The increasing frequency of accidents to travelers crossing the tracks
at highways, one-third of which the country over are fatal, are caused
by the increased number and speed of trains, increase in the
population of the territory through which the roads run, by the
failure to always give the required signal of the approach of the
train, frequently by freight trains passing through stations at a
speed prohibited by Rule 6, by failure to have gates or flagmen at
crossings where they are needed, by failure of gatemen and flagmen,
when provided, to properly perform their duties on account of
ignorance or carelessness, generally the former; but chiefly is the
increase caused by failure on the part of the persons crossing the
track to exercise any care whatever. Gates and flagmen are generally
disregarded by adults and, as a natural consequence, by children, and
the result is death and injury. I think that as a matter of dollars
and cents it would be profitable to the companies to increase the
number and quality of flagmen and have greater supervision given to
this class of the service, as it seems to me a self-evident
proposition that the lower the grade of labor the more supervision
there is needed.
Among the many cases of this kind, I have selected some which will
illustrate the matter. They are selected for the purpose of calling
the attention of employees to accidents which might be avoided by the
exercise of care on their part, and do not include any cases caused by
such negligence on the part of the person injured as should bar a
recovery.
Herbert Janson, wife, daughter, son and George Griffith killed;
Morris Peck and Henry Blume injured, December 18, at 9:00 p.m.,
while driving across the tracks at Haskell; caused by sleigh being
struck by engine running forty miles an hour. Headlight not
burning, as required by Rule 55. No flagman at this crossing at
night.
H. S. Sorner, who was riding in an automobile across the tracks at
Morton, April 14, was struck by engine; automobile was demolished
but occupants not seriously injured. No gates or flagman at this
crossing.
Jacob Reich and Elbert Harris struck and killed while driving on
13th St., Montgomery, May 29, at 5:30 p.m., by engine. Gates up.
The piano wagon on which these men were riding was demolished as
well as the piano, and the horse killed.
K. L. Manson, injured, rural mail carrier, struck by switch engine
No. 869, at Woodmont Ave., Custer, June 12. There are gates at
this crossing, but they had not been operated for a year on
account of being out of repair.
Gertrude Schiff, aged sixteen years, and Gustave Schiff, aged
twenty years, were injured while driving across the tracks at
first crossing east of Granton, August 9, at 6:35 p.m., by being
struck by engine. No whistle was blown for the station and bell
not rung. The station employee, whose duty it was to be on the
crossing to flag same when trains were passing, had left there
only an instant before the accident in order to go to the station
house to assist in loading and unloading baggage for another
train.
H. L. Connors, driving across the tracks near Lowell, November 18,
was struck by engine. No whistle sounded or bell rung for the
crossing. Whistling post not in right place.
M. A. Graves, while crossing the tracks at 9th Avenue and Wilbert
street, Ontario, May 8, was struck by switch engine. No one on the
engine knew that the accident had occurred.
Edward Langdon struck and killed by engine at 7:21 p.m., August
6, at Water and Orchard streets, Berlin. No one on the engine knew
that an accident had occurred; train traveling twenty-five miles
an hour. Ordinance provides speed limit of twelve miles an hour;
gates at this crossing, but not in operation. If Rule 6 had been
complied with this accident would not have occurred.
Wagon belonging to the Empire Novelty Company struck at Calkins at
9:37 a.m., October 29; wagon and contents badly damaged. Flagman
at crossing claims to have been sick at the time of the accident,
was in his shanty sitting down. He could not speak or understand
English. Driver injured.
Many of these crossing accidents occur and no one on the engine knows
that they happen. Whether it is because of the kind and position of
the headlight now used or because the men on the engine are not
keeping a proper lookout or by reason of the recent manner of
construction of the large engines, making it impossible for the men in
charge always to see an object on the track, I do not know, but I
notice that some of the Class G-9 engines have the air cylinder and
pump on top of the running board. While riding on a train the other
day, I asked an old runner whether they obstructed the view. His
answer was an object lesson. He took his hat and placed it in front of
the window opposite which I was riding and asked me if that obstructed
my view. The cylinder could, I think, be put on the tank and the pump
below the running board, which is now made wide enough to hold a
political meeting on. Formerly they were narrow, just wide enough for
a man to walk on, the old theory of construction being, as I
understand it, that there should be nothing protruding from the sides
of the boiler which would prevent the man in the cab seeing the
bunting beam. If it were practicable to so construct the running
boards and place air cylinders, pumps, etc., so that this could now be
done, the engineman would certainly have a much better chance to see,
and possibly some of these accidents be avoided.
