INVESTIGATION OF ACCIDENTS. STATE OF IOWA, TO HON. HORACE BOIES, Governor of Iowa: } SIR-About 2:30 A. M., September 21, 1890, a west bound freight train, No. 97, on the Omaha & St. Louis Railway, broke through a burning trestle about one-half of a mile west of Nansen station, and about seven miles southeast of Council Bluffs, killing engineer M. Eskridge, fireman J. Burke, and head brakeman R. G. Williamson. Engineer Eskridge went down with the engine and his body was largely consumed by the flames from the burning tar, Fireman Burke seems to have jumped from the engine and was pinioned beneath the forward trucks. His companions made every effort to rescue him, but were finally driven back by the intense heat. His remains were partly consumed by the flames. Head brakeman Williamson was thrown forward over the engine into a clump of bushes. Hs was conveyed to a farm house near by where he expired about two hours afterwards. There were two passengers in the caboose and two tramps turned up that had been riding on the car next to the last one that went down. They were given lanterns and sent on to Council Bluffs where they reported the accident to officers of the company. The engine was badly wrecked, the major portion of the trestle and thirteen loaded cars burnt. Five cars, including the caboose, remained on the east end of the trestle, and with their contents were saved. Of the cars destroyed three were loaded with coal, one with beer, one with carriages, one with tar and seven with merchandise. This train registered out of Shenandoah, the last register station passed by it, at 11:58 P.M. Under the time card it should have left that station at 10:18, making it one hour and forty minutes late. The surviving train men testified before the coroner's inquest, that the train was running at about twenty miles an hour just before reaching the trestle. The train being late, on a down grade, and having a clear track into Council Bluffs, it would not be unreasonable to conclude that it was running at a greater rate of speed. The trestle 355 feet long and 52 feet, at highest point, above the dry ravine that it spanned. This trestle was rebuilt November, 1887, and last formal inspection made July 24, 1890, and then found to be in first class condition. East from the end of the trestle the grade is 70 feet to the mile with a curvature of 3 degrees and 25 min. per 100 feet. The view of the trestle was obstructed by trees and brush and by a cut. The freight cars and caboose were equipped with hand brakes the engine with steam brakes. At 7:30 on the evening previous, freight train No. 72 left Council Bluffs with 4 loads and 11 empties. Section foreman Chamberlain, who has charge of the section adjoining the trestle on the west, was on this train and noticed trestle as the train passed over, and there was nothing wrong with it. He also stated that he had examined the bridge a week provious to the accident and that it was in good order. There was no testimony showing how the fire originated, but the reasonable presumption is that it was fired by the engine of train No. 72. Conductor Durbin testified that he was in the caboose and felt the jar from the engine; that he immediately got up in the cupola and saw the cars going through the bridge. Rear brakeman Sherman testified that he was on top of train and set the brakes as the train came over the hill; saw the reflection of the fire, and at first thought it was a big fire in Council Bluffs; as the train pulled around the curve west of the cut he saw the bridge on fire, and jumped off. Before jumping off he saw the head brakeman on top of train two or three cars from the engine. The trainmen who survived the accident took all reasonable precaution to prevent further disaster, to rescue their unfortunate comrades, and prevent the further destruction of property. The coroner's jury returned the following: "An inquisition holden at Council Bluffs, in Pottawattamie county, on the 22d day of September, A. D. 1890, before J. C. Waterman, coroner of said county, upon the bodies of R. G. Williamson, J. Burke and M. Eskeridge, there lying dead, by the jurors whose names are hereunto subscribed. The said (jurors) upon their oath do say, that the above named came to their death by being in a wreck caused by the burning of a bridge, the origin of said fire being unknown to the jurors, and we find no evidence of carelessness on part of said railroad company nor its employes." From the investigation made by the Commissioners it appears to them that the trestle was in good order, but had been fired near the west end by the engine of train No. 72, which passed over some hours previous to the accident. The train that went through was probably running at a high rate of speed, and not being equipped with train brakes could not have been stopped between the point of first view from the engine and the easterly end of the trestle. The engineer, without doubt, reversed his engine and made every effort in his power to stop, but failing in this made a dash for it, with the hope that there was still sufficient strength in the stringers to carry the train over. There is certainly no blame to be attached to the train crew, unless it be that they were running at too high a rate of speed. A trestle of the length and height of this one, and situated as this was, should always be approached by trains with great care. Railroad companies should also use great care in seeing that trestles like this one are in order, and should either protect the stringers from fire by covering them with metal or by exercising other precautions. Respectfully submitted. By order of the Board. W. W. AINSWORTH, Secretary. DIGEST OF JUDICIAL DECISIONS. DECISIONS OF THE SUPREME COURT OF IOWA, RELATING TO RAILROADS, DURING THE YEAR. (NOTE-The Commissioners' report for 1887 contains a full index to the first ten volumes. CASES REPORTED. Andrews v. Mason City & Fort Dodge Railway Company. Geiger v. Chicago & Northwestern Railway Company. Lee v. Chicago, Rock Island & Pacific Railway Company; Robinson v. Chicago, Rock Island & Pacific Railway Company. DECISIONS. FIRES. Where there is no controversy, in an action against a railroad company for negligently setting fire to plaintiff's hay, that the fire started outside of defendant's right of way, and it is not alleged as negligence that the right of |