Prince William County Virginia Clerk’s Loose Papers

In the Circuit Court for Prince William County, April Term, 1904, Ernest E. McDonald’s administrator vs Southern Railway Company. Trespass on the Case – Amount sued for $10,000. Before Judge C. E. Nicol and a Jury. Appearances: James R. Caton Esq. and Edmund Burke Esq. for the Plaintiff and Hon. R. Walton Moore and J. B. T. Thornton Esq. for defendant. Manassas, Virginia April 7^th 1904.

Testimony for Plaintiff
Mr. A. M. Wattell a witness of lawful age, being duly sworn testifies as follows:
By Mr. Caton

Q. Mr. Wattell what are your initials? Ans. - A. M.

Q. Where do you reside A. Alexandria, at present

Q. What is your occupation A. When sir? Brakeman on the R. F. & P.

Q. Where were you employed on the fourteenth of November 1901? A. Southern Railway

Q. In what capacity? A. That of conductor

Q. What Train? A. On the fourteenth? Work extra

Q. Where were you on the fourteenth? A. At what time?

Q. During the day or evening?

Mr. Moore: That accident was on the fifteenth, I think Mr. Caton.

Mr. Caton: Yes sir, I know; but I said the 14^th.

Q. Where were you on the afternoon of the fourteenth? A. Between here and Fairfax

Q. What Engine did you have at that time? A. No. 546.

Q. What was the condition of the engine while working at Manassas on that day? A. That’s right hard for a conductor to say

Q. Well, so far as you know? A. Why she gave satisfaction then; all that we needed.

Q. What was the character of the work you were doing? A. Very light work, very light sir. The crew had gone there for the purpose of moving some construction company in a siding and it was very light work.

Q. While you were at Fairfax what was done in reference to that engine, as to its condition; what notification as to its condition. A. Why, I think you will get that evidence from our engineer sir. His duties require him to make the necessary reports.

Q. Do you know whether he made any such report from Fairfax? A. I understood from him he did.

OBJECTION. - SUSTAINED.

Q. After you finished at Fairfax, then to what point did you go. A. Manassas

Q. What time did you get here that evening? A. I don’t remember exactly.

Q. Early or Late? A. Why, you might say early. It was I suppose something after seven o’clock, I don’t remember exactly.

Q. Well, after you arrived at Manassas did you put up your train and engine? A. Yes sir, supposed to be in camp then to the next day.

Q. What next followed, were you called up before the next morning? A. Yes sir, called for an extra up the branch road.

Q. Manassas Branch? A. Yes sir.

Q. Going westward from Manassas? A. Yes sir.

Q. About what time were you ordered to leave? A. Why I suppose it was 11:30 or something like that. My records show we were called at 11:30

Q. When did you receive orders to leave Manassas going westward on the morning of the fifteenth? A. I don’t remember.

Q. What time did you leave? A. I left down here at the coal bin after finishing my work to go at 3:50, my records show that.

Q. You left Manassas at 3:50? A. Yes sir.

Q. You have that train book with you? A. Yes sir.

Q. You can produce it? A. Yes sir, I have it in my pocket.

Q. From whom did you receive orders to go on that morning? A. Why I was called. Of course, I don’t know. I supposed they had been issued by the Superintendent. I was notified I was wanted for an extra from here to Strasburg. I had running orders of course, that is, train orders from the dispatcher, whoever they chose to have as dispatcher.

Q. What was that? A. To run from Manassas to Strasburg Yard.

Q. How far is that? A. I think it is about 61 miles.

Q. What engine did you take on that morning? A. Engine 546

Q. The same engine you had at Fairfax the day preceding? A. The same engine I had the day before.

Q. How many cars did you take? A. I had five loads and twelve empties, seventeen cars in all from here.

Q. What would be considered a full train for an engine in good condition going from Manassas westward to haul to Strasburg? A. I don’t remember ever hearing the returns for that class of engines. I suppose 15 or 16 loads, if it was in good condition.

