THE TRAM TRIBUNAL,

Dominion, Volume 7, Issue 1868, 30 September 1913, Page 4

THE TRAM TRIBUNAL,

: SREEDEN FATALITY. THE LINE SPEEDS OF CARS. IN tAKING THE;CURVES. SIDELIGHTS ON DRIVING. 'A. mass of evidence has been tendered (and"there is nrjre to follow) to, tho Court set .up by tho Minister, of Public Works With instructions to inquire into and..report, respecting the accident of September 13, which- resulted in the death; of, Tram-Conductor Frank Breeden.-, Conductor -Breeden fell-from the sideTStep.of .Car.l 7 on the night of Septenibef'''l3.'.iind"lio" died in ' tho Public Hospital on the following day:' '.The accident. occurred at tlio curvo between tho Oriental Bay.torminus and Grass Street. Tho inquiry was conducted by Dr. M'Arthmy S.M, Mr. P. S.;K. jlacassoy •. represented tho Public Works ' Depnrtmolit, Mr. J. O'Shea the Wellington City Corporation, and Mr. A. Blair tho Wellingtoh Tramways -Union. ' The proceedings wore for tho pucipse. of.ascertaimng»tho following facts:-- - (I).Whether,Frank Breeden lo§t hi? life ~thrpughf the;^'default; negligence, .'or : : 'carelessness of tho Wellington City Council, or of. any officer employed V. ~ ,b.V'.,.th0 same, or .through:his. own . ;'jiegligei)qe,;;:br /defaults ojr ihrp'ij'gh "tho* negligence' or' default -"'of '"'any other. pe.rson. ~ (2) Whether the ear on which tho acci- . . dent ocoiirred, together with: the, machinery cOnnected therowith, were fit and safofor public. traffic. (3), Whether .'the''-Crack on which tho car i ran or the overhead equipment wero in proper order and'safe and fit for ■ public trafSo. ' : . (4) Whether, in the event of your finding tliat the deceased :did not probably lose his lifo by his owninegligenco or default, but;'.through some '/. fault in the construction or equipment of the tramway -or of the rolling stock, plant, or machinery, what 'steps-'should ..(in .the Magistrate's opinion) be taken to prevent accidents in' tho future .similar to tho one by which tho deceased lost .' -his life. ••• ■ /

No Victimisation. Mr.-Blair said that he proposed .to ; call a number of tramway employees, as ; witnesses, .and lio wanted tho City So- > licitof to give an assurance 'that if they ; spoke their feelings anything they said ;. would -not bo used against them. . Mr. O'Shea: And I want your assnr- • aiic'6 "that witnesses .will not be victim- : ised by the union for .telling tho truth. . Mr., Blair:' Well, then,; wo both agree 'f not to victimise: ' ;J, \ ( ~;;■,'!

• Motorman of Car .17. William 'John) Hilder,' •.■the .nipteiTnari engaged'' on Car 17 on the night of; iho accident,"stated that ..the. car; -/,left Oriental 'Bay terminus for ' Lambton station, at 9.57. He did not;see Breedeh fall.' - No. "17 .was a combination ' car with 'a side .step.' . The car bumped when traversing-the curve. ; . \V . . ■ Mr.'. Macassej': . Does ;.fche, corporation give you any instruction "as'--, to' the speed' at which you are to ; tako these curves ? '•: . . . . ' Witness: iNo;'but at certain mparts of routes there .'are boards placed saying that such-.and such'a speed down this grade must not be; exceeded.' On page 11: of the book , of rules and regulations, issued in, 1904,. it. says that'''speed' bhould' be reduced 'to a walking-.p'acd whtin approaching curves.. Do you observe that rule?;— "No." Why?—-"Because if wo did wo could not run to the .time-table provided.". What time is allowed, frdni Oriental Baj£ Government tirrrCs ,-vary;'- sometimes '36 -' minutes, sometimes'* 4,0 minutes,'"' and' sometimes .39 itiinutes for, the. return trip." .;, ; . do:the' tin)es vary ?—''! .- donl knowr-tiiat is a matter-for the Doparfc- • meiit." •' — - fy :: allowed ;'dn" this;nip* :ticuiar' s evening?—"Fortv 'minutes," s* .: .'.Da'-yon over have difficulty' in/run- : ingv to the . times >■' set ? —"SometjmeJ. And this was a Saturday; night,", and .pniSaturday .nighti-'thbrfl'vare-'various things .to contend ' with';; -Then*.you may have to. stop .or. the pictures. 'And if. you are running late. you. to make the time up."/ Werg.-you\pn time when you left Oriental' Bay 'terminus' that evening?— "Yes »