And while the public insist upon our running trains at a high rate of
speed and guarding the crossings with gates, flagmen, or warning
bells, they, at the same time, for some inexplicable as well as
unconscionable reason, attempt to hold railroads liable for all deaths
and injuries, no matter how great the care and foresight the companies
have exercised, or how gross the neglect of the injured party. It
therefore behooves us to do everything possible to prevent such
accidents, not only that we may thereby save life, but also money.
If gatemen and flagmen were uniformed and given authority to arrest
persons crossing the track when gates are down and a penalty provided
and enforced against people attempting to cross or walk upon a
railroad track when the gates are down or they are warned by a
flagman, accidents at crossings would be greatly reduced. As it is now
the public compels the erection of the gates and then almost
universally disregards them.
Before leaving this subject of accidents at highway crossings I want
to call attention to Rule 12, which says that when cars are being
pushed by an engine (except when shifting or making up trains in
yards) a flagman must be on the leading car, and Rule 9, which
requires that when cars are being switched over highway or street
railway crossings a man must be stationed on the ground to act as
flagman. Too much importance cannot be placed upon the observance of
these rules, not occasionally, but always. If employees would comply
with them fewer people would be injured. Try it and see.
In municipalities, run as slowly and carefully as you can and see that
the engine bell is always ringing. Rule 3. Freight trains in going
through stations should reduce their speed and do so under control, as
per Rule 6. The fireman, as well as the engineman, should be on his
seat keeping a lookout, and not engaged in waving a signal to some one
on another train or elsewhere, or putting in a fire, and the engineman
should see that he does this. On the double track when you are going
to meet another train at a crossing, try to get the engine over the
highway before the tail end of the other train gets by it. If you
can't do that, slow up a little, so as to give the people who may be
waiting a chance to see you, and, if you think there is danger, open
your whistle to let them know that you are coming; that is what the
whistle is for.
In the country be sure to sound the whistle; not once, but four times
as required by Rule 2, and see that the bell is kept ringing until the
crossing is passed, at dangerous and obscure crossings where you can
neither see the travelers approaching nor they you; if you are running
at a high rate of speed, sound the whistle before you get to the post,
as well as at it. The law requiring the giving of this warning eighty
rods from the highway was enacted when few trains exceeded twenty-five
miles an hour. Now, when few passenger trains make less than forty,
and many over seventy, in the open country, so little time elapses
between the sounding of the whistle and the reaching of the highway
that when possible more timely notice should be given.
And I want to say here that one of the difficulties met with in this
class of cases, is the fact that sometimes engineers fail to blow the
whistle and ring the bell, and as long as men are human I suppose such
things will happen; but let us commence now and try to do it every
time. The greater the storm of rain, snow, or wind, the denser the
fog, or the darker the night, the more important it is to give the
warning. In most of the states the law provides penalties for failure
to sound whistle or bell. Some day they will be enforced.
If there is any way to discover whether the engineman and trainmen are
observing the signals, which are located along the track for the
protection of the passengers, other employees, travelers on the
highways, themselves, and the property in their care, other than
having inspectors observe their action on approaching signals, and
ascertain if they give the required warning of their approach to
highway crossings, etc., and you will advise the managements what it
is, I am sure they will be glad to adopt such a plan. It has always
been customary to have auditors examine the accounts of officers and
agents handling money to see that not only are their accounts correct,
that the money collected is remitted, but also to ascertain if the
business of the company is done in accordance with the rules and a
correct record kept of the transactions. No one for an instant thinks
that the fact that the officers' and agents' accounts are examined is
any discredit to them; most of us are not only willing but anxious
that it should be done, as it is a protection to us as well as to the
company. And if it is necessary to check up the officers and agents
who handle money, is it not much more necessary to check up men who
handle human beings and property of immense value, to see that they
observe signals and rules before, instead of after, an accident?
And as it sometimes happens that an engineman will not notice that his
headlight has gone out, especially when there is snow on the ground,
any employee who sees an engine moving after dark without the
headlight burning should stop it and tell the engineman; if you can't
do it yourself call up the train dispatcher, so he can do it at the
next station.