Norwich bulletin., 1913-07-24
NEITHER ENGINEER NOR
 THE RAILROAD TO BLAME,
Coroner Fails to Find Criminal NeaIi-
 senee in Stamford Wreck.

Bridgeport, July 23.-Neither Engi- neer Charles J. Doherty nor the New York, New Haven and Hartford rail- road, It's servants or agents, is guilty of criminal negligence in connection with the wreck of the Springfield ex- press in Stamford on June 12, accord ing to the finding of Coroner J. J. Phe- Ian of this city. made public today.
 The finding is based on the death of Ada Pearl Kelley of Chicago one of the six passengers who were killed in the ill-fated Pullman parlor car Sky lark, of the first section of the ex- press, which was telescoped by engine 1888 of the second section and her death is classed as accidental"
 The coroner reviews at some length the evidence taken by him in the hear ings at Stamford and Bridgeport and discusses the question of Doherty S competency, the location of the distant and home signals at Stamford, the use of automatic train stop devices and the air brake equipment
 On the matter of the engineers f1t- ness the coroner says that "Doherty's alleged incompetence is dispFoved by his almost perfect service record, and by testimony given by employees and officials of the company. In the mat ter of practical experitnce the coroner believes that the "ons year rule" for engineers does not give sufficient ex-
 
 be increased to two years at least. but preferably to three years"
 While the distant and home signals he finds are too close together at Stamford, and should, in the interests of safety, be increased to at least $500 feet, he does not think criminal negli- gence should be attributed to the com- pany of it's signal engineer in connec- ton with the location, because of the fact that Sanford Is a predetermined d stoy, and in view of Doherty's "knowl- edge and obligation to Stop,' and his
 presumed knowledge of the place to start bfaldng." The practice, however, the coroner says, 'of allowing one high speed train to follow another into what is practically the same block and to come within a few feet of another on the same track is a foolhardy one" and a hazard mot to be Justified by the slight gain in time over that lost by one train remaining in the block be- hind until the train ahead has cleared from its block"
 This practice the coroner finds also does rude violence" to the public be- lief that to ensure safety trains while running are kept one block apart. In reference to the automatic train stops, the coroner says he has no knowledge of the continued use of any approved device on steam or electric roads, adding:
 Ut appears to be the law that crim- inal negligence can only be based upon the failure of the New Haven company
 or it's servants in providing automatic stops when such stops have not only been tested experfmenta1ly, but have been and are being successfully used on other first class or well managed railroads"
 The company Is not bound to adopt any particular device that has not proved it's success by actual and con tinued use, the coroner says, but he is convinced that there are automatic stops, speed controls and other safety devices in a fair state ofg development awaiting exploitation, and the New Haven road should feell obliged to in stall such in proper places, even though they may not equal all the niceties of the published requirements of that company.
 The coroner says he is unable to find that the company is indifferent to the public needs in the matter of steel cars and that it is taking steps to secure more of such equipment
 In concluding the coroner says while there can be no question as to Doher- l tvs competency, he is persuaded by the ] engineers presumed nervousness, due partly to his limited experience, and i by other evidence that he did not ap- 1 DIV his lair" early enough, but too near the home signal. Tt is within the range of possibility, assume" he continues, that something beyond hut man vision may have been wrong with 1 the air activities of the engine, and that Doherty's story of it's defects and of the places and points Of failure is
 correct, and he thereby stands justi- 1 fled.
 "But, however that may be, I must i on the evidence before me, conclude he i inadvertently but scrupulously erred in
 misjudging the distance required in which to stop the train; that longer
 experience on that engine or on on the ] road would have taught him, and that 1 so misjudging caused the accident