''IRari-Throughtho.LbopatElghteen ,■ Miles.": : .. Mi\ O'Shea:' Youvsaid that" the trick was~faultily constructed at that point 1 . In whalta-espcct? ,".'*• {% WitnpsS i Tho joint of; the rail? is at the ,;ppex;.of;;thp;, curve/* jandr: that /is whero* the bump occurred; t ' ■ . Ajiv other fault. iii' the ' ""■■■■ Pjd jrott:notice- these bumps, when Inspector 'McGillivniy was driving ?4-"Ho-'-was ;not: driving'. tinder sorvipo, conditions.""j ! '" ' '■ j Y«u' roniember 'the' jolt-jwhioh- took place i'at<. this ..curve?--" ¥cs." ■' 5; ; D[o you think it safe for any condu'ctorjto go on tho footboard at the speed at tyWch-'-you took; the ;curve?— I "That is 3fo'r 'tli'e'conductor ; to ,'~say. . . . Not particularly safe." . What'speed did you:rtin through the loop, at on Saturday ?—"Eighteen mile's, they tell me, by the speedometer." Have you ever been reprimanded for running behind time?—" No." Ever been reprimanded for running ahead of time?—" Yes, I bolieve I have."' ' What is the running time between Courtenay Place arid .Oriental Bay?— "Seven minutes." ... Do you remember driving round the curve "at the baths on-Saturday morning?—" Yes." Do you think it VigKt to drive round there at that, spded?—"You've got to do it." . Are,not nil motormen taught to go through points slowly?—" They used to be. . . . One reason why they didn't go round fast in those days was that if they did so pieces would bo chipped out of the wheels."

More On the Speed Question. Don't all tramways have a rule against going through points and round curves at a high speed?—"l beliovo so. But you must reme.mber that this section is all curves. If we followed tho instructions wo would never get to the terminus; would miss several trips a day." ' Mr. Blair i This Teferenco to curves in the book, "Prevention of accidents," refers to when there aro cars ahead?— "Yes; not to safe running." You have been in tho service since the start?—" Yes, since June 30, 1904." You have taught many motormen to drive? —"Yos. thirteen or fourteen, the earlier ones." "Have the timo-tahles been altored many time 3 sinco' tho inception?— Has the speed been accelerated on the Oriental Bay ; run?—" Yes, considerably.",' t 11 , If,you arq late, can you shelter behind these regulations?—"No; they are there for tho department to shelter behind.' 1 1 ■•••-.' Dr^M'Aithur: On, now, you need not make remarks of that kind. Mf. Blair: What comes first in these regulations? . ' .-Witness": 'Hie safety of tho public; then'the revenue. , Dr. M'Arthur: Is this a sermon or a financial statement?.

- How many curves aro there between Courtonay Place and Oriental Bay?— "Eight." "1 Should Say, He was a Fool." Mr. Blair: How many accidents do you roniemhor through men falling oIF side-steps? Mr. O'Shea: I object to the question being 1 put in that way. There aro extraneous circumstances attending many .of, these.accidents. Witness (in reply to tho question): I can't remember how many. I believe tiie records show about CO. Mr. Blair;'-'How many wero fatal? Witness: Conductor M'Kay ( Conductor Breeden, and Conductor Athea. Dr. MtiArthur: Do you know of any instances whero conductors on converted cars go on tli6 outsido step? Witness: Yes; they aro forced out bo>causo the passage is overcrowded, and they can't do their work. Dr. McArthur: If you saw a man working a car which was only two-, thirds full, so that an old lady who was a cripple could walk up tho aisle, and that conductor went threo times on tho footboard to. collect fares, to his onco up tho aisle, what would you say? Witness: I should say he was a fool. Dr. Mc Arthur: That is exactly what I said oil Saturday, when I saw him do it. Passenger's Opinion. Percy Charles T'ite, who was a passenger on tho car at the time of the accident, said that lie had gone over the lino on Sunday , last, and had noticed a decided kick at the place where Conductor Breeden fell off. Ho'.had made a report to tho Tramway Department stating that in his opinion tho accident was; due to tho car taking a dangerous, curve at a high speed, and causing a tremendous oscillation.

