In re Investigation of an accident
which occurred on the Union Pacific Railroad at Bushnell,
Nebr., October 23, 1916.
On October 23, 1916 there was an accident on the Union Pacific
Railroad at Bushnell, Nebr., Involving a headend collision
between eastbound and westbound freight trains at the switch
leading from the eastbound main track to the passing track,
the wreckage being struck by a westbound passenger train.
This accident resulted in the death of the head brakeman of
the eastbound freight train and the fireman of the passenger
train, and the injury of 21 passengers and 4 employees An
investigation of this accident was held in conjunction with
the Nebraska Railway Commission, a hearing being held at Cheyenne,
Wyoming, on October 27, 1916. As a result of this investigation
the Chief of the Division of Safety submits the following
report.
This part of the Union Pacific Railroad is a double track
line, train movements being protected by an automatic block
signal system. The passing track at Bushnell is located between
the two main tracks, and at each and is connected with them.
The switch points at the western end of the passing track
are 30 feet east of automatic block signal 4636, governing
the eastbound main track. Automatic signal 4644, the first
eastbound signal west of signal 4636, is located 4290 feet
west thereof. Approaching the point of accident from signal
4644 there is a curve of 30 minutes leading to the left, 1,500
feet of tangent and a curve of 1 degree 30 minutes to the
right, about 1,500 feet in length, the eastern end of the
curve being about at eastbound signal 4636. The grade for
nearly one-half mile west of signal 4644 is about one-half
per cent descending for eastbound trains, this grade continuing
to a point about 1,500 feet beyond the signal. This is followed
by about 1,100 feet of slightly descending grade and 700 feet
of slightly ascending grade, beyond which point the grade
begins to descend, being about .35 per cent at the point of
accident. Approaching the point of accident from the east,
the first automatic block signal is signal 4625; this signal
is about 4,000 feet east of westbound signal 4633, which is
located 850 feet east of the point of collision. Beginning
at signal 4625, the track is on a curve to the left of a degree
for a distance of 2,300 feet, beyond which point it is straight
up to the point of accident, Practically all of the 1-degree
curve is on a grade of nearly one-half per cent ascending
for westbound trains; it is then only slightly ascending until
within a short distance of signal 4633, and is then about
.35 per cent ascending to the point of accident. As practically
all the buildings of the town of Bushnell are located on the
north side of the track, and as there are no cuts or trees
on the inside of any of these curves, the view of signals
is entirely unobscured, and under favorable conditions they
can be seen for several miles. At the time of the accident
a light snow was falling.
Westbound freight train 6th No. 255 consisted of 55 cars and
a caboose, hauled by locomotive 2875, and was in charge of
Conductor Sullivan and Engineman Jackson. It left Kimball,
Nebr., at 9.45 p.m., 11 hours and 15 minutes late, and on
its arrival at Bushnell, 11.7 miles west of Kimball, headed
in on the passing track and came to a stop near the western
end of the same, at about 10:25 p.m. Locomotive 2875 was then
uncoupled from the train, pulled out on the eastbound main
track and backed easterly to the water tank, about 1,600 feet
east of the switch. The switch leading to the eastbound main
track had been opened by Brakeman Moyer, and as soon as he
lined the switch for the locomotive to back down the eastbound
track he started west to flag any eastbound train which might
approach. After water had been taken, Engineman Jackson started
to pull ahead toward the switch for the purpose of backing
in on the passing track and coupling the locomotive to the
train. When the switch had been nearly reached, the headlight
of the locomotive hauling eastbound freight train 1st No.
254 was seen to be very close, and an effort was made to get
locomotive 2875 off the main track. The fireman opened the
switch and the locomotive had backed about one car length
clear of the switch points when it was struck by train 1st
No. 254, switch not having been closed.
Eastbound freight train 1st No. 254 consisted of 65 loaded
cars and a caboose, hauled by locomotives 1907 and 207, and
was in charge of Conductor McGnaughy and Enginemen Richardson
and Ross. It passed Smeed, 4.9 miles from Bushnell, at about
10.34 p.m., nearly four hours late. Approaching Bushnell it
passed automatic signal 4644 in the caution position, also
Brakeman Moyer, who was at the eastern end of a bridge more
than 1700 feet from the switch, giving stop signals, passed
the home signal, No. 4636, which was displaying a stop indication,
and, entering the passing track, collided with locomotive
2875 while traveling at a speed estimated to have been about
20 miles an hour, this accident occurring at about 10.42 p.m.
