THE RAILWAY FATALITY

Taranaki Daily News, Volume LII, Issue 325, 26 February 1910, Page 2

THE RAILWAY FATALITY

ADJOURNED INQUEST. The adjourned inquest concerning the death of Emile Eugene Fromont, m. ,-,o died from injuries received in the New Plymouth railway yards on the sth inst., was resumed in the Courthouse yesterday before Mr. H. S. Fitzherbert, S.M., District Coroner, and the following jury:—VV. !N. Ewing (foreman), E. Baker, A. H. Herbert, A. Ambury, H. C. Fvans and J. Asher. Sergeant Haddrell conducted the enquiry, Mr. T. S. Weston appeared lor the Railway Department, Mr. G. Gr?y ior Messrs Hodge (driver) and Pascoe (fireman) of the shunting engine, and Mr. A. R. Standish for Shunters C'.wr lind Balsam. Amongst those present in Court were Messrs J. E. Armstrong (District Traffic Manager, Wanganui) and R. Maxwell (Loco. Foreman, New Plymouth).

Dr. H. B. Leatham deposed that on I the sth inst. he wae called to the railway station to attend Fromont.' He at once ordered his removal to the hospital, where he was immediately as tended to by Drs. Walker, Wylie and witness, _ and placed under an anaesthetic. The injuries were found to be very severe. There was a deep laceration extending from the outer side of the left hip across the groin and extending deeply, dividing -several muscles, nerves and blood vessels and exposing the femoral artery and vein.. There was also a very deep abrasion and friction of the tissues. There was also a minor injury to the lowe r part of the same limb, and a compound fracture to the small bones of the right foot. There was also an abrasion on the back. The patient was suffering severely from shock and loss of 'blood. The internal organs were not injured. The effect cf such severe abrasions as were present was similar to that caused by a bum. His condition was fairly satisfactory until the morning of the 11th, when, without any premonitory indication, he had a severe hemorrhage. Witness was not 'available, but Drs. Walker and Blackley were immediately summoned by the matron and succeeded in temporarily arresting the bleeding. Un witness' arrival shortly after, they decided that the proper treatment was to open the wound and search for the bleeding vessel, which was evidently one' of magnitude This was done without delay, ana it was found that the iemoral artery for a considerable portion of its course was in a sloughy condition; or, in other words, portion of the tissue was dead. After consultation, it was decided to ligature the artery, although it was feared that gangrene or mortification of the lower limb would occur. This course, however, was the only one open, as the condition of the patient was too low to admit of amputation o'f the limb, and there was just a 'bare hope that his condition might allow of amputation later on. Gangrene, as feared, set in, and was ?o rapid that after consultation with three other medical men on the 13th inst., they were unanimous that an operation was unjustifiable. The patient died at 5.45 a.m. on the loth. Death was due to septic absorption from gangrene, or, id other words, to blood poisoning. To Sergeant Haddrell: On the evening oi the Bth the patient, who was sleeping peacefully, suddenly jumped and rolled out of bed on to his sound side. There were no ill effects fro?n this. He alterwards explained that n<dreamt something was going to fall on him. Archibald John Hodge, engine-driver, deposed that on the morning of sth February he was engaged on a shunting engine in the New Plymouth railway yard. He went on duty at 9.30 a.'.n. The engine, a small one of class G, was in good order. At 10.45 a train arrived from the south. Witness took seven waggons off this train, live loaded vans and two empty open trucks. Witness got his instructions from Assistant- ] Shunter Balsam, who told him to pull up the main line, towarus the breakwater, and come hack uown the loop. His enginr was in front of the load starting out, and he went ahead until his fast waggon 1 \yas clear of the points. (A i plan oi the station yard was here put ] iii). He then gave throe long and one I short whistles, as an indication to the ' signalman that he wanted the points turned, so as to allow him to come back into the loop. His fireman re-, ceived the signal from the signal-box— | a green flag—denoting that the points j were set right. He himself got a hand signal trorn the assistant-shunter, indicating that he was to tome back" under the shunter's guidance. Witnsw: did so. His view ahead was obstructed bv the curve, and also by the trucks ahead, so that witness expected the i shunter to signal him when to stop. | The shunter was signalling him to come ' on. As he came back round the curve, he saw ths goods train at the station I on the loop Tine. From the points ho had just left to the station was a | fairly heavy down grade. As soon as j he saw the goods train on the line he I called to his fireman to put the brtike | on, without receiving any instructions from the shunter. The only brake used on a shunting- engine was a hand one. There was a Westinghouse brake on the engine, but it was not used for shunting. The fireman screwed the brake on too hard, <and caused the wheels to skid, losing nearly all brake power. His engine at the time was travelling at about five miles an hour. He expected to be able to stop the load withthe brake. He thought if the brake had been applied* properly it might have stopped; the load made a difference certainly. If he had known the goods train was o;r the loop line he would not have gone down at all. He would under do circumstances have disobeysd the shunter's and signalman's signals as there was a certain amount of risk about it. The leading truck on witness' train bumped into the guard's van on the goods train, which was standing, partly on a down grade, with the brakes off. The impact affected the whole of the goods train, including the engine, moving it about ten feet. The eo,,riling* were stack and that would make it easier to shirt. The first witness knew of the accident was when he sew a man on the overhead bridge near the Terminus Hole! waving his arm?. His engiu<- had stunned then. It wis 'before this he tried to stop his train. 'Deeeased heard his signal whistle, and should have known witness' train was coming down the loop line. Witness then described the duties of a traini examiner, who should first go to the, ent'irie-driver of any train he wished to examine and ask him to apply the I brakes. He would then walk to the] back of the train, noticing that brakes ■ were all on, and on reaching the back i end of the train he would give the 1 driver a signal to release the brakes, i This signal would not release the driver | of responoibility in looking after the! train examiner. If the latter wanted)