Public Works Engineer on Side Steps. Eobert W. Holmes, engineer, in chief of the-Public Works Department, said that ho liad a good knowledgo of all the tram systems in New Zealand. When tho Oriental Bay track was passed by him it -was properly constructed. He had recently examined and driven over t'ho track, and it appeared to bo in good working order. 'It appeared to have been well maintained, and would satisfy him in his official capacity. Ho saw Inspector, McGillivray drive over the lino last Saturday. The inspector drove at a reasonable' speed; he did not go. as fast' as' ho might havo with safety. He slowed up at curves and points, and thai was tho proper procedure for a motorman. . As' to tho curvo where the accident occurred, it was safe if taken at a reasonable speed. When a motorman caino to a curvo it was his duty to reduce speed, end if a car was over on to a curvo at nineteen miles, per hour he would expect tho car lo lurch and kick.: As far as he could seo car 17 was in good order. To. Mr. Blair: Taking a curvo always rosulted in a lurch of the car, unless the car wero driven too slowly. It was tho curvo which made tho kick, not tho rail. If a car took the curve in question at nineteen miles an hour .it would not bo easy for a conductor to retain his. hold unless ho was gripping 'very carefully. ' Mr. Macassey: As an expert .can you suggest any way of preventing these accidents ? . ' Witness: Simply doing away.with tho sido step.,- • 'Mr., O'Shea: Those side-board cars aro in general use iu New Zealand, aro 1 . Witness: They aro in uso in Wellington, ,to a small extent in Dunedin in Christchurch, and in Wanga'cui. •, They are in use in Napier?—" They may have them there, but itbey have the contro aisle, too." In reply to questions by Dr. McArtliur witness .said that this curve in question was hot what would bo called a sharp' one.

City Engineer Called. William H. Morton, city engineer and chairman of tho Tramway Board, said, that the. permanent way had been under his care since 1905. The Oriental Bay track was . in ",'fair working condition, including the curve whero :tho " accident ' occurred. There haa been' some wear on the outer-rail or tho 'curve, but that was prior to a new check-rail being put in. There would not be further wear until the checkrail became worn (in, say, about twelvo months' time). Tho fact that the, outside rail' was worn did not affect tho track' from/, a running , point. of view. He thought'that 40 riiiriutes was a satisfactory time allowance from Lambton Station to Oriental Bay, round trip. .This allowed 'ample time, ho thought, to,,meet ,all circumstances, and if exceptional • circumstances caused a car to-be, late-that was looked upon as a thing inevitable. The distance of the round joumeyi was about fivo miles. The time on hand at termini was not "standing time," but an allowance for [interruptions not reckoned on. Motornien should slow- down at curves to prevent tho jolting and knocking about of the cars and avoid extra wear and tear of the track. Ho saw Hilder drive from Oriental Bay to Courtenay ■Place, on Saturday morning., Hilder. drove satisfactorily except over tho curves.; He took the curve in question at about; 19 miles. It should not liavp'. been taken at moro than ten miles. •; ': ; Mr. O'Shea: Has a man ever been reprimanded for being rate? ; Witness: -Not-to my knowledge. Have you had any troubles "with men running too fast?—" Yes." "•Is that frequent?—" Very frequent."

Trouble in Converting Cars. There were, Mr. Morton continued, open cars in use in Brisbano,' Christchurch, Adelaide, and Sydney. Respecting the conversion of Wellington cars so that they, shall havo centre aisles, the witness said that seven cars had been altered and two new ones revised to requirements. All the new cars being built were being provided with centre aisles. The whole of tho cars lvcre to have this passage. The council had. decided on that, and tho only point upon which thcro might bo a difference of opinion was as to tho .time to be taken in the alteration. " Mr. O'Shea: Havo you worked with roasonablo expedition up to date? Witness: Yes. We have been beset with many difficulties. , Wliat are they?—" Well, in connection with the palace cars, to decide on a design ■ which could bo given effect to satisfactorily. Wo. considered the palace cars were tho ones open to most objection, but the two last fatal accidents. occurred on combination cars. Tho question of reducing capacity had to bo considered, and also tho making of provision for an increased numbcrof cars so that tho work could he carried out expeditiously. Further, there was tho want of accommodation for carrying out theso alterations at tho car depot, Newtown. A new building is at present being erected for the purpose of providing additional workshons accommodation. < We hope to have tho whole of tho combination cars provided with the central passage in. about two months from date. The palace cars will take a much longer period, as they practically require to be rebuilt, and it seems to me that to alter the whole of the nalaco cars —about 26 in number —will occuny the greater part of two years. In tho meantime wo are making nil provision we enn, in regard to new cars to meet requirements. Tn the matter of designs, it is very difficult" to come to a determination as to the best. Where a tvpe has been definitely determined, the rate of progress will bo very much mora rapid than in the past. Mr. Blair: You say the working snecd on that run is seven and a half miles. There are eighteen stops, nine of thorn compulsorv, and tbero are seventeen curves. Does not that involve a high rato oF.speed when driving? Bate of Altering the Cars., /Mr. Morton replied that tho fact' that

