The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

Coroner Lincoln's findings in this case
are of particularly interesting nature
and the chief parts thereof are here
given:
In a review OF the evidence 1t seems
that the affair occurred on Point street
about 1l:35 a. m, Oct H. 1895. The neigh
boring schools had closed for the noon
hour and swarms OF children on their way
home filled the streets.
"A Prairie avenue car. under motive
power. was moving down Point street at
a rate estimated by reliable witnesses of
ten miles an hour. The little Riley boy
suddenly ran out from Hoppin street and
started diagonally across Point street. A
short distance below Hoppin street. just
as the boy passed in front OF the car
and had reached the opposite rail of the
car track. the of side or the car struck
him, knocked him down and the wheels
OF the car passed over both legs, from the
result Of which he died.
The testimony discloses the fact that
the car was on a down grade and a rule
Of the railroad company requires in such
cases. that the power be shut off and the
car 10 roll down slowly by it's own vol-
tion. In the present case, that was not
done. the motorman had not shut off the
power and the car was moving rapidly.
1T is also in evidence that the brakes
were not set, nor was any effort made TO
almost onto the boy. Two witnesses say
that the setting OF the brake, the sound
Ing OF the gong and the shout OF ex-
clamation OF the motorman. as warning
TO the boy, were almost simultaneous.
This all shows that had the motormRn
performed his whole duty, the power
would have been shut off. the car pro-
ceeding slowly and under perfect con-
troll the motorman alert and ready for
Il nemergency and his position such that
he might have stopped his car quickly
he would dniihtlnzG %
capped.
1T is well known and was testified to
by those accustomed 10 the handling OF
cars that when going slowly under per-
feet control car may be stopped within
its own length. II was testified that this
car is % feet long over all and that from
the time II struck tho boy To whore IL
finally stopped. ~ ran 60 feet more than
twice It's own length. thus showing n
reckless speed. little or no control. and
an utter disregard Of the place the cir
cumstances and human life
The testimony Of the motorman IL little
10 be relied upon. as his confusion. caused
by the event, makes his evidence too un-
certain as 10 its truth
THE boy. without doubt took chances
and may have been somewhat 10 blame.
but ne was Of tender years and his 1udg.
ment unmstured lie doubtless believed
that he could run ahead OF the car or that
the motorman would see him and check
the speed. The motorman was supposed
To have good judgment and able to eXer-
else care IN the running Of the car.
"In this case the motorman was I'm the
best position 20 avoid an accident lie
should have obeyed the company's rules:
his car should have moved less rapidly
and been absolutely under his control:
iTr Sf1Uutr M IT SrT-TI TIT CfIftd b'rOFe n1s
car reached him and endeavored 10 have
stopped while yet some distance away.
He doesn't seem however. 10 have seen
the child until n had crossed the track IN
front Of the car and ben he dld all In
his power 20 stop: but II was too late.
I'm conclusion then. We think the mo.
toman wac negligent. but not In such n
degree as 90 deem II criminal Had he
omitted-entirely any attempt 90 stop his
car even after striking the boy. Il would
then he desmed gross carelessness and he
criminally negligent However with all