The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-07-31
Coroner's Jury Holds Mich
aeI Zazzaro Responsible
for Not Lowering Gates.
TRAGEDY AVOIDABLE
Accident and Deaths Resulted
from Failure of Flagman
to Lower Gates.

Michael Zazzaro, employed by the
Chicago and North Western railroad.
company as fagman at the intersection
of their tracks and Sheridan road, was
blamed for the accident on early Sun
day morning of July 20 in which Fred
Haenni and Fortunate Egger were Kill
ed and Arthur Younkins was SER
iously injured. The coroner's jury sit
ting at the investigation into the cir
cumstances of the accident Friday
afternoo held the crossing Waterman $
failure to lower the gates the direct
cause of the tragedy in which two lives
were lost.
The three men, all Kenoshans, were
returning to their homes from the Ae-
nosha beach and riding south on Sher-
idan road. AS they approached the
tracks they saw that the gates were
not down and believing that the way
was clear they drove forward on the
tracks where the northbound train,
due at Kenosha at 1915 a. M, crashed
into the rear end of their car. Haenni
and Egger were instantly killed and
Younkins was injured so seriously that
he had to be taken to the hospital for
treatment.
Inquest Last Monday.
The first sitting of the jury in the
inquest was on Monday afternoon, the
day following that of the accident.
Several witnesses were heard at that
time, including Younkins, the fiagman;
Michael Zazzaro, the engineer of the
train; Edward ]. Weber and other wit
nesses. Following the testimony given
ON Monday afternoon the corners jury
was unable to agree on a verdict and
expressed the desire to hear the stor-
les of additional witnesses who were
unable to be present at the inquest on
that day. To satisfy that desire the
inquest was continued until Friday
afternoon in order to get these addi-
tional witnesses to testify. Because
all of them lived in the state of Hi
nois. and because the coroner has not
the power to subpoena witnesses from
outside his state, it was necessary to
get dispositions of the testimony. These
were read at Fridays session of the
coroner's jury.
Evidence Conflicts.
The testimony heard yesterday in
Guided that Of Mrs. August Kicher and
her daughter, Katherine, of 419 Powell
avenue, Waukegan, and Edward Stein
man, 1888 S. Whipple street, Chicago,
and H. H. Rayner, Waukegan These
people were sitting in automobiles
which had been stopped at the APP
proach to the tracks to let the train
go past. They offered substantially
the same testimony as that brought out
by witnesses who had been heard at
the first inquest on Monday afternoon
with the exception of Mr.. Rayner. The
latter declared that at the time Of
the accident there were no other cars
near the scene of the ,ccident, and
therefore the excuse of the fagman
that the traffic was too thick to allow
him to put down the gates would have
been impossible. Rayner also said
that he saw no flagman at any time un-
til after the accident. The other wit
nesses, however, testified thatthey saw
fagman standing in the center Of the
street north of the tracks, and that
he was holding what they believed
might have been his stop-sign or his
lantern. All were positive that the
gates were not down.
Railroad Company Is Liable.
For nearly an hour on Friday after
non the jury deliberated on the. testi-
mony offered at the inquest. At the
end of that time they found "that Ed
ward Haenni and Fortunate Egger
came to their death on July 20, 1924,
when the auto driven by said Haenni
and in which said Egger was pas
senger was struck by a Chicago and
North Western railroad passenger
train, No. 486, at the Sheridan road
crossing, in the city of Kenosha.
THAT the gates at said crossing were
not lowered.
"That said gates were in usual work
ing order and might have been lower
ed.
"That if said gates-h had been lower
ed said accident would not have oc-
CURED and that said accident and the
deaths resulting therefrom were caus-
ed by the failure of the fagman en-
p1OIGQ ny odlQ ShlSdSO anu ANOA I'll
Western railway company to lower
said gates"
While Zazzaro's failure to perform
his prescribed duties was given as the
cause of the accident and the deaths
which resulted from it, the fagman
cannot be held personally responsible.
Under the law the railway company
is responsible for every act of its
agents while under it's employ, and
they assume all liability in the case,
it was pointed out by District Attorney
Morris Barnett.
At the inquest A. K Klein represent
ed the railway company and G. A. Nit
tlestead represented the estates Of
Haenni and Egger.