The Barre daily times. (Barre, Vt.) 1897-1959, 1910-08-03
Says the Majority Of Vermont
Public Service Commission
ON MONTPELIER ACCIDENT
Commissioner Jackson Dissents and
Says Whole Blame for Injury to
Mrs. George H. Aimon Rests
on the Motorman.

In report just handed down, tih
Vermont public service commission, by
majority. finds joint negligence or the
part Of John A. Cross, driver Of the au-
tomobile, and Peter Ducharme. motor
man Of a D. & NJ. electric car whose
vehicle collided on State street. Mont
peIier, April 20 last, giving very serious
injuries to Mrs. George II. Almon, an
occupant Of the automobile. Commits
soners John w. Redmond and Eli II.
Porter are the majority Commissioner
S. Hollister jackson charges the motor
man with sole responsibility for the ac-
cident, in dissenting report, declaring
that the warning from the automobile
was sufficient TO have caused any "ordi.
nary motormans to stop MS car.
Mrs. Almon, the victim Of the acci-
dent, Is not yet fully recovered from
her injuries. although three and a half
mouths have elapsed. Her hurts were
sustained largely when the spokes Of
rimless wheel of the automobile tore
into her side as she lay pinned under
the automobile, three ribs being broken
and other serious injuries being received.
The public service commission finds that
the wheel reyolved two minutes, goug.
Ing the woman's side, before anyone had
presence Of mind enough to turn off the
power
None Of the other occupants Of the
autmoble was injured, the party includ-
ing Mr.. and Mrs. Cross and son and Air.
and Mrs Almon and their son. Mr..
Cross endeayored to turn his ear around
on state street. the electric car then be-
ing about 900 feet south. The throwing
IN Of the gears took considerable time,
and when Mr.. Cross backed onto the
electric car track the car had approached
10 point 400 feet Distant and Mr.
Almon rose ii the auto and sirnnied
with iiis hand for the motorman 81 stop
THE automobile, finds the commission,
stood between two arc street lights,
which. being lighted, must bare made
ithe automobile fairly visible to the
motorman
Z Furthermore. the commission finds
itbat the car was moving ten miles an
hour and mad no passengers The ma
ioritv report says that the commission
IS confident that the motorlnan thought
tile automobile had taken a safe posi-
tion to permit The ear TO pass and that
when the automobile commenced to back
toward the track the motorman at once
applied his hand brake. but to no avail,
the car hitting the automobile and push
ing it out Of the way, the car being
stopped two lengths ahead.
The Majority Report.
Commmissioners Redmond and Porter
make their report as follows:
eve are satisfied that the motorman
should nave approached the automobile
with his car more fully under control,
and So that he could have stopped It
almost instantly. We feel that when
lc saw the automobile there near the
track. although apparently in safe
position. the situation was suen that
prudence required him to have the full
control OF his car Just indicated But
We are also fully satisfied and find that
MIR. Cross showed gross incompetence
and negligence in the way he handled
the automobile in the circumstances. No
think ne had no right inexperienced and
unskiIfuI as he must have known hm-
self to have been, with full knowledge
Of the approaching electric car, to have
attempted the manoeuvre descrine1
above. We find that, although the acci-
dent was due TO the combined negligence
of Mr. Cross and Of the motorman, the
negligence of Mr. Cross was both more
GROSS and contributed more to the acci-
dent.
aIt should be said that the motorman
has had two years experience as mo-
tormau on this road, never has mad an
accident Of any kind before, and has
shown himself to be careful and pru-
dent man in the past. 1t should also be
said that the collision bent the brake rod
81 the electric car in such manner
tbat the efficiency Of the brake was
tnerebv so affected that the motorman
could not stop the car quickly after the
collision
Commissioner Jackson's minority re-
port i as follows:
jackson commissioner, dlsagrees Win
thaf part Of the above report which at
tributes negligence to the automobile
driver. The peculiar position OF the
automobile. the warning to the motor
man Of Mr.. Almon when the electric car
MAS 500 feet or more away, and the
pain view, were enough to have caused
anv ordinary motorman Immediately to
have stopped his car Had the motor
man aone SO. the accident never would
have happened. But this was not an
ordinary motorman. He drove his car
along under power, and at more than
double the speed he testified to, without
any care towards the automobile and
ifs frightened occupants The motor
nan was solely to blame.