Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-06
Public Utilities Decision
On Death of Ernest Brown

The Maine Public Utilities Commits
sion has made public the following de-
cision in regard to the death of Ernest
Browne of Farmingdale, who was
struck by a passenger car Of the Lew
iston, Augusta & Waterville Street
Railway at about IL o'clock noon, Feb.
II, 1917, and received injuries from
which he died within a few hours. The
decision reviews the details Of the ac-
cident showing that
Mr.. Brown was one Of crew oper-
ating road machine on the main road,
just below the Pine Tree Stock Farm
in Farmingdale. going toward Gardi-
ner He was walking on the Street
Railway track just ahead of the
horses. He wore stocking cap pulled
down over his ears and an ulster coat,
with collar turned up.
freight train on the Maine Central
track, running near and parallel to the
electric track, passed the scraper
crew just a little ahead of the electric
car. The motorman, George +. Brown,
saw Ernest Brown some 400 or 500 feet
ahead, walking in the same direction
the car was going. He had an unob-
structed view Of him, OF the street crew
with which he was employed and Of
the freight train. He blew his whistle
oneor more times but did not sound
his gong. He describes what took
place as follows:
:, Il blew my whistle and Of course
! thought the man would hear the
whistle and try to get off the track.
When ! got somewheres about two car
lengths, 60 feet from the man, say he
didn't even turn round or look. didn't
try to get off the track I pulled my
reverse and used the power. 1t came
up to him, the fender struck him and
he rolled on the fender and then rolled
off and under the fender"
| The car was equipped with air
brakes and with sand and was in good
working order. The rails were Slip
perry, caused by frost or light snow.
! The conductor applied the air just be-
fore he hit Mr.. Brown and finally re-
versed his power but did not try the
sand, presumably for lack of time af-
ter he saw that the collision was immi-
nent. Whatevcr fault there was, If
any, seems to have been in the opera
ton of the car-not with its equipment
or condition.
| '
man has a right to assume that a per-
son walking along the road near the
railroad track will keep away from it;
that a person crossing the road toward
the track will stop before he comes
within reach Of an approaching car
! They ought not to step onto the track
without knowing whether a car is too
near to be stopped before it hits them.
He may assume that a person facing
the car, or one whom he actually
knows is aware of the presence OF the
! car, will step eff seasonably.
Y But if man is back to the car and
does not appea: to hear, he should not
assume that he does hear. The public
| has a right to he on street railroad
track located in the highway and car
approaching from behind should be
under sufficient control to stop II the
imotorman does not know he has made
! the pedestrian hear.
In this case the motorman had no
reason to think that Brown actually
| heard the whistle, or knew the car was
coming. Every circumstance was sucil
/ that he should have been on his guard.
He did not even continue his warning
signals until he knew that he had at
tracted the mans attention. Asked
why he did not sound his gong, ne
testified: Il thought if he couldn't hear
the whistle he couldn't hear the gong.
/ didn't have time to think OF
anything. / had less than minute
/ from the time l saw the man until
struck him" The car was simply per-
mitted to rush up onto him from be-
hind on the assumption that he would
do what he showed no signs OF doing
! The car should have been brought
under control before it would require
reversal Of the power to stop It, under
the conditions which were apparent TO
! the motorman and his failure to do so
was the immediate cause of the acct
dent. Dated Feb. q, 1917.