train would have had nothing except its order to meet and pass 29 there, which it presumably would have followed.

This is explained, we think, so as to clear Reed and his conductor Mahony from any responsibility for the accident. As No. 41 was a considerable distance east of the west end of the Irving siding, and as there were heavy grades and curves between that point and Summit it became necessary to notify the excursion train of the condition of No. 41 before it reached the siding, in order that it might stop there and be prepared to take the siding, if necessary. In order, therefore, to reach the excursion train in time, Reed was sent up to meet it on No. 37 This train having a time order for Summit could not stop to let Reed off and consequently he went to Summit. He there delivered his notice to both Brewer and Harrison correctly, as we have seen. There does not, therefore, seem to be any reason to charge upon him any fault for the accident. That confusion arose in the minds of Brewer and Harrison from his message was their fault and not his. Their principal misconduct was, that having become confused they did not take the side of safety, and adopt proper precautions before proceeding beyond Silver Creek. The right of 29 to pass 41 and proceed to Silver Creek under its order and under rule 100 cannot be questioned, and hence there is no responsibility on that train for the accident.

It has been charged that the telescoping arose from the fact that the baggage car and the smoking car were of different heights. The Board has not been able to ascertain that there is any truth in this, either from the officials of the road, under oath, or from such examination as could be made of the cars after the accident. From the manner in which the excursion engine mounted the engine of 29, it is probable that the forward end of the baggage car was depressed and the rear tilted up far enough to enable it to force itself over the platform of the smoking car.

The fact that the baggage car was empty and the smoking car loaded may also have had some effect. From the appearance of the forward platform of the smoking car it was obvious that the baggage car did not clear it when they came together, but that it forced itself over the platform of the smoking car, grinding and tearing away parts of it in its passage.

No censure can attach to the road or its officials for this occurrence, except the legal responsibility arising out of the negligent acts of the conductor and engineer of the excursion train. The orders given were clear and distinct and were ample to secure safety. The emergency which arose from the breaking down of No. 41 was provided for in the rules so as to have protected this train, had they been followed.

CONCLUSION.

The cause of the collision and of the consequent loss of life and injury to persons was the negligence and violation of rules and orders on the part of William H. Harrison, conductor, and Lewis Brewer, engineer.

By the Board.

LIAM

WILLIAM C. HUDSON,

Secretary.

ACCIDENT INQUIRIES.

Boston and Albany.

July 29, 1886.-At the highway crossing at Canaan, Lewis Silverman was injured. His horse becoming frightened as a freight train was passing, ran into the train and was killed, and Silverman's arm and leg were broken. Inquiry was made as to whether there were gates or flagman at crossing, and whether the view was unobstructed. The answer was that there were neither gates nor flagman, but an uninterrupted view. September 22, 1886.-A special engine with the pay car stopped to pay off a gang of section men, at a point about one-fourth of a mile west of the State Line tunnel; the payment had been completed and the order to go ahead had been given, when suddenly a local freight came around a sharp curve and ran into the pay car. All hands on the pay car jumped, with the exception of George H. Janes, assistant paymaster, who did not have time. The shock of the collision opened the throttle of engine of pay car, which ran away, until AssistantPaymaster Janes climbed over on to the engine and stopped it, just west of Canaan, after a run of between three and four miles. Janes was thrown down in the car and badly shaken up and head slightly cut. Inquiry developed the fact that the responsibility for this accident rested on the engineer of the freight train, who was running faster than schedule time. The schedule time was fifteen miles an hour, and the running time of the freight twenty miles an hour. The pay car was flagged, the men had been called in and the pay train in the act of starting. The distance which the pay car could be seen around curve was about 260 feet.

Bradford, Eldred and Cuba.

May 13, 1886.-A quarter of a mile east of the depot at Little Genesee, a rail broke under the tender of the engine of an express train and the entire train was turned over on its side. Mrs. Jane Knapp was cut in the head and shoulder, and Miss Lou Mayes hurt in back and stomach both passengers. In answer to inquiry, the president replied that the broken rail was a thirty-pound Trail, and had been on the track ever since the road was built; the ties and track were in good condition. The cause of the breakage was unascertainable.

