Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-01-09
No Protection at Gate Where
White Was Killed, Newport

\ decision rendered by the public
utilities commission Saturday in the
matter OF the accident on the prem
Sos OF the Maine Central railroad at
Newport Junction Nov. &c last which
resulted in the death Of Marccllus Z.
White say that the gate which pro-
tactod this particular crossing extend
81 across the high way only and no
protection was given to the sidewalk.
"Marcclius +. White OF Newport,
aged G3 years. was struck by Maine
central passenger tram No ,, about
9.o5 l.. NJ. Nov. Is, 1921, at Elm street
crossing in Newport, and received in
juries from which ". died in a few
minutes" says the decision Of the pub
lie utilities commission.
Elm street crossing in Newport is
protected by gate and the gate at
this point had been lowered by Gate
man Arthur i. Soulc, on the evening
Of the accident. to- protect this cross
ing against the approaching train
continues the decision.
MIR. White was returning to his
homo from his duties as fireman and
caretaher Of the banh Yiock. 10 reach
his home he was obl,gcc to cross the
Maine Central tracks near Elm street
crossing. The Eateman. Mr.. Soule. after
lowering the gate, had stepped back
some Is or 90 feet from the gate
.taud, and Mr.. White as he came
slong passed by Mr.. Soule. Cateman
Saule did not make any particular ef-
fort TO stop Mr.. White. but states that
lie assumed that Mr.. White knew of
the approach of the train. as the gate
was then lowered across the road and
the train had whistlcd for the cross
ing.
"The gate-staud on which the gate
that protects this crossing is operated.
IL located between the highway road
and tho sidewalk, 50 that the sidewalk
~ not protected oven when the gate
is swcrcd. MIR. White passed along
the sidewalk by the end of the low
cred gate and went upon the track
directly in front of the approaching
ira IN,
1T rs not definitely known whether
Mr. white was aware of the fact of
the approaching train and the Conse-
aucnt danger that he would incur if
lie attempted to so over the track at
that time or whether he failed en-
tirolv ~ notice the train and 20 appro-
bend the danger that he was mourning.
There seems to be no reason why Mr..
White should not have been aware Of
hts danger in view Of the fact that
ln.tCre1 OH
Mav and the train had whistled for
the crossing. and Mr.. Soule. the gate
man. states that he assumed that Mr..
White DID have knowledge OF the sit
uatiou.
Although It is evident that Mr..
white failed "a exercise the due care
which pc was bound 10 exercise and
which lad he done 50 would have pre-
vented this accident. nevertheless It
seems Co US that Gatcman Scule was
fcmiss IN tho fun performance of his
duties ~ n protector Of this crossing
~ permitting Mr. White to pass along
hy him on the sidewalk without spe-
,ially warning him and calling his at
tention 10 the danger.
As has been stated. the gate which
protected this particular crossing cx-
tended across the highway only, and
no protection was given 10 the side
walk. We recommend that an attach
mcut hc placed on this gate so that
whom the gate Is lowered this alta ch-
meut or arm viii extend across the
sld"walk thereby giving protection to
'taNclers upon the sidewalk. as we'll
a. uron the highway road"