The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1915-07-16
Commissioner erie 8
That Questions Are
Attack On Him
DENIES BLAME
FOR ACCIDENT
Claims City Never Re-
ported Dangerous
Condition


8. Cunningham featured the inquest
begun. Thursday morning. by Cor
oner Rothacher into the deaths Of
Joseph Fsmyszak. Nettie Fabyszak.
his wife, and Olga Iwinski, In an
automobile accident. on the evening
OF July 4. at the Green-ave. crossing
OF the Pere Marquette railroad.
Mr.. Cunningham denied the COM
missions responsibility for the acct
dent. He said that 1t is impossible
for the commission TO be familiar
with every crossing In Michigan. and
intimated that II the city of Detroit.
or any citizen. believed the crossing
at Greeu-eve. dangerous. IT should
have been reported TO the commits
sion. which would then have investi-
gated and ordered safeguards.
John II Jones. photographer, the
first witness, introduced pictures OF
the GresuaSe. crossing.
DR.. T.. ~ Brandt. county physician.
testified teet he performed post
mortem Examination OF the body OF
Joseph Hhtkszak. whose head was
crushed. md OF the bodies of Nettie
Babyssak and Olga lsinski. both OF
whom had fractured skulls.
DIR. NJ. A. Dayton, No. 1850 FOREST
west. said that he was on the scene
Immediately after the accident. He
testified that traffic on Green.ave. Is
very heavy, and that the thorough
fare Is much used by automobiles.
Going north on Green-ave.. there
r. no view OF the tracks till one
Gets directly on them" said DR.. Lay.
ton. There are no gates at the
crossing. nor any alarm bell saw
no watchman there at the time OF
the accident" e
Attorney r p Brown. for the Pere
Marquette railroad. declared that DR..
Layton was mistaken as to the view
OF the westbound track being cut on
Df. Rothacher said that this was a
question for the jury TO decide.
Charles S. Cunningham. member
Of the state railroad commission.
startled Assistant Prosecutor Keidan
by saying that he is not resident
of Detroit.
Il moved my residence to Lansing.
about ak weeks ago." said Mr.. Cum
ningham.
The commissioner said that the
commission has .ull power over
safety devices at crossings.
THE city of Detroit has no right
to order a Waterman placed at
crossing. or gates. or an alarm bell.
or TO direct a grade separation. has
IT," asked Mr. Keidan
ut has not replied Mr. Cunning.
ham. "The city could station a po-
liceman there"
"What orders did the commission
make regarding the safety OF the
Green.ave. crossing"
ION July 8. 1909. Commissioner
Dickinson reported that protection
was needed. and the commission d.
rected that beginning July 10.
watchman be stationed at the cross
Ing from Z a. IN. to p. m. every
day except Sunday"
Nj. Cunningham read the order OF
the commission, which stated that
the seton was taken on complaint OF
the common council OF the city OF
Detroit. The order was served on
both the Wabash and Pere Mar
oustte railroads, and the roads an
swered that 1t would be complied
With.
WAS any other order made re-
earding that crossing, prior to the
accident" asked Mr.. Keidan.
There was not"
isn't Il a fact that II Ia more dan
gerous to order a fiagman stationed
ut q crossing every day except Sun
day. than to station no fiagman at
ali?" asked Mr.. Keidan.
az don't want to criticize my pre-
decessors." replied Mr.. Cunningham.
Il will answer that question In this
way. myself. since my connection
with the commission, have never H.
sued an order excepting Sundays
"You coulu have issued an order
modifying the previous order. could
you not?"
81 could have, II the condition had
been called to my attention.
Then you are directly RESPONSE
BILE for the condition OF that cross
Ing" said Mr.. Keidan.
Mr.. Cunningham said that the com
mission has an inspector who reports
the condition OF crossings. and that
the entire commission, snd not one
commissioner. decides what safety
measures should be taken.
THE commission looks to yea to
investigate the condition OF crossings
and report to IT," suggested Mr. Kei-
dan.
mo. SIR
."well, what do you dor
We're kept busy
Did you ever Investigate that
eexs~aia = -, !