The Detroit times., 1915-04-29
Responsible for Derail.
er at Crossing, Says
Cunningham
IGNORED ORDER
TO REPAIR DEVICE
Inquest Into Wreck
May Be Concluded
Thursday

Responsibility for the broken de-
railer at the ID. T. Il /. crossing OF
West Jefferson-ave., where q Fort
ST., car was struck by q. freight train.
April IA. killing Is people. was plac-
ed on the ID. T. & I. by State Rail
road Commissioner Charles 8. CuiI.
bingham, Wednesday morning, In
Coroner Burgess inquest.
Mr.. Cunningham blamed the ID. T.
& ]. for failing to comply with the
commissions order OF Jan. 8. 1914.
that the derailer be repaired before
May OF that year.
Commissioner Cunningham was
the next witness. He said that the
commission has a chief inspecting
engineer. James Bice. whose duty
II Is to inspect safety devices at
crossings and report to the commits
sion.
There has been a division OF the
duties OF the commission" said Mr..
Cunningham. ITO me has fallen the
physical condition of the railroads.
Mr.. Hemans takes care Of the bonds
and the telephone companies; Mr..
Glasgow of rates.
Mr.. Cunningham said that a per.
NIT was given the D.. T. q I. rail
road on April 8. 1898, to cross the
tracks on West Jefferson-ave. An
interlocking and derailing device
was ordered at that time. the ex-
pense OF installation to be borne by
the railroad. that OF operation by
both the railroad and the d. u. r.
The order was signed by Sybrant
Wesselius, commissioner Of rail
roads.
March rs, 1911-13 years later
the interlocking device vas ap-
proved. Passenger trains were al.
lowed maximum speed of 80 miles
an hour; freight trains. 20 miles an
hour. II the device got out of order.
fiagman was to be stationed at
the crossing.
Where were street cars supposed
TO stop. II the derailer was out Of
order?" asked Mr.. Keidan.
Outside the derailer and soma
phore." replied Mr.. Cunningham.
. Mr.. Cunningham said that there Is
nothing in the state laws requiring
a street car conductor to exercise
more care than motorman at a
crossing.
On Jan. 6, 1914, a hearing was
held before the commission, In
which statement was made that
the derail had been out OF order for
q year.
Il found II out OF order on my
first inspection" said Mr.. Cunning
lam.
The interlocking device was or
dered put In good condition by May
/. 1914, and the D., T. q !. was or
dered to put a fagman on the cross
ing at once. The order was served
on Harry c. Bell. general manager
under the receivership.
"Mr. Bell now keeps q candy store
ON Woodward-ave.. north of Adams
ave." said the commissioner.
Mr.. Bell replied that the d.. T. n
|. had no contract with the d. U. X.
regarding repairs to derailers. The
commission replied that the D.. T. Il
I. must comply with the law, re-
CARELESS OF any lack of agreement.
who was responsible for keeping
the derailer In repair" asked Mr..
Keidan.
The D., T. q l. railroad" Mr..
Cunningham answered.
In the summer Of 1914. Mr.. Gun
njngham made two inspections OF
the crossing, and spoke to President
James NJ. Kurn about the unprotect-
ed condition Of about 10 crossings.
This. he said. was the last commun
ication between the commission and
the company.
IF the derailer had been repaired.
we would have been notified and Mr..
Bice would have inspected It."
so that you knew. from your lack
OF notification, that no repairs had
been nader"
Yes. sir"
why didn't you insist on the re-
pairs?"
II believe read you letter show
ing you that we did insist"
But nothing was done from Jan
uary. 1914, till few days ago!'
That Is right"
Mr.. Keidan read the penalty
clause of the law.
I'VE can't enforce that. That's up
to the attorney.general or the pros
ecuting attorney" replied Mr. Cum
bingham.
"Hsve you made any complaint to
either?"
mot that know Of"
do you know why the D.. 7. & l.
didn't maintain that crossing prop
erlyf"
Il believe they said It was be-
cause they didn't have the money.
"You know that's not legal ex-
cuse7"
Yes, sir"
why didn't you order gates at
that crossing?-
Because. IL the employees OF both