Locomotive 2875 was driven backward about 150 feet, at which
point it was derailed, together with the two locomotives of
train 1st No. 254. The first 14 cars of coal on the head and
of train 1st No. 254 piled up immediately in the rear of the
locomotives, blocking both main tracks. Immediately after
the collision, the wreckage was struck by westbound passenger
train No. 7, known as the Los Angeles Limited. This train
consisted of 1 baggage car, 2 tourist sleeping cars, 1 dining
car, 4 standard sleeping cars and an observation car, hauled
by locomotive 2897, and was in charge of Conductor Hastings
and Engineman Ulrich. It passed Kimball at *** p.m., 13 minutes
late, passed Bushnell station, about 1,450 feet from the point
of collision, at 10.42 p.m., and collided with the wreckage
while traveling at a speed estimated to have been about 50
miles an hour, As a result of this second collision locomotive
2897 was thrown down the embankment on the right side of the
track, while its tender broke away and was turned in the opposite
direction. The baggage car came to rest on its right side
with its forward end across the westbound main track and its
rear end down the embankment, where it crushed in the left
side and bottom of the first tourist sleeping car, which was
resting at the foot of the embankment on its side. The rear
end of this tourist sleeping car crushed in the side of the
second tourist sleeping car, which came to rest with its head
end across the westbound track and its rear end down the embankment.
The dining car came to rest on its side, with the forward
end down the embankment and the rear end also across the westbound
track. The first standard sleeping car, the fifth car in the
train, was derailed but remained upright on the roadbed and
escaped serious damage. Locomotive 2897 was quite badly damaged,
as was the case with the first four cars in the train. The
dining and baggage cars were of all-steel construction, while
the tourist sleeping cars had steel underframes and ends,
with wooden superstructures, finished on the outside with
metal sheathing, The locomotives on both westbound trains
were equipped with electric headlights of 2,000 candle power.
The leading locomotive of train 1st No. 254 was equipped with
an acetylene headlight of 500 candle power. All of these headlights
were burning at the time of the accident.
Engineman Jackson, of train 6th No. 255, stated that when
his train stopped on the passing track at Bushnell the locomotive
was cut off, the switch leading to the eastbound main track
was opened by the head brakeman, and he pulled out on that
track. The switch was then closed and he backed the locomotive
down the eastbound track to the water tank, while the brakeman
was sent west to protect by flag against eastbound trains.
He did not whistle out a flag in either direction, and also
said that he had not said anything to the conductor about
taking water at this point. During all of these movements
the electric headlight on his locomotive was burning. the
first he saw of the headlight of train 1st No. 254 was after
water had been taken and when his locomotive had reached a
point about half way between the water tank and the switch.
At that time he asked the fireman if he could see any sign
of an approaching train and the fireman replied that he thought
it was a light out in the country. Engineman Jackson said
that he then crossed over to the fireman's side and, on looking
ahead, remarked that there was a train in the vicinity of
Smeed. He then began to hurry, and the fireman jumped off
at the switch as the locomotive passed it, opened the switch
and he then started to back into the passing track. He had
gotten about one or two rods inside of the switch points when
the collision occurred. He thought about 10 minutes elapsed
between the time the locomotive cut off and the time of the
accident, and that train No. 7 collided with the wreckage
within a second or two after the collision. Engineman Jackson
also stated that the fireman got off on the right side of
the locomotive, the switchstand being between the two main
tracks, and that he saw the fireman try to close the switch
after the locomotive had backed clear of the switch points,
but he thought the fireman did not have time to close it before
train 1st No. 254 approached. The last he saw of the fireman
was when the latter took hold of the switch lever. He stated
that if the fireman had succeeded in closing the switch the
trains would not have met head-on, but he thought that possibly
train 1st No. 254 would have cornered his locomotive. After
the accident he asked the fireman why he did not close the
switch and stated that the fireman told him that the approaching
train was so close that he could not have done so without
endangering his life.
Rule D-152 reads as follows:
"When a train crosses over to, or obstructs the other
track, unless otherwise provided it must first be protected
as prescribed by Rule 99 on both directions on that track."