Q. After leaving Manassas what was your first stop? A. Wellington

Q. How long were you detained there? A. I think I left Wellington at Five o’clock; left here at 3:50

Q. How far is Wellington from Manassas? A. Shows five miles on the schedule.

Q. While at Wellington did you have to stop for any other purpose than to shift cars? A. Our engine was steaming badly and delayed us there somewhat. Of course, the shifting could have been done while we were getting the train in shape. Only had five cars to handle to make two shifts.

Q. You were delayed by having to steam up at that point? A. That was my instructions from the engineer.

Q. After leaving Wellington where did you next stop? A. Just on top of the hill, just beyond Wellington.

Q. About how far? A. I suppose it is half a mile maybe from where he had first stopped to where he stopped the second time.

Q. Why did he stop there A. He hadn’t steam, or his engine was not in condition to move the train, that’s what he said.

Q. How long were you there so far as you remember? A. Not very long, five or six minutes possibly something like that.

Q. What rate of speed had you maintained going from Manassas up to Wellington, about? A. From Manassas to Wellington?

Q. Yes, How fast were you running? A. I couldn’t tell exactly, we were doing fairly well until we got far as Wellington I suppose 15 miles an hour, maybe twenty, something like that.

Q. How far beyond the last stopping point was the place of the accident? A. I understand it is 1 ½ miles west of Wellington, so I was told; that would make it a mile yet beyond that.

Q. About six miles from Manassas somewhere about? A. Yes sir, I should think it was 1 ½ miles beyond Wellington and 6 ½ miles from there (Manassas)

Q. When the train failed to make steam beyond Wellington did you go forward to the engine? A. Yes sir

Q. Did you have any conversation with the engineer at that time?

Q. As to the condition of the engine?

Q. You say the engine didn’t steam when you got on the hill? A. What engine?

Q. The engine of the train you were on. A. 546 yes sir, of course.

Q. You were in the caboose first A. Yes Sir.

Q. Then you went up forward to see what the trouble was? A. Yes.

Q. Did the engine stall on the hill?

Q. Did you see the condition of the engine when you went forward? A. I wouldn’t know if I saw it. I don’t know one thing about an engine. I took his word for it.

Q. You were the conductor? A. Yes sir.

Q. What did you intend to do with it on the route? A. My suggestions were that we put it in the side track if it didn’t improve, my patience had been spent with it.

Q. Did you have any designated point in your mind? A. I would like to have gotten to a telegraph office.

Q. What telegraph office? A. Haymarket was the next one.

Q. Did they have a telegraph operator there at night? A. I don’t think they do, they didn’t then.

Q. Did they have any on their line or railroad from Strasburg to Manassas at that time? A. No

Q. Did you receive any instructions that No. 832 would follow you that night? A. No sir.

Q. Was that the train that McDonald was on Engine 832 with a caboose? A. I think so sir, yes sir, that’s the one that ran into me.

Q. You say that train ran into you, about how far west of Wellington? It was told me to be 1 ½ miles from there.

Q. What part of your train did it strike? A. The rear end of course.

Q. Did you have a flagman on the rear end of your train? A. He was there when I saw him last.

Q. That was before you went forward? A. Yes Sir.

Q. Did you remain forward on the engine after you discovered the crippled condition she was in. A. I was with him when the accident occurred.

Q. With whom? A. With the engineer on the engine?

Q. Would you have been on that engine if she had not been in a critical condition?

OBJECTION AS LEADING - SUSTAINED.

Q. Why did you remain on the engine Mr. Wattell? A. After having gone there, I thought I might as well ride there as anywhere else. The work I had to do required me in front as a rule.

Q. After the collision did you see Mr. McDonald, Ernest E. McDonald. A. Yes sir.

Q. Where was he? A. Lying alongside of the track sir.

Q. Was he bruised and injured about his body? A. Well he seemed to have been right badly used. I could not tell how badly. I didn’t notice; I didn’t stay there long enough. I removed him to see that nothing happened to him.

