feur testified that he did not know he
was approaching grade crossing II
was his business TO know. No person
who operates al automobile is justified
la attempting 10 cross over q railroad
track at grade without 10 liking for the
approach OF train AID tn, commits.
sioners cannot fin tina, Adam son and
the occupants OF the eutb m ,ils exer-
cised REASONABLE. care and pru !ence in
attempting To cross the trace of the
Rutland Railroad Company at the
time the accident accurred. From the
testimony OF the chauffeur him eif the
machine was rum ng at least tw,nty
miles per hour rs IL approached the
crossing; there Is a considerable rise in
the highway and the speed Of the
machine was accelerated to make this
rise. The chauffeur was not licensed |
to operate an automobile 10 Vermont
and was exceeding the limit Of speed
permitted by section of act No S6 OF
the laws OF 1904
The Rutland Railroad Company at
the time of the accident was operating |
its train in an unsafe manner. To |
draw train With engine backing is q
dangerous practice and Is excusable
only in cases of necessity. The Rutland {
Railroad Company from choice has
elected to so operate the engine on this |
train for more than two years last
past. There are facilities at North !
Bennington for turning the engine but
upon the plea OF congested yards the
"Y" has been used for storing cars
and not left open for the uses for which
it was originally intended. In the
Judgment OF the commissio ners no
adequate reason exists why the Rut-
land Railroad Company should not
turn its engine ut North Bennington
and run it's train on the Bennington
branch as they do upon the main il e,
with engine head on
The conclusion of the commission |
ers is that this accident happened pri-
marily by reason Of the careless act OF |