Engineman Jackson stated that under this rule the movement
should have been protected by flag in each direction before
the movement was made, and that he failed to observe the rule
by protecting in one direction only, and also by not being
protected before the movement was started. Under the circumstances,
however, he thought he was justified, saying that he looked
and that he could have seen any train approaching from the
west when it was several miles distant. he said that he also
listened for the roar of a train. He also said that the snow
did not obscure the automatic signals and that he did not
have any trouble in observing them or seeing lights at the
rear of his train of 55 cars.
Head Brakeman Moyer stated that he cut off locomotive 2875
from the head and of train 6th No. 255, about 20 car lengths
from the switch, and rode up to the switch, opened it, and,
after the locomotive had pulled out on the eastbound track,
closed the switch so that the locomotive could back down to
take water. After the locomotive started to back down the
main track he walked westerly and when he had gone about 10
car lengths he saw the headlight of the leading locomotive
of train 1st No. 254, apparently about 2 1/2 or 3 miles distant.
He went toward it and placed one torpedo on the rail about
25 car lengths from the switch; after this, he heard the train
sound the station whistle and he then began to run. He tried
to light a fusee, but was unable to tear off the cap, and
when train 1st No. 254 came around the second curve west of
Bushnell he was near the second bridge beyond the switch and
began to give stop signals with his red lantern. He stated
that at this time the approaching train was about 15 or 20
car lengths west of the bridge and that no acknowledgement
of his stop signals had been given. he stated that he went
back as far as the eastern end of the second bridge, or about
1,700 feet from the switch, and that he then got off the track,
on the engineman's side, to avoid being struck, the train
passing him at a speed of about 30 miles an hour. He did not
see the engineman on the leading locomotive, or any of the
engine crew on either locomotive, as train 1st no. 254 passed
him, and said that there was no fire flying from the brake
shoes and no apparent indication that any application of the
air brakes had been made. brakemen Moyer further stated that
when going over the road he had had no difficulty in observing
signals given from the rear of the train, and that he had
no difficulty in observing the block signals. When he was
out flagging he saw signal 4636 in the stop position. He did
not, however, observe the position of the distant signal,
as he did not go beyond the bridge. He said the signals did
not go to the clear position at any time after locomotive
2875 started for water, and that when he returned to the scene
of the accident he found the switch lined for the passing
track, Brakeman Moyer further stated that the engineman told
him to open the switch and that he did so, and that the locomotive
moved out on the eastbound track without any flag protection
in either direction. He said that the engineman did not whistle
out a flag in either direction and did not say anything to
him about protecting before occupying the eastbound track.
He said that the manner in which this movement was made and
protected was the usual manner of making and protecting such
movements. He also said that he should have gone out to flag
at once and that the switch should have been opened by the
fireman afterwards.
Fireman Harvey stated that after taking from one-third to
one-half a tank of water the locomotive was proceeding westerly
for the purpose of coupling to the train, and when about 200
or 300 feet from the switch he saw the eastbound freight train
approaching. He was not positive how far away it was, but
thought it had passed the caution signal. As his locomotive
ran by the switch he dropped off to open it, the locomotive
coming to a stop about 30 feet beyond the switch points. He
stated that while at the switchstand he did not see the headlight
of the approaching train, although he knew it was in the block,
until a second or two before the collision occurred; there
was then no time for him to close the switch. In his endeavor
to close the switch he unhooked the lock and took hold of
the switch lever, but the forward trucks of his own locomotive
were still on the switch points and the other train was too
close. He did not remember what he did between this time and
the time he found himself 50 or 60 feet from the switch, over
in the field, north of the locomotive of train No. 7. he did
not observe the approach of train No. 7, and the first he
knew of its presence was after it had collided with the wreckage.
Fireman Harvey also stated that he heard Engineman Jackson
tell Brakemen Moyer to take with him a red light and a fusee,
and go out and flag as soon as he threw the switch. He stated
that it was snowing quite a little and that to some extent
it interfered with seeing the signals.
Conductor Sullivan said that on the arrival of his train at
Bushnell it was snowing very little and he was able to see
block signals 2-1/2 miles away. He stated that the train had
taken the siding for train No. 7 and that he did not know
that the engineman intended to take water at that point. He
was in the caboose and remained there until notified of the
occurrence of the accident. He thought train No. 7 arrived
about 17 or 18 minutes after his train had gotten into clear.
He said that under the rules a movement such as was made by
Engineman Jackson should have been protected by flag in both
directions. In this case no protection was given by any one
on the rear of the train because no signal had been sounded
by the enginemen. He further stated that it was always considered
safe to make a movement under the circumstances which existed
in this case, with the flagman and the locomotive going away
from each other, but that whenever he knew of such movements
he saw to it that flag protection in both directions was afforded.
