The recommendation to re- instate the train whistles was based on the facts that most of .the town’s residents live east of the track, that the railway line is used by only 16 or 17 trains daily and few of these are at niight, and added, "Even if one life is saved, it will be worth it.†Other jurors were Ronald Harding. Kenneth Addley, Dav- id Harvey and Diane Troyan. Sgt. Ted McBrien of Rich- mond Hill Police represented the crown. a train at the Crosby Avenue CNR crossing. All warning sig- nals were operative and the jury could only assume that some form of distraction within the ear or brake falhu e, was a con- tributory factor. However.’ jur- ors felt that a train whistle might have been heard. on Mr. Hanand, reported cause of death was clearly evident. “There were two serious frac- tures of the skull, associated with Injuries of the brain and several other injuries of con- siderable magnitude in the body, one or two of which could have caused death." He added that analysis of the blood showed no Ilcohol present. N0 ALCOHOL Dr. Donald Guthrie, patholo- gist, who performed the autopsy Foreman Munro Ashkanase presented the report of the jury to York County Coroner Dr. Bernard Granton. The jury found that Mr Harrand‘s death was due to fractures of the skull resulting in injury to the brain received in the collision of the automobile he was driving with a freight train at the CrOSby Avenue CNR crossing 3310.35 pm approximately Sunday even- ing, July 21, in which five people were killed. The other victims were Mrs. Margaret Taylor, Mrs. Enn Brake, 13-year- old Victor Stone and nine-year- old Daniel Stone, all of Toronto. The driver and the two women were declared dead at the seene and Victor was dead on arrival at York Central Hospital, Daniel lived until July 31 before suc-‘ cumbing to his injuries in thei Hospital for Sick Children, To-‘ ronto. ,. By MARY DAWSON A coroner’s jury at the Sep- tember 17 inquest into the death of Albert Ham-and, recommend- ed that train whistles be re- instated in Richmond Hill. Mr. Harrand was driver of a car involved in a collision with Bring Back Train William Swift, conductor of 10 THE LIBERAL, Richmond Hil1, Ontario, Thursday, Sept. 26, 1968 ‘ CNR Engineer N. B. Chubb reported that as his train came around the station curve, ap- proximately 1,045 feet from the Crosby crossing he was able to see that the warning signals were operating and no traffic was using the crossing. “It was not until the brakeman yelled that I was aware of the ap- proaching car,†he stated. “I didn’t see it at any time.†Mr. Chubb reported he had worked this line for the last 10 years and stayed with his engine as required by the railroad. SAW CAR HIT TRAIN Ian Gray, who was walking east on Crosby Avenue, on the imminent. “I yelled to the hog- ger to soak it," he said, “and the hogger immediately put the train into emergency." Later. at the request of Dr. Granton Mr Poirier translated “hogger†as engineer and‘ soak it" as making an emergency. stop. M1. Poirier also leportedi that the trains bell had beeni ringing since the last two cros- sings (Markham Road and Centre Street), but “we are not required to blow the train whistle as there is a town by- law." He also stated the train' 5 headlight was working and the headlights of the car were work- ing. The train was doing ap- proximately 40 to 45 miles per hour. The car was going east ‘and did not increase or decrease its speed, which he described as “normal†about 30 to 35 mph. The brakeman reported no .other traffic in the area. the crossing looked clear until the train was within 100-150 feet, and there was no visibility prob- 1cm. Robert Ash, who lives on Crosby Avenue. reported he saw 'the car go by the driveway and was first aware of the accident when the train stopped sudden- ly. In answer to a question from a juror he stated he did not hear the cm apply its brakes or the screeching of tiles. Joseph Hartin an employee of Horticultural Products. whose plant is located on Crosby Ave- nue beside the tracks, reâ€" ported he was working outside about 400 feet from the cros‘ sing, which was well lit up, when he heard the train come to a stop, “Since Crosby Ave- nue drops down to go over the railway tracks, I couldn’t see the car. I couldn’t see the bot- tom half of the train but could see the flashing lights, which were operating." He said the train was drawn by two 4,500 diesel engines, the front one of which had a long nose and the cab was located with about two-thirds of the engine ahead of it. EMERGENCY STOP John Poirier, CNR brakeman. reported he was riding on the left hand side of the diesel en- gine and at a distance of about 1,000 feet from the crossing ob- served that the flasher warning signals were working. When the train was approximately 125 feet away from the crassing he ‘first noticed the car approachâ€" ing, about 75 to 100 feet away, travelling at a normal speed, ‘and realized that a collision was imminent. “I yelled to the hog- ger to soak it," he said, “and the hugger immediately put the train into emergency." the northbound CNR freight. riding 53 cars behind the en- gine, stated ail cars were empty and the first warning he had of the accident was when the train went into emergency. .