Buffalo, New York and Philadelphia.

October 7, 1885.-William Painter, a tramp, was reported killed, just south of the Erie railway crossing, at Olean, while attempting to cross the tracks in front of engine. In answer to the inquiry

as to whether there were gates or flagman at the crossing, the general superintendent replied that Painter was not killed on or near the crossing, but was walking along the side of the track, a trespasser. Just before the engine reached him he attempted to cross to the other side, and falling between the rails, was run over.

December 7, 1885.- One and a quarter miles south of Holland, in a blinding snow storm, a freight train broke into two parts. After the first part had passed a crossing near by, D. Dubois, a farmer, attempted to cross, supposing that the whole train had gone by, but his sleigh was struck by the rear part of the train and broken up. He was bruised. In answer to inquiry, the company replied that the point was a country road, at which there were neither gates nor flagman, and both the highway and railroad were in a cut; trains cannot be seen very far from the track.

June 17, 1886.- As Michael McCarty stepped between moving cars on a private switch in the Olean yard, to pull out a pin to uncouple cars his foot was caught in a frog and one wheel passed over it. Inquiry brought out the answer that nearly all the frogs on that road as well as switches and guard-rails are blocked to obviate just such accidents, and that the work of blocking all is being prosecuted as fast as possible.

Cooperstown and Susquehanna Valley.

November 6, 1885.- A passenger train ran into the rear of a gravel train about half a mile north of Cooperstown Junction, while rounding a curve in a cut. The gravel train which had been working in the cut was moving out, and by reason of sand on the track moved slowly. The engineer of the passenger train tried to stop his engine, but it was down grade and the gravel train was overtaken and struck. Thomas S. Hall, who was on an empty gravel car, which was raised up by the collision, was thrown off and killed. Charles Sexton and Refenberg were injured by jumping from the train. Inquiry was made first, as to whether the gravel train was running on schedule time; second, if the gravel train was flagged; third, if an investigation had been made by the officers of the company, and if so, who was to blame; and fourth, if a coroner's inquest had been held, and if so, what was the verdict. The answer was that the gravel train was a "wild cat," in charge of R. D. Briggs, master mechanic and superintendent of track; that he had an understanding with the engineer of the passenger train to look out for him at that point and for that reason did not flag the train; this, however, the engineer of the passenger train denied. It was further asserted that Briggs mistakingly thought he had seven minutes more than he had. An investigation by the officers of the company resulted in their belief that Briggs was to blame, for knowing the schedule time he should have taken. greater precaution. The coroner's verdict was as follows: "That Thomas S. Hall came to his death on the 6th day of November, 1885, in a collision between the freight and passenger and gravel trains on the Cooperstown and Susquehanna Valley railroad, said collision being caused through the culpable negligence and carelessness of the superintendent, Russell D. Briggs, in not cleaning the track in time for the freight and passenger to pass."

Delaware and Hudson Canal Company.

March 26, 1886.— E. Kúapp, a brakeman at Quaker street caught his foot in a frog and it was run over. Inquiry was made as to whether the company had ever considered the advisability of putting blocks between the rails at frogs to prevent these accidents. The superintendent replied that the company, so far as he had knowledge, had never given the matter consideration. He had, however, but had never seen any device which, upon examination, he considered of any practical value.

April 23, 1886.- As passenger train No. 4 was approaching Green Island and at a point near the machine shop it was derailed by a misplaced switch; the engine crashed into some freight cars standing on a side track. F. Bradshaw and H. McGorty, who had either leaped or were thrown from the engine, were seriously injured. Inquiry was made as to whom the company held in fault for the misplaced switch, and whether the switch was interlocked, and if not, if the company deemed such interlocking at that point practicable and expedient. The reply of the company was that the fault lay with Joseph Cushing, the switch tender, whose sole duty it was to attend to this switch, who should have known that the switch was not right, and who had immediately upon the accident left for parts unknown. Further, that an interlocking switch was practicable at this point, and that such with a semaphore signal would be placed there and at other places.