Engineman Richardson, in charge of the leading locomotive
of train 1st No. 254, said that he first saw the electric
headlight of locomotive 2875 when about on mile west of Bushnell.
The headlight showed very distinctly, and at about the same
time he saw the electric headlight of train No. 7 farther
away. He supposed one train was on the passing track and the
other on the westbound main track. He told the fireman to
look back and see if a proceed signal was given from the rear
end. He asked the fireman if he could see anything ahead and
the fireman told him he could not. At about the same time
he saw the distant signal, being about 200 feet from it when
he first saw it, the signal at this time being in the caution
position. He stated that upon seeing this indication he made
a strong service application of the air brakes, about 10 or
12 pounds. The speed at this time was about 35 miles an hour.
The next thing which attracted his attention was the white
lantern of the flagman, and just afterwards he saw the flagman's
red lantern, When he got close enough to the flagmen to see
his red lantern he saw that he was giving stop signals with
it, and at once applied the air brakes in emergency. At this
time the flagmen was on the south or right had side of the
track, at the eastern end of the second bridge west of Bashnell,
The cab window was open and he was leaning out, so that the
flagmen could have seen him if he had looked. Engineman Richardson
stated that as he approached the switch it was difficult for
him to say how fast his train was running, on account of looking
into the electric headlights, and also as he was paying more
attention to the other train, and making every effort to stop,
but he thought its speed was about 15 or 20 miles an hour
when the collision occurred. At no time did he see the fireman
of train 6th No. 255 at or near the switch. He also said that
he did not know exactly where his train collided with locomotive
2875, as the electric headlight was shining directly into
his face, and he could not see anything under those conditions,
but from marks on the ties he supposed it was right at the
switch points. Engineman Richardson stated that while he had
had difficulty in making two previous stops, and was seeing
the signals when only 300 or 400 feet from them, yet he considered
that he was proceeding at a safe rate of speed when traveling
35 miles an hour. He afterwards said that he did not think
he was taking any chance by allowing the train to drift by
the distant signal near the speed limit for freight trains
of 35 miles an hour, and he did not know how far he would
have drifted toward the home signal at that speed if he had
not been flagged by the flagman. He also said that the rules
provide that on finding an instant signal at caution an engineman
should slow down immediately, and be prepared to stop at the
home signal. With regard to rule 895, which states that in
foggy or stormy weather no attempt shall be made to make up
time, he said that he had never felt that that rule applied
to anything but high-speed trains, like passenger trains.
He also stated that when he saw the two electric headlights
and also the distant signal in the caution position, it did
not occur to him that one of the two trains was occupying
the eastbound track, on account of the fact that there was
no flagman in sight at that time, saying that he had no idea
what was holding the distant signal in the caution position.
He also said that he had no complaint to make about the condition
of the air pumps or the air brake equipment on train, leaving
Cheyenne. At first he had been having some little trouble
in making stops, and when making a stop at one point where
the grade is heavier than at Bushnell he used the emergency
brakes, and even then ran by the switch and had to back up
about 15 feet in order to clear the switch points. After increasing
the train line pressure from 70 to 80 pounds he had no further
trouble until approaching the point of the accident, and said
he was surprised at the time that he could not stop the train
after a service application of the brakes had been made for
a distance of 300 or 400 feet, followed by an emergency application
for nearly one-half mile on nearly level track, and he doubted
if he would have stopped in time to avoid the collision even
if he had applied the emergency air brakes when he saw the
distant signal. He said that the weather conditions were such
that he had difficulty in seeing the signals given from the
rear of the train, and in some cases he could not see them
at all. the block signals could not be seen from a great distance,
but a strong light, such as an electric headlight, could be
seen quite a long distance; the small lights were difficult
to distinguish through the snow. He considered a 20-pound
application to be a full service application when there was
80 pounds train line pressure, and said that if he had made
a full service application when he first saw the distant signal
he might have caused damage to the train.
Fireman Powell, of the leading locomotive of train 1st No.