Q. Was Mr. McDonald dead when you saw him? A. Perfectly so sir.

Q. What became of your rear flagman, and what is his name? A. My flagman? Driver, W. E. Driver

Q. What became of him? He was supposed to be burnt up in the caboose. The remains of someone was found there.

Q. Only man lost on your train? A. Only man back there that could have been lost.

Q. Have you got the orders that were given to you that morning? A. No sir.

Q. What became of them? A. I don’t know just what was done with them. After they had been used they were thrown away, there was no special rule to retain them.

Q. If the engine 546, drawing your train had been in good condition where would you have been at the time of the accident; how far up the road?

OBJECTION - OVERRULED.

Ans. There is no limit to an extra. We had no schedule. If the engine had been in proper condition with the train I had I could have made fairly good time, where I would have been I couldn’t say.

Q. Would you have been this side of Gap Siding or the other side?

engine, that’s what I would suppose. Now this engine with the train I had I would suppose would have gotten beyond Mr. McDonald’s working limit, provided I knew when he left here. I don’t know what time he left Manassas, as I had no warning of his leaving behind me, that fact will have to be determined by what time he left here.

Q. If engine 546 had been capable of drawing a train at the rate of speed engine 546 could have drawn the train if engine 546 had been in proper condition for the work of drawing a train at what point on the railroad would engine 546, with cars attached, been at the time of the accident or the collision?

Mr. Moore: I object to that. It pre-supposes it was not in proper condition and the witness has

said he did not know what condition it was in.

steam on the road, that they had reported at Fairfax on the day before all this, and I think the evidence is amply before this jury and your Honor to show that the engine was not capable of hauling the cars. My question is based upon the supposition simply to get at the fact to be established deducible from the hypothesis, and when I propounded this question it was on that theory. I am asking him how far the engine would have drawn the train, whether it would have been beyond Gaps Siding or not, otherwise the jury will be left in the dark.

would ordinarily have made, and how far the engine ought to have been.

our capacity to know it. I could only get my information from the engineer, and depend on him to tell me.

Q. Was the engine doing ordinary work that time? A. The engine had stopped, and he gave me as evidence it would not make enough steam.

fault of the engine was.

Q. I want you to tell how far west that train would have been if she had been steaming and not struck by someone else at the time she was struck? A. Leaving here at 3:50 and being struck at 5:13, well, let’s suppose she would make 25 miles an hour, at what point on Manassas Branch is 25 miles from Manassas.

Q. Would she have been beyond Gaps Siding, 15 miles? A. She should have been with the work I had for the engine to do. My work required me about ten minutes, and I could have gone away unless prevented from some other cause.

X-EXAMINATION

Q. Mr. Wattell how many loads was engine 546 drawing that morning? A. Leaving here sir?

Q. Yes sir. A. Five and twelve making 17, five loads and twelve empties.

Q. 12 empties? A. Yes sir.

Q. When you spoke while ago about what you supposed would be a full load for an engine, I think you said 15 or 17 loads, didn’t you? A. I said I would suppose so.

Q. You meant all the cars would be loaded? A. Ordinary loads, just as they would be.

Q. Now, Mr. Wattell, how long did you stop at Wellington? A. I haven’t any record of my delays there.

Q. Several minutes I suppose, you stopped there not only to shift cars, but it was understood the engine was not steaming is that correct? A. Yes sir.

Q. Did your flagman, Mr. Driver, go back to protect the rear of the train while it stopped there? A. He didn’t do so on arrival at Wellington.

Q. Did he do so while the train was at Wellington? A. I left him then, I don’t know, he came back to the rear end.

Q. You didn’t direct him to do it? A. Did not.

Q. Didn’t ask that he did it? A. Did not.

Q. When you proceeded on from Wellington up the hill 1 ½ miles or so, you stopped for several minutes; did Driver go back then to protect the rear of the train? A. I don’t know sir. I was on the engine.

