Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-06-25
STATE HOUSE.
Commissioners Decision
0nKennebunkport Wreck
Holds Motorm!an lare|y Re-
sponsibIe For Accident.
Hon. l. 7. Carleton Speaks Before
Saco Club This Evening.
STATE HOUSE CALENDAR.
Next Meeting Of Governor and Council
Thursday, July 80, at 10 A. M.

flee OF the BOARD Oh railroad Commits
sioners Wednesday morning that de-
cision has been rendered by the COM
missionerS upon an accident which &C.
Cured near kennebunkport, on the
Atlantic Shore Line Railway, Thurs
day, June 4 of the current veal The
text of the decision is as follows:
"A serious accident occurred on the
Atlantic Shore Line Railway on the
fourth day Of June, A. d. 1903, about
two miles east of kennebunkpOrt
Town House, in which Miss Sarah T..
ColisS was killed and several others
injured. The cars involved were a
regular passenger car which should
leave Cape POrpoiSe at Las p. NJ, and
a special freight working between the
Town House and Cape Porpois 1t
seems that it has been the custom of
the motorman of the coal train and the
conductor and lnotOrman of the pas
senger cars to make their own ar
rangements for meeting points, etc.
Notwithstanding the fact that this line
is operated by a dispatchers' system
George H. Butland, the conductor
of the passenger car, testified that
when he left the Town House he had
orders to meet the motor at the coal
pocket, when he was on his way to
Cape Porpoisc, and when he went by
it he was on the opposite side and near
the middle of the car, just commence
ing to collect fares
Someone. who proved to be the
motorman of the freight, called to him,
and Butland understood from what he
could hcar and the motions made, that
the motor would follow him to the pier
at Cape forp"ise. On his arrival at
that point, after waiting a few mo-
ments, US the motor did not show up,
he called to the dispatcher and told
him of the agreement as he understood
it from the motornan of the freight.
At six minutes of two the dispatcher
told him to come to the Town House
as the motor was still at the pocket.
arthur f., Mitchell testified that he
was the motorman on the freight be-
tween the Town House and Cape POr
poise the day of the accident and had
orders t. meet the passenger car bound
for the Cape at the coal pocket, and as
the car went by he called to The con-
ductor and told him he would meet
his car at Woods Siding on his return
trip. The conductor pointed down the
track as if he knew what he meant. AS
soon as the coal cars were unloadcd he
started f.: Woods Siding and collidcd
with the passenger car about Il quarter
Of milo west of that point.
What were the rights of those two
trains? General orders of the Atlantic
Shore Line Railway in relation to
freight ana work trains say that wv ork
cars must not enter the main line
without permission from the dispatcher
on duty. They must keep out of the
way of regular cars, and be on the
turnout by the average rate Of running,
at least iivc minutes ahead of the time
regular cars are scheduled to arrive at
or pass these points Also that Crews
of work cars must keep dispatcher in
formed on its working limits and
operate on his Instructions
Three paTtic, are involved IN TINS
accident. Viz: the conductor of the reg
ular passenger car, the motorman IN
charge o: the freight train, and the
dispatcher or tlicer who had authority
to direct the movements of the cars or
trains.
''rhe conductor of the regular car,
when at Cape Porpoise, communicated
with the dispatcher at the Town House
Tor the purpose of receiving inlorhha-
ton, or orders, which would authorize
him to run to that point.
He understood that the freight mo-
tor was at the coal pocket and that the
dispatcher gave him telephone order
to run to the Town House. His tcSt1-
mcny is TO the effect that there was an
effort on the part of the motOrlnan OF
the freight train to communicate with
him by signs when he passed the coal
pocket on his way to the Cape, but
that its meaning was not clear to h!nl
Partly for this reason he asked for
orders, or information, from the dis
patcher before leaving Cape 1orpoiSe'
and he was justified in expecting that
the motor car would remain at the coal
pocket till the regular car had passed
We find that the mOtorman Mitch
ell. in strict violation of the rules quo
led above, proceeded on his way 10 l'i'
cape, occupying the time of the regu-
lar car without any orders Whatever
from the dispatcher. Had n" com
pied with these rules. he Woulu nave
stayed at the coal pocket until
the regular car had passed. thus avoid
lhg this serious accident. We flnd,
therefore. that Arthur r. Mitchell Is
Very largely responsible. The only
"iame that we can attach TO llSPatch-
er Rand is for this. If he were aware
mat the men were making their own
crossings he should have stopped the
practice at once, had he the authority
and If not should have repaired the
same to the management; and having
given to the conductor of the regular
car the information that the 1relght
motor was at the pocket. Should nave
taken steps tC see that it remained
There until the regular car had arrived.
Dated this 23d day of June. A. D. l'oo
PARKER SPOFFORD,
FRANK KEIZER,
Railroad Commissioners of Maine
true copy