254, stated that this was his first over this district. Approaching
Bushnell, west of the distant signal, Enginemen Richardson
told him to look out and see if he could not see anything,
either signals or headlights, and then the engineman told
him to look back. He did so, but could not even see the markers
on the caboose. He supposed the engineman wanted him to look
back to see if a proceed signal was given from the rear of
the train. At about this time the engineman placed the brake
valve in the service position, gave two short blasts of the
whistle, supposedly in answer to the brakes, reducing the
speed from 30 to about 15 miles an hour. He thought that about
one minute elapsed between the two applications of the brakes.
He stated that he did not see the distant signal, although
on the inside of the curve when approaching it, but he thought
the service application of the brakes was made when the locomotive
was about opposite the signal. Approaching the point of accident
he was riding on the seatbox, looking ahead, but he claimed
that he did not see the switch, the home signal, the fireman
standing near the switch, or either of the two electric headlights.
When he descended to the ground after the accident he looked
at his watch and it was 10.42 p.m. Fireman Powell also said
that at one point on the trip it was rather difficult to stop
the train, but that it was stopped clear of the switch, and
in his opinion the brakes had been working properly.
Engineman Ross, in charge of the second locomotive of train
1st No. 254, stated that this was his first trip on this district
and that he was not well acquainted with the grades and curves.
Approaching Bushnell he saw the distant signal displaying
a caution indication when about 200 yards from it. He did
not notice any application of the air brakes as the train
approached the distant signal, but said he did not know whether
or not he would have noticed it as, when making some of the
previous stops, he had not noticed or felt the application
of the air. He also saw the flagman with red and white lanterns,
but did not hear the explosion of any torpedoes. He saw the
flagman get off the track and said that he was giving stop
signals when the locomotives passed him, and at about this
time the brakes were applied. The electric headlight of the
freight locomotive was then shining in his face, as well as
the electric headlight of the passenger train, which was some
distance back of the freight locomotive. It did not seem to
him that the train slowed down very rapidly, but he thought
that perhaps it was because the engineman of the leading locomotive
could see better than he could. He stated that he leaned some
distance out of the cab window, trying to see the home signal.
While he did not know exactly where it was located, he stated
that he could not see anything on account of the two electric
headlights, and that at no time did he see the home signal.
He also said that when the locomotives crossed the passing
track switch he thought that the opposing train had gotten
into clear and that there was not going to be any collision;
and that perhaps this might have been the reason he had not
noticed any red home signal. Engineman Ross further stated
that he could have applied the air brakes by cutting in the
air on his locomotive, but that he supposed the engineman
on the leading locomotive could see better than he could.
He thought the speed of the train had been about 30 miles
an hour until about at the flagman, and that it was afterward
reduced about 10 miles an hour. He said that the distant signal
could be seen very plainly, but that the difficulty in seeing
signals occurred east of that point. While it was snowing,
yet the weather conditions were not as bad as the electric
headlights. In explaining how the electric headlights interfered,
he said that they did not interfere with the signals themselves,
but by shining in his eyes prevented him from seeing what
was ahead of him. The electric headlights of both locomotive
2875 and the locomotive of train No. 7 were shining in his
face. He thought train No. 7 might have been about half-way
by the passing track but said that he was not sure as to its
location as he could not see clearly. he further stated that
between Cheyenne and the point of accident no difficulty was
experienced in handling the train by the air brakes, and that
Engineman Richardson made very good stops.
Fireman Neilson, of the second locomotive of train 1st No.
254, stated that his locomotive passed the switch at Burns
about 12 or 15 feet, and that it had to back up before heading
in on the passing track. Approaching Bushnell he felt the
brakes being applied about at the distant signal, but said
he did not know the exact location as he did not see the signal,
saying that steam and smoke were rolling down on his side.
At the time of passing the distant signal he was riding on
his seatbox, with the window open, and was leaning out the
window. He thought the speed was about 30 miles an hour, perhaps
32 miles, at that time. He was looking back to see if any
signals were given, and while looking back felt the brakes
applied, but did not notice any fire flying from the wheels.
He then heard two short blasts of the whistle. He said that
he did not see either of the two electric headlights, or the
home signal, that he looked to see what was ahead, but did
not see anything, and at no time did he see any electric headlight.
He did not realize that there was going to be a collision
until it occurred. He thought the speed was about 18 miles
an hour at his time.
