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.