to go under the train he should :i the driver what he- was going to '..-. The examiner should also have; a v <| disc on the back of the train la jji-ci- -i. himself. [n any case, the examiner should come back -and advise the drier that all brakes were clear. A dri-er would not move his train till he -.,,,. that advice, The engine witness \'.i.i driving was qui to capable o.i hand!, w the load he look out. Driver* u h-'u shunting did not know what load I hey had on till they milled mil. To Mr. Weston.- lU> hud bee a driving for sixteen years, and was mm in die first grade. A train whs not slarie,| r.ntil the train examiner h,td iv-poiicl to the stntioniuitaUr thai e-»ci.wh>m. was right. He btdiwved (hat there. «;,■'„ instructions that when u man placed himself i» ft dnngmuiis position he Should Lake reiwonn hie. precaution:, in protect himself. ]{ U |. f m . ,),„ ~„„„„,,| of the brakes off the goods train, ||,eic would have been n bump, but Die modi tjtiiu would not have, l» ( j t ,„ rt ]>,- i'm impact. It whs impossible f„r ;t l«ii£C crgine witii a big head of si an t" ultilt a tram when nil the bni'ten were en. Witness got un order from tho shunto r to stop, but that was a Her he had applied the brakes, ami when ««• was too Into, flis opinion was fiiat hia train should never have been brought back on to the loop line, whilst; a goods train was standing when; it was. Ho considered, the shunt was mi unnaoesnary one, and there was no need to shift those goods until Ihe goods train had gone,. The actual accident would never have happened ii deceased had put up a red flag beforo going under the train and had the brakes put on. Witness could not anticipate that the brakes on the goods tiain were off.

To Mr. Grey: When witness received the signal from the shunter it was.impossible for him to stop, as he had al-! ready taken all the precautions he could to stop. To Mr. A. R. Standish: It was the; duty of either himself or the fireman i to take the signals from the shunter,! according to on which side of the train the shunter was. On this occasion it! was witness' duty and he kept a sharp ! look-out for any signals. The shunter [ gave witness the correct signals to come_ into, the loop. The goods tha-.n -was "usually about on the loop at tint particular time df the day, but as far' as his experience went, it was unusual j to shunt until after the goods . train -had left. I

To the Coroner: It was not a usual; practice ior the train examiner to use; the flag. I To a juror, Avitness stated that he' not knoAv if it Avere the train examiner's duty to provide himself Avith a red flag. Leonard 0. Paseoe, fireman on the shunting engine at the time of the accident, deposed that he worked under instructions from his driver. His evidence Avas corroborative of the previous witness. When he applied the brake prior to the accident, it steadied the train down a lot, but the Av-heels skidded, rendering the brake practically use-' les. Witness was on the side of the j engine nearest the sea. Deceased was i also on that side of the goods train. I Witness kept a good look-out, but saw nothing of deceased prior to his atten-1 tion being called to the accident. ' To Air. Weston: As soon as the skM-1 ding ocucrred, he released the brake, and' then put it on hard again. He re-1 received his order from the driver to | stop. He tried to do so-and did all he ; could to prevent the collision.

