Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-05

provision there for the public safety
between the railroad and the city
council at . time q few years ago
when sentiment on the subject had
old gentleman by the fast mail 1t an
other crossing. We are quite sure that
the Zwilling accident was the 4fst
crossing, and 1t will be a. difficult "a
make it appear that this accident wa
due to the absence Of ordinary rail-
road precautions for ordinary condi-
tions as it will be impossible to make
those who knew Mr.. Zwilling believe
that it was due to any reoklessness on
his part.
But II there was all the profession
for the public at that crossing that
anyone saw any use for. and II the
automobile driver was the personilca-
ton OF caution and II. a. 10 the fact.
no one has thought Of blaming the
crew of the passenger train that ran
into the automobile. then what is the
lessone The lesson. as we SEQ Il, Is
that railroad employees in exceptional
situations should take upon themselves
corresponding responsibility, exercise
proper discretion. and 30 protect both
the public and their employees. And the
more the matter Is scrutinissd anu
analysed the more does 1t appear that
the employe who failed in this respect
was the engineer Of the freight train.
Because his train was too long for
the sidetrack he put 1t ovee-doubt-
less under orders-on the other main
line track. thereby creating an unusual
condition. such az the public II un-
to and such as would fool
most persons coming upon It. Then.
being in position to stop his train
somewhat at his own discretion, he
stopped it close to the crossing. 30 that
anyone who should be fooled by the
unusual condition would not be unde-
ceived until the incoming express
should be upon him. and being him
self at the angle Of danger he took no
pains to give warning to q slowly ap-
automobile. If he had
backed his train a reasonable distance
beyond the crossing. or II. al the ex-
press was coming in he had given to
the matter the least measure OF per-
sonal attention. either crying out or
blowing his whistle. he would by back
ing off have given to the automobile
driver a chance to look out for him
self or by crying out or whist1ing
would have given timely warning.
We do not know whether there Is
any rule OF the railroad precisely COW
ering a case of this order; but the In
junction that the railroad puts first in
its general instructions is safety
first" and the point that the railroad
officials tried hardest and most met
fectually to establish in their investi-
cations of the accident was that the
engineer had set his train back de-
cent distance from the crossing. They
could not SO establish, because such
was not the fact: and so the propo-
sition stands that when the engineer
had created an unusual and deceptive
situation by shunting his west-bound
train upon the east bound track. he
took no precautions on account OF
such situation but accentuated It by
setting his train SO As to screen the
express until that train should be
few feet Of the crossing.
Such conduct on the part Of the ensi-
neer was in gross violation OF the
priciple that anyone creating an I'M
usual situation involving public haz-
ard should take appropriate measures
for the public safety and the general
Is plain enough. whether the
case had been anticipated by an ap-
propriate rule or not. Because OF the
thus exhibited the accident
occurred, and because OF the accident
the company is liable for the nesh-
eence Of its employe. But because the
negligence was personal. the only
tangible blame to be attached to the
company pertains to its having 80
careless an employee: and the aues-
ton to be answered by the subsequent
is, to what extent 10 the
empoye who by gross neglect OF the
public safety in the course OF his duty
occasions an accident OF this order 10
be held answerable for his conduct!
In this case there are no children 10
be left parentless. and there Is plenty
II fortune for the heirs. Civil dam
ages cut very little figure. The SOUL
esq corporation had provided all the
provision for safety that had been
a sked of IT in time OF some excite
nsn+. There was an absolute minimum
n total absence Of contributory nesh-
renee. Yet a trap was set and spruns'
and the man who set it could with the
east possible attention have prevent
ID it's being sprung. What Is TO De
done about that?