Q. You didn’t see that he went back? A. I didn’t instruct him to go, and didn’t see that he had gone.

Q. Was it your duty under the rules, Mr. Wattell, to see that he did protect the train? A. I am responsible for it sir.

Q. Mr. Wattell you had been on that line for sometime hadn’t you? A. Not regularly.

Q. For how many months or how many years? A. I couldn’t remember the number of trips I had made.

Q. You knew it was a single tract? A. Yes.

Q. And that freights and extras were liable to be running in both directions night and day, scheduled and unscheduled? A. Just as much as anywhere else, that would be governed by the Superintendent.

Q. And with that knowledge you did not direct Mr. Driver to go back and protect the rear of the train there at Wellington or a mile and one half from Wellington.

OBJECTION - OVERRULED.

Ans. It was not one and a half miles from Wellington, the train was moving one and a half miles from Wellington.

Q. I mean previous? A. At no time, did I order him to protect the rear, he was governed by his own rules and regulations.

Q. You have stated Mr. Wattell it was your duty to see that he went back and protected the train? A. I understood I was responsible for his protection of it.

At 1:10 P.M., the Court adjourned to meet at 1 P.M. same day.

Q. Mr. Wattell, when a train is standing or is moving at night, a freight train, how many lights, if any lights, are shown on the rear? A. There are two indicating the rear of the train.

Q. What are those? A. Red

Q. Did that train have red lights that night? A. When I left it last it did.

Q. That was just previous to the accident wasn’t it? A. Yes sir.

Q. You have stated that so far as you know the flagman, Mr. Driver, did not go back to protect that train, that’s correct isn’t it? A. Yes sir, so far as I know. I don’t know whether he did or not.

Q. You have nothing to indicate that he did? A. I don’t know one way or the other.

Q. You didn’t hear any whistle calling to him? A. I don’t remember whether he called him in or called for a signal.

Q. Can’t tell us whether he went back or not? A. No sir, can not.

Q. Now Mr. Wattell, will you please look at Book of Rules which I hand you and see whether you recognize rules 367, 370 and 409, as having been in force at the time of this accident; take 367 first, you can read them to yourself, then 370 and 409? A. They are about the same as when I was examined, so far as I can see.

Q. Same rules so far as you know as were in force at the time of this accident? A. Yes sir.

Mr. Moore: I want to read them just at this point/

Mr. Burke: I don’t see the applicability of those rules to this case, as to the duties of conductor.

The Court: It seems to me the rules connected with this accident, which regulated the operation

of those trains is relevant to this case. I will admit them.

367. They will have charge of the trains to which they are assigned and of all persons employed thereon. They are responsible for the safe and proper management of such trains, for the protection and care of passengers, baggage and freight, for a thorough performance of duty by the train employees, and for the observance and enforcement of all rules and orders relative thereto. They will report all violations of rules and neglect of duty by the train employees to the Superintendent or Trainsary, suspend any such employee for the rest of the trip, should safely require it.

Q. And you say you did not give any instructions to Mr. Driver, if I understood you correctly, because he had and knew the rules himself? A. He is required by the Company to know them sir. You will find that in instructions to flagman. They are instructed to flag without my instruction.

trains, not of conductors of trains approaching.

Q. Mr. Wattell, you have referred to the rule which governed the flagman, and which you looked to him to obey, but do not know whether he obeyed or not, have you reference to Rule 99 in the rule book which I have shown you? A. That is a flagman’s rule which he should understand. Isn’t there some in there which say they shall not wait for conductors to authorize them to go back, doesn’t it say so sir?

Q. Rule 99 in this book which you have looked at, is the rule in force at the time of this accident? A. Just the same sir.

99.When a train is stopped at an unusual point or is delayed at a regular stop over three minutes, or when it fails to make its schedule time, the flagman must immediately go back with danger signals to stop any train moving in the same direction. At a point ONE-HALF OF A MILE (or 18 telegraph poles) from the rear of his train he must place one torpedo on the rail, on engineman’s side; he must then continue to go back at least THREE-FOURTHS OF A MILE (or 27 telegraph poles) from the rear of his train and place TWO torpedoes on the rail, ten yards a part (one rail length), when he may return to a point ONE HALF OF A MILE (or 18 telegraph poles) from the rear of his train, and he must remain there until recalled; but if a passenger train is due with TEN minutes, he must remain until it arrives. When he comes in he will remove the torpedo nearest to the train, but the TWO torpedoes must be left on the rail as a caution signal to any following train.

