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William Meyer, the flagman stationed at the Aag station south of Hyde Park, testified that after the “pick-up” train had passed, he looked south and could not see anything; that he then crossed the tracks and set the semaphore at danger; that he started to go back to his shanty on the other side of the track from the lever that sets the semaphore at danger, but that the way-freight was so close upon him that he could not but was obliged to stay on the east side of the track. He testified that the way-freight was running at least thirtyfive or forty miles an hour when it passed his shanty. He further testifies that it is his habit first to set the semaphore and then go back to the shanty and display a red light or red flag.

There is conflict of testimony both as to the rate at which the wayfreight train was running when it passed Meyer's shanty and as to whether Meyer had set the semaphore at danger before Engineer Munger had passed it. The probabilities are that Munger's train was going so fast that the engine passed the semaphore while it was at "clear" and that Meyer pulled the signal to danger while the train was actually passing.

Attention may be further called to the fact that Engineer Munger stated to the superintendent of the road that when passing the timeboard at the north end of the Poughkeepsie yard, his indicator had got out of order causing steam to rise in front of the window in such & manner that he could not observe the time stated on that time-board. In his sworn teştimony, however, Munger states that he did see the time and that it was 5.45 A. M.

The superintendent of the road concludes that Engineer Munger was careless in not observing the time-board and also in running at such high rate of speed when he should have been running more cautiously in approaching the Hyde Park station; that he was at fault and responsible. He has been discharged from the service.

It also appears that a watchman who should have been at Dugan's bridge, a point between the semaphore and Poughkeepsie, was not at his station; that if he had been at his station he would have indicated to Engineer Munger the close proximity of the train ahead. This watchman has also been discharged.

The Board is of the opinion that the levers to move the semaphore signals to danger or to safety should be on the same side of the track with the flagman's shanty, so that the least time possible may elapse between the passage of the train and the movement of the signal by the flagman.

ACCIDENT INQUIRIES,

DELAWARE AND HUDSON CANAL COMPANY. November 11, 1890 — G. Pettier, while driving across the track at Oneida street crossing, Cohoes, was struck and slightly injured. The Board made inquiry as to whether the crossing was protected or not. In reply, Superintendent C. D. Hammond said that there are gates located at this crossing, but owing to some misunderstanding, the man attending same did not close them until after Mr. Pettier had passed under.

January 21, 1891 – An employee was struck and injured by the bridge located a little north of Port Henry. Inquiry shows that the bridge was and is properly protected with bridge warning signals.

March 13, 1891 – A. H. Halenbeck, while attempting to drive over the tracks at Richmondville, was struck and killed by local freight No. 30; his wife, who was with him, was slightly injured. The company, in answer to a letter from the Board, stated that the crossing was not protected by either gates or a flagman, and the view is not entirely unobstructed, but in their opinion, by the exercise of ordinary caution, there ought to have been no difficulty in determining the fact that & train was approaching.

March 24, 1891 – B. Benedict while at work on top of freight No. 33, was struck and injured by bridge No. 64, between Oneonta and Otego. In answer to a letter from the Board, Superintendent Hammond said that bridge No. 64 was not protected with warning signals, as it had a clearance of eighteen feet four inches above the top of rail. The Board then mailed a letter to the company, recommending that there should be warning signals at all bridges where there is less than twenty feet in the clear above the top of rail.

March 27, 1891 - Fireman E. Pierce was instantly killed and six other employees injured, in a collision between trains Nos. 24 and 17, at a point one mile east of Wells' Bridge. The accident was investigated as follows:

April 8, 1891. C. D. HAMMOND, Esq., Superintendent Delaware and Hudson Canal

Company: SIR.- In the report of a collision at 3.30 P. M., March 27, 1891, one mile east of Wells Bridge, on the Albany and Susquehanna railroad, you say. that it was caused by train No. 24 running by its order to pot pass Wells? Bridge until arrival of train No. 17. Will you please inform the Board which train had the right of way previous to any orders being given. Also, whether the rule obtains with your conipany that a train shall not be ordered up on the time of a train having the right of way, until the train having the right of way shall first have received such order and shall have given the 0. K. thereto? By the Board.

WILLIAM C. HUDSON,

Secretary.

