The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-04-02
BLAMES DRIVER
FOR ACCIDENT
Coroner's Jury Places the
Blame for Death on
Joseph RUtkowski.
DISREGARDED SIGNALS
Deposition of Dead Man En-
tiers Inquest as Testimony
on Crash Is Given.

Declaring that Joseph Rutkowski,
driver of the sedan which was struck
by north bound freight train at the
Garden street crossing at the North
western railway on the evening of
March 20, was at fault in the accident,
a coroner's jury on Friday AFTERNOON
placed the blame for the. entire acct
dent on the shoulders of the driver,
now dead.
Joseph Rutkowski died at st. Cath
crimes hospital on the evening of the
tragedy, while Theophilus Rusczky of
Racine, a brother-in-law, died on
Thursday from the shock and injuries
incident to the crash. Two others who
were in the crash, John Rutkowski
and Albert Rusczky, both sons Of the
dead men, are still at the hospital re-
operating from their injuries.
Hear Train Crews.
Testimony was heard by the coro-
ner's jury from the engineer, fireman,
brakeman, and other members of the
train crew, as we'll as the fagman on
the crossing. One of the most inter-
estinr bits of evidence introduced was
that of Rusczyk, who died on Thurs
day. Coroner Joseph Friend went to
st. GATHERINGS hospital early on that
day when it was seen that there was
not much hope left for the recovery
of the injured man. In short spells
of consciousness the coroner was able
to get the following version from him
as to what happened prior to the acci-
dent:
"We were going east on Garden
street." breathed the dying man be-
tween gasps, "and as we came near
the tracks / see fagman on west side
Of tracks. He make sign with lantern
for us to stop. Freight train go by.
He make another sign with lantern
and we think he tell us to go. Did
not see train that hit us because big
box car in way and station there too.
Station in middle of tracks" And
that was all that the coroner was able
to get from the only occupant of the
car from whom testimony could be
taken.
Rode On To Tracks.
George Fries, Ralph GagSn and
Christian Madsen, all of Milwaukee,
and members Of the train crew of the
freight testified to the effect that the
autom obile seemed to drive right on
to the tracks in the direct path of the
train, which at that time was going
from 15 to 10 miles per hour. They
testified that they first saw the car
when the engine was ten feet from the
Garden street crossing. Two of the
men told how they went back to the
scene of the accident and helped re-
move the bodies to the police ambu-
lance which rushed them to st. Cath
crimes hospital.
DR.. H. A. Robinson described the in
iuries of the victims. Rutkowski, he
declared, died of a fractured skull,
while Russczky died Of shock.
The two fiagmen on the crossing al
so told their story. David Sampson;
according to his testimony, stands
watch over the switch tracks. He de-
clared he saw the car approaching
from the westN and signalled to it to
stop, but it kept right on coming, dis
regarding his signals. He had to step
out of the way to save himself and
then saw that "he (the driver) was
roinr to get it" by the freight train.
He was insistent that his signals
would have stopped "any driver who
wasn't blind" The fagman on the
east side of the crossing, watching
over the two main tracks, John Gaden,
gave substantially the same testimony,
showing that he too was Naving his
signal lantern to the car to make it
stop.
No Odor On Breath.
officer Perry Tusler told the jury
of the work of the police in answering
the call with the ambulance and taking
the injured to the hospital. None of
the witnesses were able to testify that
there was any evidence of liquor in
the accident, either in the car or
among the victims.
Coroner Joseph Friend declared
after the inquest that he was tracing
down an alleged suicide clew in the
death of Julius Eckfeld whose man
eled body was fourd at the side of
The Northwestern tracks near Balm
station on Wednesday afternoon. The
man was seen trying to cut himself
with piece of glass, it is believed,
and the coroner is attempting to dis
cover whether the man might have
thrown himself against the train to
complete the job. This testimony, it
is expected, will be brought out at the
inquest which will be held in the
municipal court room on Tuesday