Evening capital news. (Boise, Idaho) 1901-1927, 1919-12-09
Mold ACCIDENT
DUE TO TA0RNH|LL
NOT EXERCISING CARE
Board Of Inquiry Investigating
Collision Between Train and
Auto ct Beatty Holds Against
Gar Driver.
WARNING SIGNALS GIVEN
Train Running on Time at Bate
Of so Miles an Hour Nov. 8
When Accident Happened
Roads Slippery.
WARNING SIGNALS GIVEN

The board of inquiry that investigat-
ed the collision between an automobile
driven by Ernest A. Thornhill and an
Oregon Short Line train near Beatty
station November 8, Monday completed
its findings in which it is held Thorn
hill did not exercise reasonable care
to avoid it. The board was made up
Of N. D. Stevens of Boise, representing
the public; w. T. Ennis, trainmaster OF
the o. s. L., Nampa; E r. Lambert
roundhouse foreman, Nampa, and l..
Rasmussen, claim adjuster, Pocatello
and is signed by them. 1t Is as FOL
lows:
THE undersigned, board of in
curry, convened at Boise, Idaho, No
vember 6, 1919, for the purpose OF in
vestigatinS above noted accident, find
hearing all available testimony, find
as follows
That train No. ia, consisting of en-
CINE No. 1011, baggage car No. 1912,
smok ing car No. col and coach NO. 673,
in charge of Ike Gumport, conductor.
Ernest r. Kenneke, brakeman, Howard
NJ Martineau, flagman, Joseph T.
Hennessey. engineer and Dan Mc1n-
tosh, fireman coliided with a Buick au-
tomobile. Idaho 1919, license No. 5s42
on crossing 13.SS-13.99, Boise branch,
near Beatty, Idaho, about II: 05 a. m.
November ., 1919, resulting in injuries
to the occupants Ernest A. Thornhill,
the owner and driver, and Ida +.
Thornhfll, his wife. The machine was
entirely demolished.
CLAIM WARNING GIVEN.
THE testimony of the engineer and
fireman shows that the train was run
ming on time at speed of about 30
miles an hour, on straight track,
slightly descending grade. When pass
ing the whistling post, ne-quarter
mile from the crossing the engineer
commenced sounding engine whistle
two long and two short blasts, which
were spaced so that the last blast
ceased about two hundred feet from
the crossing. The engine bell was
started and continued by means of an
automatic ringer until train came to a
stop after the collision. The automo-
bile approached the track from the
left. The fireman states that he was
on the deck shoveling coal, having ex-
perienced some trouble in keeping up
steam, and did not see the machine
until it was almost on the crossing, at
which time the engineer also saw 1t.
and Immediately applied brakes in
emergency. The testimony of the train
crew corroborated the engine crews as
to sounding of the whistle and ringing
of the bell; none of them witnessed the
accident
ROAD WAS SLIPPERY
Ernest A. ThornhilI testifies that
he was driving the automobile, a left
hand drive, with his wife seated on the
same seat on his right. The machine
was IN intermediate gear, running at
an ordinary rate of speed. He claims
that. owing to mud and tho roadway
being slippery, some trouble was ex-
psrienced in steering, and at no time
did he see or hear the train until the
machine vas on the track when the
engine was only a few feet away.
other persons who were near the
crossing state that they saw the train
but claim they heard no warnings
sounded. Their testimony agrees with
the engine and train crew as to speed
of train and other details.
The roadway crosses the track at
right angles. The crossing is protected
by standard sign located to right of
roadway and left side of track as auto
mobile and train approached.
HOLD AGAINST THoRNHILL
The crossing has four planks. one
on each side of each rail with earth
filler between the two inside planks.
The track is on a fill about two feet
high with gradual approaches Owing
( to stormy weather a few days prior
to the accident, the crossing and ap-
proaches were muddy and slippery,
otherwise. in good serviceable condi-
ton. The right of way is 200 feet wide
with track in the middle. The right of
way was more or less covered with
grass, weeds and some willows, but
from a distance of twenty five feet
from the track there was a clear unob-
structed Niey of the train for more
than a lniie. The weather was clear
with no wind.
Our conclusions are that the acct
dent was due to the failure of the occu-
lants of the automobile, particularly
tho driver, in not exercising reasonable
care as the machine approached the
rsilroad crossing, he sbeing familier
with the physical conditions existing