June 2, 1886.- James Murphy, Nap. Chareau and Theodore Blair, were riding in a wood-pedler's wagon, which at Clifton street, Cohoes, was struck by the engine of a passenger train and they were slightly injured. In reply to inquiries, the company said there were neither gates nor a flagman at the point, and that the view was unobstructed, except on one corner where trains moving south cannot be seen by pedestrians moving westward.

June 15, 1886. William Johnson, brakeman, in drawing a pin when the cars were in motion, at the foot of McCarty avenue, Albany, fell under the trucks of the car and one pair ran over both legs and right arm. He died that day. Inquiry as to whether he was making a flying switch, and whether or not the accident was the result of the brakeman's own carelessness, brought the reply that he was making an ordinary switch and the accident was the result of his own carelessness, in attempting to uncouple two freight cars while in motion. September 15, 1886.- One mile east of Schoharie Junction, freight train 21 ran into the rear of freight train No. 23. Fireman Charles Beeten of train 21 received injuries from which he died. The cause was the fast and reckless running on the part of train 21. Inquiry was made as to the discipline administered to engineer and conductor of 21, and the reply was that both engineer and conductor were discharged.

Delaware, Lackawanna and Western.

March 29, 1886.- Elizabeth A. Andrews was struck by an engine while walking across the tracks at the Jarvis street crossing, Binghamton, and killed. In response to inquiries it was said that there were neither gates nor flagman at the crossing; that the view from the way

the train approached was unobstructed for one mile and that the bell was rung and the whistle blown.

June 13, 1886.-At the first crossing east of the Rochester and Pittsburg Junction, Mr. and Mrs. A. P. Hendee were killed, as well as the horse they were driving across the track when struck by the engine. In answer to inquiries the company said there were neither gates nor a flagman at the crossing at the time of accident, and the view was slightly obstructed by some apple trees. The crossing is flagged until six o'clock in the evening.

July 14, 1886.- William D. Storms was found by the crew of No. 21, on the track with his right leg cut off above the ankle, about one mile east of Corning, and was so intoxicated as to be insensible. He had been put off from passenger train No. 8 at Corning for being drunk and refusing to pay his passage. By what train he was run over is unknown. The coroner's verdict, a copy of which was sent for by the Board, recited that Storms came to his death by being run over by a train on the Delaware, Lackawanna and Western, and that the jury considered the conductor of passenger train No. 8 censurable for putting him off the train in the condition in which he was, at a place other than a regular stopping place, and that they would advise the company to have instructions printed for conductors informing them where they are to put people, not having tickets or paying fares, off the train.

September 10, 1886.- Charles Mason was killed at the main crossing in Cassville village. He was driving down a steep hill at a rapid pace and did not see approaching train until close to the track, and then attempted to drive across, and was struck by the engine. The company in response to inquiries said there were neither gates nor a flagman, and that the view of the track was obstructed until a point about sixty feet from the tracks, from whence trains can be seen for a long distance.

Geneva, Ithaca and Sayre.

February 2, 1886.- Charles White attempted to cross the track ahead of the train and was struck by the engine, breaking his arm, at the first crossing south of Van Liews. The company replied to inquiries that there were neither a flagman nor gates, and that the view was unobstructed for five hundred feet.

August 13, 1886.-Ada, Nina and Clarence Simpson attempted to drive across the tracks at the Willow Avenue crossing, Ithaca, in front of an approaching train and were struck and severely injured. The company replied to inquiries that there were neither gates nor a flagman at the crossing, and that the view was unobstructed.

Lackawanna and Pittsburgh.

February 24, 1886. At about one-fourth mile east of Mead's station. near Nile, train No. 16 was running about eight miles per hour; the back drivers of the engine left the track, and the engine and tender slipped down the bank sideways, and at the foot of the bank tipped over, the tender striking and instantly killing the fireman, Charles Graham. The general manager reported the track in good condition