If the delay occurs upon single tract, and it becomes necessary to protect the front of the train, or if any other track is obstructed, the front brakeman must go forward and use the same precautions. If the front brakeman is unable to leave the train, the fireman must be sent in his place.

On descending grades, or during blinding storms or fog, the flagman must go as much further than the distance named above as will insure absolute safety, placing the torpedoes at relatively greater distances from the obstruction.

RE-DIRECT EXAMINATION

By Mr. Burke:

Q. Mr. Wattell, in answer to a question by Mr. Moore you said there was a rule which required that flagman must not wait for a signal from the conductor; I call your attention to Rule 590, and ask if that is the rule to which you refer? A. That is the same thing. They do it without instructions, under that rule.

Mr. Burke reads Rule 590, which reads as follows.

590. They (Flagmen) must obey the signal from the engineman prescribed by the Rules, but they must never await for such signal or for orders from the conductor when their trains need protection.

(Witness Excused)
Mr. M. J. Cullen, a witness of lawful age, being duly sworn testified as follows:
Q. Mr. Cullen, state your place of residence? A. Alexandria.

Q. What has been your business for the past several years? A. Engineer

Q. How long have you been an engineer? A. Since 1895, nine years.

Q. Engineer, with respect to what sort of engines? A. Locomotives.

Q. Engines? A. Yes sir.

Q. In whose employ were you on the 14^th day of November, 1901? A. Southern Railway Company.

Q. Were you acquainted with engine No. 546? A. Yes sir.

Q. Where were you on that day,-the day before the accident to Mr. McDonald, where were you and where was that engine on that day? A. Between here and Fairfax, - Manassas and Fairfax.

Q. What sort of work were you doing with that engine? A. Putting in a steam shovel up at Fairfax.

Q. Was that light or heavy work? A. Light work.

Q. What did you discover in connection with that engine on that day? A. Discover?

Q. Yes sir. What was her condition on that day? A. Her condition was that she was not steaming very good.

Q. Did you make such report? A. Yes sir.

Q. To whom? A. Master Mechanic.

Q. Where? A. Alexandria.

Q. Where did you make that report? A. At Fairfax.

Q. In Fairfax County? A. Fairfax Station.

Q. What direction was given you by the Master Mechanic after you made the report that she was not generating sufficient steam? A. Didn’t get any.

Q. Did you get any directions from any source as to what you were to do with that engine, and where she was to be repaired? A. Not at that time.

Q. When did you get them? A. That evening.

Q. Where were you? A. Manassas.

Q. What were the directions? A. To take it to Strasburg.

Q. For what purpose? A. He never fixed that.

Q. What time did you get that information in the day preceding the accident? A. About seven o’clock in the evening.

Q. Through the telegraph office at Manassas? A. Yes sir.

Q. Now you stated I believe that you were the engineer on that engine 546? A. Yes sir.

Q. What orders did you get on the next morning, the morning of the fifteenth, and at what time did you get those orders if you remember? A. I don’t remember. I got orders to run extra from Manassas to Strasburg Yard.

Q. What were you to do with respect to cars with that engine 546? A. Respect to cars?

Q. Yes, was the engine to proceed alone, or were you to draw a train of cars? A. Take a train.

Q. How many cars did you have orders to take? A. I don’t know as I had orders to take any amount. We had 15 or 17 cars.

Q. Do you remember how many were loaded? A. No sir.

Q. Where were you directed to go with that train? A. Strasburg.

Q. From whom did you receive that order? A. Chief train dispatcher I guess.

Q. Have you got that order? A. No sir.

Q. I suppose you turned it in or something? A. I don’t think I did.

Q. What time did you leave Manassas on engine 546 and the train, on the morning of the 15^th of November 1901? A. I couldn’t say. Somewhere around 4 o’clock. It might be after four o’clock, - about that time.

