In re Rutland R. Co.

• Decision Date: 28 May 1906
• Court: Vermont Supreme Court
• Parties: In re RUTLAND R. CO.

64 A. 233

79 Vt. 53

In re RUTLAND R. CO.

Supreme Court of Vermont. General Term.

May 28, 1906

Proceeding by the railroad commissioners against the Rutland Railroad Company for the investigation of the cause of a crossing accident resulting in the death of Harris Lindsley and another. From an order of the commissioners directing that on and after January 10, 1906, the railroad company should operate its passenger and freight trains on the Bennington branch of its road, with engines headed in the direction in which the trains were moving, the railroad company appeals. Reversed.

Argued before ROWELL, C. J., and TYLER, MUNSON, WATSON, POWERS and MILES, JJ.

H. Henry Powers, for appellant. Clarke C. Fitts, Atty. Gen., for the State, and Railroad Com'rs.

TYLER, J. It appears that the railroad commissioners gave due notice to the Rutland Railroad Company that they would hold a session at Bennington on November 21, 1905, for the purpose of making public investigation of the cause of an accident to Harris Lindsley and Evelyn P. Willing which occurred on the Rutland Railroad in Bennington, August 14, 1905. The notice contained a request to the railroad company to produce before the commissioners all persons, who were in the employment or under the control of the company, who could give pertinent testimony in regard to the accident, and all records, reports, train orders, and documents which related to the matter. A meeting was held by the commissioners pursuant to the notice, when the estates of the decedents and the railroad company were represented by counsel and the state by the state's attorney of Bennington county. An investigation was then made of the cause of the accident, a large number of witnesses being examined, and the scene of the accident being visited by the commissioners, who subsequently made their report which was, in substance, that Mr. Lindsley and Miss Willing were approaching the railroad track from the east, in an automobile, which was running at a high rate of speed, just as passenger train No. 300 of the railroad company was approaching from the west, and that a collision occurred at Pike's Crossing resulting in the instant death of Mr. Lindsley and Miss Willing. The commissioners found that the primary cause of the accident was the carelessness of the chauffeur of the automobile in running it so fast, and in approaching the crossing without using his senses to ascertain whether or not a train was approaching the crossing. It was...