To Mr. Grey: Just as they started to back witness had the brake on a little to steady the train. Anthony Arnold Balsam, assistant shunter at the railway station, who gave evidence at the opening Avas recalled, and gave further evidence. He deposed that at about 11 a.m. on the morning of the accident he had sonic trucks taken off the south passenger train. He rode up to the points on the brake of the last truck. He Avaited until the points were turned by the signalman in response to the driver's Avhistle. Witness' then gave the driver the signal to coniy back. Witness was on the ground on the driver's side or the line. With the exception of the goods train standing there, he thought everything was all right. After coming back a certain distance, witness signalled for the driver to slow down. This Avas on account of the presence of the other tram. The speed. Avhieh was a little faster than a walking pace, aid not seem to by checked. Finding the tram, did not slow down, witness*then gave the signal to stop, but the train did not do so, and the speed was still the same. His train was about five or six trucks' length from the standing train when he first signalled "slow." and almost immediately after he signalled "stop." Witness'knew the goods train was standing there, because he had taken it into position ready to go out. Did not see anyone examining the trSJn, "as witness was on the opposite side. It Avasthe usual custom for the train examiner to examine the tram as soon as the engine Avas attached. He expected that the examination of the goods train wo»ld have been completed. He did not look for 'fromont, as. he did. not expect him to be there at the time. When the trains collided, he heard someone call out irom the bridge, "E'lir. for the doctor." Deceased also called out. Witness ran doAvn and found deceased under the van of the goods train. He thought the goods train Avas moved ten or twelve feet by the impact. Fromont Avas lying -en the rails: the leading Avheel of the van' Avas between his leas; the left leg Avas I caught up in the wheel and the other | leg was lying between the rails. To the Coroner: Evidently Fromonlr Avas standing in front of the van before the impact; the driver of the shunting train would not be able to see the goods train till he got to the points.

To Mr. Grev: He did not leave the points *iil the accident happened, tie did not notice .hand brakes on the trucks on his~ side of the-train, but would not say there were none. He had ticen assistant shunter ior about one month. He did not make any effort to put the hand brakes on any of the trucks as he had no time. Witness ■Avas instructed by Shunter Carr to mane this particular shunt. To'.Mr. Standish: Witness was standing side on to the train in view of the engine-driver Avhen he gave the sign,-! to stop. He could see both the shun! rig eiicine and the van of the goods train. I'nder ordinary circumstances there wa« plenty of length to stop the train. To the Coroner: About a minute z;v\ a-half elapsed from the time the train set back till the accident occurred.

Mr: Weston: Do you consider tint on that occasion shun tins; was conduced in the usual and proper manner according to the rules of the service?— Witness replied that he did his liest in every way. To Mr. Grey: The driver of the shunting ensine was not going as slow ;is the signals required liiin. As soon as

witness found this he gave the signal to stop. The Department provided him with of rules. He was fairly iiuniiliaiT with them,

Mr. Grey: Was the signal you gave for moving slowly the correct one? Was it not according to the.rule book correct to hold the right hand up, and not move it slowly from side to side as witness had explained?— Witness (on looking at the book) found that the uorighi signal was correct. To Mr. Weston: He was confident the signal lie gave was title one usually adopted In practice. , Mr, Weston: Did you consider that, on thai, occasion shunting was conducted in the usual proper manner according lo the rules of the service?— Witness .replied that he did his best in every way,

, To Mr. Klrey: Tlhc driver of the shunting engine was not going as glowly as the signals required liim to go. As soon as witness found this he gave the signal to stop, To ( the foreman; It w as the usual practice to Hhunt while the goods tr.iin was standing on the loop. l| c considered that the trucks came down the incline too fast. The shunting engine driver placed the goods train in its position, ho must have been aware it was there.

Newton Leslie Ilonnylield, signalman, stated that lie was on duty in the ■signal-box on the morning of the accident. \TTTen tne 10.45 a.m. train from the south arrived there was no train standing on the loop line. The goods train was ordered there immediately after. The trains came under witwvs' control when they wanted to go ,trorn one road to another. He described the. signals as given by Engine-driver Hodge. Hie green flag was merely an indication that the points were set as requested. He had no other responsibility beyond" that. It was the shunter's duty to see to the train. Did not come into contact with the standing train. Witness did not see Fromont at the goods train. To the Coroner: From his signal-box he could eee all the points when the view was not obtsructed bv trucks.

To the foreman: It was the practice to have the goods train on the loop while the passenger train was in, and it was also the practice to shunt while the goods train was on the loop. This was done about four days out of six.

