ated at present between the hours of 6 a. m. and 9 p. m. I cannot see what bearing the jury's recommendation has to the accident. in question, in view of the fact that the gates were down when the accident happened, and if Campbell had remained outside, as he should have done, the accident would not have occurred. We have no data which would indicate the necessity for operating these gates after the hours mentioned. "Yours truly, "C. R. FITCH, "General Superintendent." November 17, 1898.-J. M. McNalley, injured at Highway Crossing, just east of Silver Springs Station. On inquiry by the Board, the company replied as follows: "Accident at highway crossing, east of Silver Springs Station, November 17, 1898. The view at this crossing was good when this accident occurred, it being a clear day, no smoke around the crossing and no trains or cars to obstruct the view. This crossing is protected by crossing bells, which were in good condition and ringing for the approach of train 37. We also have a sign at this crossing. I would add further that W. J. Breen, baggagemaster at Silver Springs Station, when he saw the apparent danger of McNalley (the man injured), ran toward him, calling out and waving his hands to attract his attention. Train 37 had whistled for the crossing and the engine bell was ringing at the time, but McNalley, as he confessed to Breen, was not thinking of any trains, and walked over the tracks paying no attention to them. He also said at the time that there was no one to blame but himself. There were four or five witnesses who said they heard train 37 whistle and also heard the engine bell ringing as it approached the crossing. "Yours truly, "C. R. FITCH; "General Superintendent.” November 27, 1899.-A. H. Tompkins, injured on McEwin's Crossing, Wellsville. On inquiry by the Board, the company replied as follows: "We have never understood from the citizens of Wellsville that this was an especially dangerous crossing. We have receive no complaints or notices to the effect that the crossing was dangerous, and we are not aware of the necessity for having a flagman remain on this crossing during the evening. "Yours truly, "C. R. FITCH, "General Superintendent." November 30, 1898.-Thomas Hallihan, injured at Monroe. On inquiry by the Board, the company replied as follows: "The company's rules by which employees are required to be governed in giving warning when engines move cars on sidings, read as follows: "Before moving cars great care must be taken to warn persons working about them, and opportunity must be given them to get away and out of danger before the cars are moved. "With respect to this accident the conductor states that before moving the cars in siding he walked along side of them to see if they were all coupled up and if anyone was working in or about them. He saw no one, and states that doors were all closed. Cars were pulled out and one of them put back again. As train No. 28 was due they backed the train in switch out of the way, the caboose stopping about five feet from the car in switch. A signal was given engineer to back up and brakeman went in and made coupling. The car was then pulled up in place after train 28 had passed. A man then came to door of car in siding (grain doors of which were down and the door nearly closed) and told brakeman that he had been injured. Only the man's head could be seen on account of the grain doors being down. This was the first knowledge the train crew had that there was a man in the The train crew stated positively that there was no rough handling of the car. car. "Yours truly, "C. R. FITCH, "General Superintendent." December 14, 1898.-Charles Rogers, injured at Howell's Station. On inquiry, the company replied as follows: "Accident at crossing at Howell's station, December 14, 1898, train 1 striking horse and wagon driven by Charles Rogers. Rogers drove on to the track from the north side. The views from that side of the track at various distances are as follows: Twenty-two feet from center of westward track, can see 2,650 feet in front of station. Twenty-five feet from center of westward track, can see 2,650 feet under covering of station platform. Thirty-five feet from center of westward track, can see 240 feet. Fifty feet from center of westward track, can see 120 feet. Rogers apparently did not look to see if a train was approaching. The engine bell was ringing at the time and regular crossing whistle sounded. We have a crossing sign at this crossing. "Yours truly, "C. R. FITCH, "General Superintendent.” December 20, 1898.-J. F. Malone, injured at Binghamton. On inquiry by the Board, the company replied as follows: "Accident at Binghamton, December 20, 1898, Switchman Malone falling from N. Y., L. E. & W. box car 28770, account of brake wheel coming off, due to nut missing from top of brake staff. This car was inspected by the D., L. & W. R. R. when we delivered the car to them on December 10, 1898, and was again inspected when it was returned to us on December 19, 1898. The brake staff and brake wheel is a part of the inspection by both companies, and car would not be accepted by either unless the nut was on the brake staff or the end thoroughly riveted to hold the wheel on. The nut had evidently worked or jarred off after the inspection. "Yours truly, "C. R. FITCH, "General Superintendent.” January 18, 1899.