Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-01

( ents were not only not negligent tn the
execution of that order. but that they
were in the exercise of due care and
their conduct was that of reasonable men
The facts will fully demonstrate this po-
, sition.
| On Oct the conductor, Dunbar, came
from Newport over to Waterville on an
errand in connection with the working
| train which lie was running. He arrived
there before noon. After he had his re-
pairs made he went down to the train
dispatchers office in Waterville and re-
ported that his engine, No. "0l, was
ready for orders. The train dispatcher
gave him an order at 2.4C p. NJ. to run
extra from Waterville to Newport juno
ton and 10 meet two extras at Clinton.
Under this order he was obliged to keep
clear of all west-bound trains between
Bangor and Waterville.
1t happened that No. %, which was due
In Waterville from Bangor at 1920, was
over two hours late. Dunbar and Thayer
had no means of knowing this except by
examining the train register where 2S was
to register in. Twenty-eiGht might. in
fact, have been in the yard at Watervile
and the train register not show it for
a half hour afterwards, according to the
testimony of the assistant superinten-
dent, Priest, who has already testified
The whereabouts of No. IS was within
the knowledge of the train dispatcher. He
had been notified Of it's leaving every sta
ton between Bangor and Benton and
only FIVE minutes previous to the time
he gave this order for Dunbar and
Thayer to go he had received a report
from, No. % at Benton.
Notwithstanding this at 2.40 he gave
them an ORDER to run against No. 3,
which could not possibly have been exc
cuted except on the assumption that Is
was in Waterville. In addition to the
order he verbally urged them to hurry
out and get over to Clinton as quickly as
possible. He repeated and insisted that
they hurry. This conversation diverted
their attention from inquiring about q
and was, In fact, an assurance TO them
that they would have a clear track. This
train dispatcher was their superior and
had absolute control Of the movements
of all trains going east from Waterville.
No conductor or engineer in prompt
obedience to orders, however careful he
might be. would have acted otherwise.
If these men, being tried before you to-
day, were in any way negligent in start.
ing out with col, as they did, they them
selves would be the first victims of it.
No rules or orders Of superior officers,
fear of dismissal. or even fear of pun
ishment for crime could have made them
more careful than this very law of their
own natures, the law that governs all
mankind and even the animals that rove
in the forests, namely, the law Of self
preservatio Their negligence OF acts
if negligent, would mean suicide.
Gentlemen, we claim that the written
rules of the Maine Central Railroad are
merely rules Of conduct. whenever those
particular rules would apply. They were
not strictly observed in any part and
were constantly and repeatedly varied
by train dspatchers' orders whenever
more convenient for the management of
trains. The unwritten custom of the
railroad officials and of conductors and
engineers is as much a part of the legal
rules of this corporation as those which
have teen offered to you.
Now we shall submit it to YOUR judg-
nent, gentlemen, whether or not this con-
ductor and engineer in acting as they
did that day We're not only not grossly.
culpably and criminally negligent bu-
whether under all the circumstances they
were not in the exercise Of due proper
and reasonable care. We claim that the