William W. Thompson, engine-driver, deposed that on the morning in question he was standing with the goods train ready to leave. He had a load of about 25 vehicles, or about 200 tons. After 'he had couplecl' on to tTTe train and pumped up the brake, Fromont Avas standing by the engine. Witness sa.'d, "It's all right, Fromont." Fromont theri x Signalled witness to apply the brakes, and walked along the train >n the seaward side, examining each vehicle to see that the brake was applied. On reaching the guard's van he gave the usual signal to release. This witness did and turned- round to look at the sight-feed lubricators. Almost immediately he felt a bump. It' would be about 30 seconds- after releasing the brakes. His engine moved nine or ten feet. He should 'say the spring of the buffers in the long train helped this. Fromont was opposite ths guard's van, clea r oi the train, when he signalled to release the After that witness did not see him. Witness had nothing more to do with the train examiner until thg latter-camt and told him all •was clear. He move his en•gine until this AvasTTMne. If the train examiner Avanted to go untier the train to do anything he should advise the driver, or else -take steps to protect himself. WitJness had never seen a train examiner protect "rimself with a flag, though he had frequently seen examiners go under a train with the brakes off. If ,the brai-ces had been on probablv only a portion of the train would liave shifted. To the Coroner: It was unusual for anything to bump into the train fry.n behinfi.

To Mr. Weston: It the brakes had not been off witness did not think the a'ccKlent Avould have happened. Wh-m witness got the release signal from Fromont he could liave seen the shunting train had he expected it and looked for it. Assuming the driver knew the goods train was there, and exercised proper precautions, the shunting coii'd have been carried out safelA*.

1 To Mr. Grey: Did not" know of : ,„v occasion on which this sluuuino- from •Mu main line had been dore vhilc the goods train was <tanlin<j on the 'nop. He did not do nvich shunting. To Mr. West.-n: Everyone in the train service had to incur nisk at some time, and often one wont into dancer .without thinking of it. ° .' . F. Day, staiioumaster at New Plymouth, stated that he was at the station at the time of the accident. Porter Beals notified him of it, AY'tiness found the goods train standing with the shunting train bumped into it. He described the position in which he found deceased, as already reported, and the sttps taken to release him. Fromont told witness that the butler o n the waggon next the van was slightly loiyer than the one on the van and 'he had gone between the vehicles to see it anything were wrong w ith the waggon springs, and that h L . had one hand°on the waggon brake when the accident occurred. Witness did not consider Fromont a careless man. There were always flags available if one were rctoiired. It wa6 very seldom any defects were found on waggons going out, as they were all examined coming in. Time was to be gamed by this smmt. which was a perfectly legitimate one. Similar operations were done everv day.

To Mr. Weston: The work of the railway here could not be conducted without constant shunting. The yard at the breakwater end v.as not of sufficient length to allow of convenient shunting. He could not say if that particular shunt were carried out. properly as he did not see the accident. Ih'.Mway work was attended with danger, no matter how careful a man migii'> be, and sometimes in the exigencies of ili e service men took risks which ihey were not justified in doing or asked to do by the Department.

To the foreman: In the face of this accident witness still considered it was a safe shunt.

• To the Coroner: The grade was, he thought, about on e in fifty, on a curve. ,The salt water. materially affected the i,rails by making them slippery. In spite of this he did not think this a danger■£iis shunting place.

To Mr. Grey: Ho could not say definitely if a similar shunt had been made Tfitn the goods train standing as far ■ba'-k as on this occasion. The Coroner remarked that it had always occurred to him, taking the above facts into consideration, that this .was a dangerous piece of line to shunt on. Of course he was not an engineer .or a railway man. At the request of the jury, Walter .James Carr, shunter in charge of the operations on February sth, .iraa called to throw a little light on the question oi hand signals. In reply to Mr. Grey, the witness stated that the •signals m the book referred to main line signals. Other signals - were used in shunting]

To Mr. Weston: The signals used by Balsam and illustrated by him in Court Avere those generally accepted in shunting operations here and elsewhere. • ■> To the Coroner: He had had something to do with teaching Balsam. To Mr. Grey: Witness had also been .shunter at Stratford. This concluded the evidence, which bad lasted about six hours.

The Coroner summed up briefly. There were only two questions to be considered, the cause of death and as to •Avhether anyone avhs responsible; and, .if so, whom. They might find the authorities guilty of neglect, and they might .also consider the question of contributory nen-ligence ou the part of deceased. Was the shunting carried out properly; and, if not, who Avas responsible, the engine-driver or the shunter? In conclusion, he stated that they must arrive from the evidence as to the cause ■of death, and might add any rider they pleased. The jury retired at five minute to .four »-nd on returning about 20 minutes later brought in -a verdict of accidental -a«ath. The foreman intimated that the .jury had no recommendation to make.