there were lengthy waits at tho termini proved that the trip could ho done easily iu tho tinio allowed. Mr. Blair: You said that you had had difficulties to contend with in altering these cars. Did you ever try to employ privato firms to accelerato tho rato of conversion? Tho witness replied that that would not he practicablo; it would mean taking private firms to work at tho carsheds. ; Mr. Blair: Didn't you give an undertaking to tho union that 0110 car per month would bo altered? That promiso was given eighteen months ago. Mr. O'Shea: Eighteen months ago I That, is a gross exaggeration I Mr. Morton: No; it is only twelve months since wo submitted to tho council what we proposed to do. Witness uddod tliat now that tho schomo of alteration had *been decided on tho rate of progress would ultimately work out very much in tho board's favour. State of the Track. ' Arthur Gardiner, inspector of tho permanent way, said that tho curve at tho scene of the accident was in very fair order. He put in a now rail there oil April 28. Tho track had not Leen altered since tho accident. Anything over ten miles per hour at this curvo was risky and unnecessary." Mr.'Blair: Has any filing been dono? Witness: No; I don't think. it possible. Mr. O'Shea: There has been a rumour, your Worship, that wo liavo been interfering with tho track. James Hogan, foreman of tho track' gang under Gardiner, stated that none of tli'o gang, nor anyone else (so far as he knew) had done any work at tho curve since the accident. Mr. Richardson's Evidence.

Stuart Richardson, member of tho Tramway Board and electrical engineer to the corporation, stated that on tho night of tho accident Motorman Hilder booked Car 17 up as "0.K." In reply to Mr. O'Shea witness said that two palace cars and seven combination cars had been altered, and two more of tho combination type would bo ready ou Thursday. They, were getting ready to alter another palaco car. The combination cars would bo finished in about two months, but it would be bad to do moro than two palaco cars per month. Mr. O'Shea: You are at present building now cars? Witness: Yes. What is your programme? —"Well, in the next threo years I think we will need about thirty or more." j ' The traffic is increasing?—" Yes, and tho alterations are decreasing the accommodation in the cars." ■ Mr. O'Shea: You will have thirteen all told practically oomploted as regards tho alterations by Thursday?— "Yes." • : And you have built two new cars with tho centrc passage? —"Yes." There were, he added, 91. cars altogether. Motormen on Driving. Motorman Weeber, a driver of eight years' experience, deposed that it was his practico 'to slow down at curves and points. Sometimes lie had gone 'through the curve near Grass Street with all power ;oii. Centre aisles was tho remedy against accidents. Horbort Phillips, another motorman, said that ho slowed down at curves: and points. The Grass. Street curve could be taken with full power on, but that was not a proper pace. To lesson the number of accidents, tho abolition of side-steps ivas desirable. It had not been his expdrienco to bo reported for being a littlo late. Leon Simon, a first-class, conductor who sometimes drives, ..stated that hci took the caf over the curvo >t ; six or' seven miles per hour, and that it kick-, ed. Ho could suggest no protection against accidents other than the centre passage. As far as he knew Breeden's was the first accident at this curve, i. Arthur Hydo, motorman, said that he always shut off at the curve. There w-ere times when one had to take tho curves fast to keep to the time-table. "Keep the conductor inside," was the only reinedv ho could think of. Dr. M'Arthur: ibid what if lie won't keop inside? Witness: That is his look-out. Motorman J. \Huglies said that his practice at bad curves was to shut off tlio power and easo up "with tho handbrake. He thought remedy for accidents lay in tho adoption ; of the centre aisle.