On April 11, 1891, the following letter was received in reply:

ALBANY, N. Y., April 11, 1891. WILLIAM C. HUDSON, Secretary, etc. :

DEAR SIR.- Replying to your favor of 8th instant, if my report referred to said train 24, it was an error, and should have been train No. 4. Train No. 4, east-bound, had the right of the road previous to any orders being given. I take pleasure in inclosing, copy of our general instructions. You will find rules regarding the running of trains by special order on page 31. I would call your attention to rule No. 133, under this head, which answers your further inquiry.

Yours, truly,
C. D. HAMMOND,

Superintendent. Rule No. 133 — "When trains running in contrary directions are to be moved toward each other by special order, the train having the right of road shall first receive the order and the ‘O. K.' before an order shall be given to move the opposing train, and the right to run shall be made certain, positive and definite, without regard to time.”

May 9, 1891 – Mrs. Margaret Page, while attempting to cross the tracks at Cobleskill, was run over and killed by freight train No. 31. Inquiry elicited the fact that the crossing was not protected, but the view was entirely unobstructed.

May 23, 1891 – James Kilran and Oliver Bonday, while driving on Barnes' bridge, Green Island, were struck and injured. Inquiry shows that the accident did not occur at a crossing, but on the bridge, and was caused by the driver's own carelessness.

July 10, 1891 – While Mrs. Lloyd was attempting to cross the tracks at Saratoga, she was struck and injured by train No. 43. A letter from the company states that Mrs. Lloyd was walking on track, some distance from a highway crossing.

July 16, 1891 - James Myers, an employee of a circus, was struck and kilied by a bridge, about one-half mile south of Sandy Hill. In answer to a communication from the Board, the company said that the bridge was protected with warning signals, and in addition to these, the man killed had been specially warned by trainmen regarding this particular bridge.

July 17, 1891- Courtland Herald, while crossing the tracks at Blood street, Ballston, was struck and killed by passenger train No.5. Inquiry shows that the crossing had no protection, but the view was unobstructed.

September 16, 1891 – The body of Charles Packard was found in car No. 11,838, in the yard of company at Lumber street, Albany. In reply to a letter from the Board, asking what action the coroner or other public authorities had taken in the matter, the company stated that they had not been informed as to the action of the coroner, who had been notified. The Board then wrote to the coroner for particulars.

DELAWARE, LACKAWANNA AND WESTERN. March 24, 1891 – Mrs. John Stensberger was struck and injured by passenger train No. 11 at East Buffalo, while driving with her husband and child. A letter from the company in answer to an inquiry from the Board, shows that the crossing was a private one, but both east and west the view was unobstructed for some distance.

LEHIGH VALLEY. October 15, 1890 – John Burkhart, an employee, was struck aud fatally injured by a bridge one mile east of Big Flats. Inquiry elicited the fact that the bridge was properly protected by warning signals.

LONG ISLAND. June 7, 1891 — William Baird while attempting to cross the track at Atlantic avenue was struck and run over by passenger train No. 918. A letter received in reply to an inquiry from Board, says that the accident did not occur at a crossing. Baird was walking on track.

MANHATTAN ELEVATED. December 8, 1890 – Passenger William Walsh of 1097 Third avenue, New York, fell or jumped from the Eighteenth street and Third avenue station platform to the track, and was killed by engine. From a copy of the testimony in the case the Board's opinion is that the unfortunate man met his death by accidentally falling or purposely stepping from the station platform to recover something on the track.

December 20, 1890 — The following letter was received with regard to the collision at One Hundred and Second street and Second avenue on the evening of December 13, 1890.

NEW YORK, December 20, 1890. Wu. C. HUDSON, Secretary, etc. :

DEAR SIR.— Referring to the collision which occurred on our Second avenue line, at One Hundred and Second street, of the evening of December 13, at 5.12 P: M., I have to report the following:. A train which had been laid up in the middle track at that point was being put in regular service, in order that on the return trip, a car of that train, which was booked for the shop, migut be more readily drilled therefrom.