Conductor McConaughy, of train 1st No. 254, stated that about
five stops were made by his train en route, and that at at
least one point the grade was heavier than at Bushnell. he
did not notice Engineman Richardson backing up 15 feet at
Burns, saying that the caboose was not moved backward at all
in order to clear the switch. He did not notice any trouble
being experienced in making stops. At the time the accident
occurred he was riding in the cupola of the caboose and did
not notice the position of the automatic block signals. He
said the first thing he noticed was a shock, and then the
train seemed to keep lunging ahead, this being due to the
pilling up of the cars. He did not notice any application
of the air brakes until about the time of the collision, and
he did not think there had been any appreciable reduction
in the speed, which had averaged about 30 miles an hour. It
was 10.42 p.m. when he stepped from the caboose immediately
after the collision occurred. He stated that after the accident
he talked with Engineman Richardson, and that the engineman
told him that he could not stop after he saw the flagman,
that he applied the air brakes in emergency, but that the
train was too heavy. He did not think the weather conditions
were such as to obscure the view to any extent.
Rear Brakeman Roseboom stated that he was riding on the rear
platform of the caboose when his train was approaching Bushnell,
and that he did not notice any application of the air brakes.
He thought the speed was about 35 miles an hour. He also stated
that in making the other stops en route, no difficulty had
been experienced.
D. H. Breese, air brake superintendent, stated that approaching
Bushnell from the west with a train of the same weight and
number of cars as train 1st No. 254 had, and traveling at
a speed of 35 miles an hour, the train could be stopped with
an emergency application of the air brakes in from 1200 to
1500 feet, and he stated that if Engineman Richardson had
made a service application of 10 of 15 pounds at the distant
signal, and then an emergency application when passing the
flagman, 1,000 feet from the home signal, the train could
have been stopped without any difficulty; in fact, if the
proper service application had been made at the distant signal,
it would have been sufficient to stop the train before reaching
the home signal.
This accident was caused by the failure of Brakeman Moyer
properly to protect locomotive 2875 while it was occupying
the main track, and by the failure of Enginemen Richardson,
of the leading locomotive on train 1st No. 254, properly to
observe and be governed by automatic block signal indications.
The evidence indicates that train 6th No. 255 was in the clear
on the passing track at least 15 minutes before the collision
occurred, and, assuming that an interval of 5 minutes elapsed
between the time the train stopped and the time the locomotive
headed out on the eastbound track and started to back to the
water tank, Brakeman Moyer had at least 10 minutes in which
to go out and protect the movement. Rule No. 99, of the Rules
and Regulations of the Transportation Department, reads as
follows:
"When a train stops or is delayed under circumstances
in which it may be overtaken by another train the flagman
must go back immediately with stop signals a sufficient distance
to insure full protection. One-fourth of a mile from the rear
of the train he will place one torpedo on the rail, continuing
back one-half mile from the rear of his train, he will place
two torpedoes on the rail, two rail lengths apart. He may
then return to the single torpedo where he must remain until
relieved by another flagmen or is recalled by the whistle
of his engine. When recalled, if he does not see or hear an
approaching train, the single torpedo will be removed (and
not before), if conditions warrant, a red fusee will be displayed
to protect his train while returning.
"During foggy or stormy weather, in the vicinity of obscure
curves or descending grades, or if other conditions require
it, the flagman will increase the distance.
"Should a train be seen or heard approaching before flagman
has reached the required distance, he must at once place one
torpedo on the rail, and, if by night or during foggy or stormy
weather, display a red fusee, continuing in the direction
of the approaching train.
"If the flagman is recalled before reaching the required
distance he will, if necessary, place two torpedoes on the
rail two rail lengths apart by day, and by night display a
red fusee in addition, to protect his train while returning.
When a train is flagged, the engineman must obtain a thorough
explanation of the cause, stopping if necessary.
"The front of a train must be protected in the same manner
when necessary.
"Conductors are responsible for the full protection of
their trains in both directions and under all conditions."
According to Brakeman Moyer's testimony he partially complied
with the rule by placing one torpedo on the rail shortly after
he saw train 1st No. 254 approaching, and before he had gone
out the required distance, but he stated that this torpedo
was placed on the rail 25 car lengths from the switch and
that he had only reached a point about 1,700 feet from the
switch when train 1st No. 254 passed him. In view of the amount
of time which he must have had at his disposal, there is no
apparent reason why Brakeman Moyer, if had had been properly
performing his duty, could not have gone out a much greater
distance.