-J. P. Ferson, injured at Greycourt. On inquiry by the Board, the company replied as follows: "Referring to your inquiry of the 10th inst., in regard to accident which occurred January 18, 1899, at Greycourt yard, in which Conductor J. P. Ferson was injured while coupling engine on to caboose, you ask Was this man's foot caught in the frog or one of the connections of the frog?" "I beg leave to state that Conductor Ferson's foot was caught between the rails in head chair of stub switch. His foot was not caught in the frog. "Yours truly, "C. R. FITCH, "General Superintendent." June 11, 1899.-George Wheaton, injured in Buffalo yard. On inquiry by the Board, the company replied as follows: "Referring to your letter of the 28th ulto., concerning accident to Switchman George Wheaton, June 11th: "In answer to your inquiry as to whether or not this company has any system of blocking frogs in order to prevent accidents such as sustained by George Wheaton, I would state that we have no such system. "Yours truly, "C. R. FITCH, "General Superintendent.” July 9, 1899.-John Ferranbaugh, killed on Cedar street crossing, Corning. On inquiry by the Board, the company replied as follows: "In answer to your letter of the 8th instant, concerning the accident to John Ferranbaugh, at Corning, July 9, 1899; I would state that no action has been taken to comply with the recommendation of the coroner's jury, that the gates at the various crossings of the Erie road in Corning, be operated every day in the week until nine o'clock p. m., except that we have this matter up with the local authorities at Corning, and will no doubt be able to arrive at an amicable understanding with them. "Yours truly, "C. R. FITCH, "General Superintendent." August 15, 1899.-Fred Bensley, killed on Swartwood's crossing, two miles west of Barton. On inquiry by the Board, the company replied as follows: "Referring to your letter of August 29th last, concerning the accident to Fred Bensley at Swartwood crossing west of Barton, August 15th, and your request to be informed whether or not any steps had been taken by this company toward protecting that crossing. "I wish to apologize for the delay in replying, which is due to the investigation I have been making concerning the necessity of providing protection at that crossing. We have had the brush and trees cleared from our right of way along the road, thereby very much improving the view of our tracks, which, taking into consideration the small amount of travel over the crossing we do not believe there exists any necessity for protection. "Yours truly, "C. R. FITCH, "General Superintendent." DELAWARE, LACKAWANNA AND WESTERN. September 10, 1899.-Phillip Henry Epps, killed at Addison, while standing on the sidewalk by being struck by a bundle of newspapers thrown from the Newspaper Special. Commissioner Baker investigated this accident and made the following report: "I personally investigated this accident and found that the train was running about sixty miles an hour, and that the package of papers weighed about fifty-four pounds. I consider that it is a very dangerous habit to throw off papers when the train is running at such a high rate of speed. Inasmuch as the newspaper service has been transferred to the D., L. and W. I have taken the matter up with its general superintendent, and re quested that he have the rate of speed limited and the trainmen instructed to do all that is possible to remove this danger. "Yours truly, "FRANK M. BAKER." The Board communicated with the company in reference to the matter and received the following reply: "We have already arranged to take every precaution to prevent injuring people by reason of throwing papers from the train. I am greatly obliged to you, however, for your thoughtfulness in calling my attention to the matter. At all stations where large bundles of papers are to be thrown off the speed of the train will be reduced to a slow rate in order to prevent accidents of any kind. "Yours truly, "ELY RUMSEY, "General Superintendent." FONDA, JOHNSTOWN AND GLoversville. January 18, 1899.-Abram Frederick, injured at Johnstown. On inquiry by the Board, the company replied as follows: "Answering your favor of the 10th instant, I beg to advise you that the Mason street crossing at Johnstown, where Mr. Frederick was injured, is not at all obstructed, in fact, the track can be seen for some distance as the crossing is approached. January 3, 1899.-Bradley Mix, killed at McLean. On inquiry by the Board, the company replied as follows: "I am in receipt of your favor of the 7th instant, regarding accident which occurred January 3, 1899, at passenger station, McLean, N. Y., in which Bradley Mix was injured. "I beg to advise that the engineer sounded the whistle for the crossing and the fireman rang the bell continuously up to the time of the accident. "There was no coroner's inquest held. "Yours truly, "ROLLIN H. WILBUR, "General Superintendent." June 25, 1899.-Charles H. Goodman, injured on first crossing east of Phelp station. On inquiry by the Board, the company replied as follows: |