Hand-switchman Reilly was detailed to allow this train, with engine 98, Engineer McGrath and Conductor Post, to pass from the center to the south-bound track, through a trailing-point switch at One Hundred and Second street and Second avenue, and at 5.10 P. M., immediately after a regular south-bound train had passed to a safe distance, he signalled to Engineer McGrath, engine 98, to go ahead, thinking that in all probability he would have sufficient time, prior to the arrival of another south-bound train, to have passed to a safe distance on the main line, but as the engineer was unable to pull out as rapidly as Reilly had anticipated, and as soon as engine 98 reached the south-bound track, he noticed a southbound main-line train approaching, which then appeared to be at about One Hundred and Fifth street, he immediately ran to the rear of the train drawn by engine 98, and taking one of the tail lights, stood on the southbound track at One Hundred and Third street and waved it at the approaching train, but inasmuch as the engineer of this train, Dalbec, engine 103, Conductor Troth, did not appear to be slowing up, he looked at the lamp he was waving and discovered that the light had become extinguished; he, however, remained on the track and shouted to the engineer, but he was then too near the switch to avert the collision, and engine 103 struck the first car of Conductor Post's train, at about the forward truck of the coach, derailing both engines and forward cars of both trains,

Had Switchman Reilly complied with the regulations laid down for his government, and provided himself with a red and white lantern, and seen that the south-bound track was at all times protected until the train, which he was taking out of the middle track, had passed to a safe distance on the main line, the accident would not have occurred.

Switchman Reilly has been in the employ of this company for the past eight years and had always been looked upon as a careful man.

Fortunately there were no employees or passengers injured in any way. A diagram showing the track and position of the trains at time of collision is herewith inclosed.

Respectfully yours,

F. K. HAIN,

General Manager. December 22, 1890 — The following letter was received, referring to the accident at One Hundred and Fifty-fifth street and Sixth avenue, on December 21, 1890:

New YORK, December 22, 1890. WM. C. Hudson, Secretary, etc. :

DEAR SIR.-I have to report that on Sunday, 21st inst., at 10.25 A. M., engine No.217, Engineer Dutcher, with the 9.52 a. M. train from One Hundred and Fifty-fifth street, Sixth Avenue line, when between Twenty-seventh and Twenty-sixth streets, the cylinder-head was blown out of engine on account of cross-bead key giving way.

While the engineer and fireman of No. 217 were disconnecting the engine, engine No. 179, Engineer Creveling, with the 10.19 A. M. train from Fifty-eighth street, ran into the rear end of disabled train, breaking both draw-bars of engine No. 179, breaking and bending the draw-bars of four coaches, and causing a detention to south bound main line trains of thirteen minutes.

There is no excuse whatever for this collision, and I have ordered Engineer Creveling, in charge of engine No. 179, dismissed from the service at once.

Respectfully yours,

F. K. HAIN,

General Manager. January 2, 1891 - Geo. C. Germain, engineer, F. Plant, guard, and M.J. Divers, guard, were injured, and Fireman Dewitt Kemmerer, killed, in a collision at One Hundred and Forty-eighth street and Eighth avenue. General Manager F. K. Hain, in reply to an inquiry from the Board wrote the following letter,

NEW YORK, January 3, 1891. WM. C. HUDSON, Secretary, etc.:

DEAR SIP..- I have to report that about 8.55 A. M., 2nd inst., during the dense fog which prevailed, a north-bound Sixth avenue train came to a stop at the distance signal just south of One Hundred and Fifty-fifth street station. The fogman on duty immediately went to the rear of the train to protect it, in addition to the rear guard who was on the rear platform with his red flag. At this time the second train approached and was safely flagged. The fogman then proceeded to the rear of this train and safely flagged the following or third train, and when approaching the rear of this train for the purpose of flagging the fourth train, he heard the crash of engine No. 265, which collided with the rear of the third train.

The platform of the forward car of the fourth train telescoped the engine cab, demolishing the same and fatally injuring Fireman D. Kemmerer, whó, I am informed, has since died. The engineer was but slightly injured.

Consequent upon this collision a line of trains was formed extending to One Hundred and Thirty-fourth street. The fogman on duty at that point was at his station, and as the last train stopped at that point he proceeded back and flagged the following Sixth avenue train, which was safely stopped. He then went to the rear of the Sixth avenue train and safely flagged another train following. Hearing still another approach he ran toward it, and when about 200 feet away from the rear of the last standing train, engine No. 36, Engineer Ryan, with Ninth avenue train reached him, and as it passed he waved his red lamp and called to the engineer to look

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