Q. Do you know how long it took you to get to Wellington that morning? A. No sir, couldn’t really tell now.

Q. When you arrived at Wellington, tell the jury how long you were delayed at Wellington? A. I was delayed about 20 minutes.

Q. How much were you delayed by work and how much by, in, an effort to get up steam. A. I stayed there about ten minutes for steam.

Q. After you left Wellington, how far did you proceed before you stopped? A. About a mile to the top of the hill.

Q. What caused you to stop? A. Stopped for steam.

Q. After you stopped Mr. Cullen, how long did you remain there, or were you unable to get up steam? A. 8 or 10 minutes.

Q. Who was your conductor? A. Wattell.

Q. Do you remember his going to the front of the engine and getting on the engine? A. Yes sir.

Q. Did you notify him of the condition of the engine? A. No sir.

Q. There was a collision occurred that night between the rear of your train and the train of Mr. McDonald, did you see Mr. McDonald that night? A. After the collision I seen him.

Q. Was he alive or dead? A. Dead.

Q. How far had you proceeded after that last stop? A. About three quarters of a mile, half or three quarters.

Q. If your engine had been capable of generating the proper amount of steam, how far would your train have proceeded on your way to Strasburg before that accident. A. Well, I made about the schedule run, only that ten minutes I stopped at Wellington. I suppose I would have been gone 20 minutes.

Q. How far would that have been? A. Five miles or six.

Q. Would it have been beyond Gaps Siding? A. No sir.

Q. Would not? A. No sir. I couldn’t really tell how far I would have been. I was making schedule time with the train, while I was running.

Q. If you had been making schedule time, what would be the schedule with a train of cars between eleven or twelve light cars and five loaded cars. A. There are different schedules for trains.

Q. What would be about, - you were not running by any schedule that night? A. No sir.

Q. You left here at about what time? A. Somewhere around four o’clock.

Q. It was not quite four was it? A. I guess it was four o’clock.

Q. Do you know what time this accident happened? A. Yes sir.

Q. What time? A. 5:15

Q. That was an hour and twelve minutes after you left here? A. Yes sir. I really don’t know the time I left here.

Q. How long were you delayed by the switching at Wellington? A. 10 minutes, We had a couple of switches to make.

Q. Delayed ten minutes making the switches? A. Yes sir.

Q. And how far were you from Manassas when the accident happened? A. Seven and three-quarters of a mile, or seven and a half.

Q. Deducting twelve minutes for an hour and thirteen minutes would leave an hour and one minute, that you went 7 ½ miles in, how far would you have gone in an hour and one minute, if you had an engine in fit condition to draw that train? A. Couldn’t tell you that.

Q. Can’t you estimate it, running at the proper rate of speed? A. There are grades there you can make 25 miles and hour, and grades you can’t make 10.

Q. I am asking you as to the average, with a good proper engine, and that engine in good order, fit condition? A. You might make ten miles an hour, going up grade around Wellington, then you would make 25 miles in other places.

Q. Taking it from here on beyond Wellington, how far would you have gotten in an hour and one minute, leaving Manassas, on that line of railroad, with an engine in good condition? A. I couldn’t tell you that.

Q. Would she have made 15 miles an hour in good condition? A. Well, she might have in places she would make over that and in places she would not make it.

Q. Wouldn’t the average be 15 miles an hour? A. Might, without stops.

Q. Well, I have deducted the stop at Wellington. Then you would have gone 15 miles from Manassas in a hour and one minute, without stopping? A. Yes sir.

Q. And you stopped ten minutes at Wellington and it was one hour and thirteen minutes after you left Wellington that the accident happened? A. No sir. After I left Wellington.

Q. After you left Manassas? A. I really don’t know what time I left Manassas, - couldn’t say. Register calls it fifty.