The testimony of Engineman Richardson, as to what he did,
is conflicting. At one point in his testimony he said he made
1 10- or 15-pound application of the brakes when he saw the
distant signal, while at another point he said that he did
not think he was taking a chance by allowing the train to
drift by the distant signal running nearly at the speed limit.
The testimony of the fireman on each locomotive indicates
that an application of the brakes was made at the distant
signal, while the engineman of the second locomotive said
the brakes were applied when the train passed Brakeman Moyer,
and the conductor and flagman, both of whom were on the caboose,
stated that they did not notice any application of the air
brakes until just before the collision occurred. After carefully
considering this conflicting testimony, the speed at which
the train had been running, and the condition of the wreckage,
it is believed that Engineman Richardson did not make an application
of the air brakes when he saw the distant signal indicating
caution, but that the first application was made when he was
flagged by Brakeman Moyer. Rule No. 302 reads as follows:
"Enginemen finding a distant signal at 'caution' must
immediately bring their trains under control, and be prepared
to stop before reaching the home signal. They are reminded
that although the distant signal indicates the position of
the home signal, the home signal may assume the STOP position
after the distant signal has given the CLEAR indication, and
while the train is between the distant and home signal. For
this reason enginemen and trainmen must be on the alert, prepared
to bring the train to a stop if the home signal indicates
STOP, and be governed by Rule 504,"
Under this rule, there should be no doubt as to the action
to be taken on finding a distant signal in the caution position,
and Engineman Richardson should have made such an application
of the air brakes at this signal as would have brought his
train under control immediately.
A contributing cause was the failure of Engineman Jackson,
of locomotive 2875, properly to observe and be governed by
rule D-152, previously quoted. Under this rule locomotive
2875 should not have occupied the main track until proper
protection had been afforded, as required by rule No. 99.
While it is believed that Brakeman Moyer had sufficient time
to protect the locomotive before the arrival of train 1st
No. 254, yet had locomotive 2875 remained on the passing track
until Brakeman Moyer went out to flag, it is possible that
he would have gone out a greater distance and would have succeeded
in stopping the approaching train in time to avert the collision.
In any event, however, at the time Engineman Jackson moved
his locomotive out on the main track no attempt to protect
it by flag had been made, and for making this movement under
these conditions Engineman Jackson is responsible.
A further contributing cause was the failure of Engineman
Ross, in charge of the second locomotive of train 1st No.
254, to cut in his air and take control of the train when
he saw that Engineman Richardson was not properly obeying
the automatic block signal indications. It was Engineman Ross'
first trip over this division, however, and he stated that
after passing the distant signal he was leaning out of the
window in the endeavor to see who was ahead of his train,
and to locate the home signal, and he said that he did not
at any time see the indication of the home signal on account
of the fact that the electric headlights of locomotive 2875
and of the passenger locomotive were shining in his eyes.
Engineman Richardson was employed in November, 1899, as a
fireman, and was promoted to engineman in August, 1905. In
April , 1911, he was discharged for disregarding a block signal.
He was reemployed as a hostler in July of the same year, and
in October was reinstated to engineman. He was again discharged
in April, 1913, for violating rule No. 99, which governs the
protection of trains by flag, and was reinstated in May of
the same year. At the time of the accident he had been on
duty 6 hours and 30 minutes, after a period off duty of 9
hours and 40 minutes.
Engineman Jackson entered the service in October, 1904, as
a fireman, and in September, 1907, was promoted to engineman.
In February, 1910, he was discharged for hazard of accident,
being reinstated in September of the same year. In December,
1914, he was given 30 demerits for running on short time ahead
of a passenger train, and in November, 1915, was again given
30 demerits for responsibility in connection with a derailment.
At the time of the accident he had been on duty 13 hours and
10 minutes, after a period off duty of 13 hours and 20 minutes.
Engineman Ross was employed as a fireman in September, 1906,
and was promoted to engineman in May, 1913. At the time of
the accident he had been on duty 6 hours 30 minutes, after
a period off duty of 11 hours and 35 minutes.
In several of its reports covering accident investigations,
the Commission has called attention to the improper observance
of caution signals on the part of enginemen, and this accident
again directs attention to the necessity of enginemen immediately
bringing their trains under control under such circumstances.
In this case the rule specifically provides that enginemen
shall bring their trains under control immediately upon observing
a caution signal, and had Engineman Richardson obeyed this
rule, or had locomotive 2875 been protected by flag before
occupying the main track, a required by rule D-152, this accident
undoubtedly would have been prevented.
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