or to the dictates of common sense, the protection was sufficient, yet the train ahead was telescoped as it was pulling out of a station. Of course, in placing the responsibility, the plain and real issue in this case was the question whether the express train was or was not running slowly and with extreme caution, as called for by the rules. In order to determine whether the rules and signals were sufficient to prevent a collision, it was surely proper and reasonable to ascertain whether, on this occasion, they were obeyed. But the Railroad Commissioners, after an exhaustive investigation, took a different view of the matter. Their finding or verdict in their own words was as follows:—
“It is not necessary to determine whether the engineman did or did not exercise proper caution; the significant fact is that the discretion actually used led to disastrous results. Under the conditions the signal should have been red.”
The harmfulness of this decision will at once be apparent. It cuts the personality out of the business at points where obedience to the rules is the vital issue. Green signals or red signals are equally valueless if ducks and drakes can be played with the rules in regard to them. A decision like this one is confusing and demoralizing to conscientious railroad men, and it converts the management and discipline of a railroad into a thing of shreds and patches.