‘4 v34v\4v.w_\.v.V.V.V.V.V.VV,VV\. ‘0‘. NW. XXV CNR Claims Agent E. J. Rob- bins stated he had investigated the accident on behalf of the railway. He said signals are checked weekly by the section and monthly by the railway‘s signals department. The warnâ€" ing flashers at Crosby Avenue had been checked by the sec- tion on Friday and were check- ed by the signals department in the earlymorning hours of July 22 in his presence. Both inspec- tions found them in good work- ing order, he reported. Thirteen-year-old R o b e r t Geary. photographer, identified six photographs taken at the scene of the accident, showing damage to the car and train. FLASHERS WERE WORKING He told the inquest that the signals are completely automat- ed and have flashing red lights east side of the track and had'on both sides. just passed over the crossing, told the coroner and the jury that he turned around to watch the train pass and noticed car lights coming east on Crosby for an instant â€" “Then they were gone, and I heard she col- lision. The train came :0 a stop and I ran to a factory and got the workers to phone for the police and an ambulance." Mr. Gray also reported the warning signals working and the weather dry and stated the car hit the side of the train. “I could see the flash of the headlights be- tween the wheels of the train,†he reported. “and then they were gone.†There are two signals one on the south side west of the tracks and one on the north side east of the tracks, with both visible from both directions. A northbound train comes onto the circuit which activates these lights at 3,200 feet south of Crosby, a short distance north of Centre Street. The deisel engine had been found in good condition when inspected before the run, but damaged after the collision, he said. Answering a question from a juror he reported the permis- sible train speed, set by the company, is 60 mph for the type of train involved in the accident. Whistles-_- Coroners Jury Says BRAKES LAZY Gordon Taylor, husband of Mrs. Margaret Taylor, reported that Mr. Harrand and his other passengers had been weekend guests at his cottage near Col- lingwood. For some years when traffic on Highway 400 was heavy, he had made a practice of using the Aurora Side-road, Yonge Street and Crosby Ave~ nue on the return trip to his home at the Beaches. 0n the night of July 21, the Harrand car was following his and at the intersection of Highway 50 with Highway 9 had flashed its CROSSING GATES He also told the jurors, in reply to a question, that the Board of Transport Commission- ers does not normally approve crossing gates on a single line, but only where there are two or more mainline tracks. At Cros- by Avenue, he said, the second track is a passing track, not a main line. bylaw passed by the town and approved by the Transport Commissionâ€" and that numer~ ous cities in Ontario have sim- ilar bylaws. A maximum of 16 or 17 trains a day pass over the crossing. Answering a question from a juror he reported the permis- sible train speed, set by the company, is 60 mph for the type of train involved in the accident. Jury Foreman Ashkanase esti- mated that at that rate of speed the warning system would be in operation only 40 seconds be- fore the train reached the cros- sing, and Mr. Robbins stated that anything over 20 seconds is adequate warning according to the Board of Transport Comâ€" missioners. Mr. Robbins reported elimina- tion of train whistles in Rich- mond Hill was the result of a lights. Mr. Harrand asked that Mrs. Taylor ride in his car to direct him over this alternate route. “That was the last I saw Of my wife,†Mr. Taylor said. “When I came to Highway 400 the traffic was moving freely. so I used it. I didn’t know any- thing about the accident until the police officer knocked on my door.†Mr. Taylor reported. He said he had driven the 1965 Mercury to Collingwood on Saturday, a round trip of eight miles and had found the brakes “lazy", although they would stop the vehicle. Asked to tell what he meant by “lazy", Mr, Taylor, a power brake specialist, said, “For a woman to drive the car, it wasn't safe â€"â€" for a man driver. it was okay." He described Mr. Harrand as a sensible driver and added. “If I hadn’t thought so and thought the car roadworthy, my wife wouldn’t have got into it." Mr. Taylor also stated that Mr. Harrand had consumed only one Pint of beer on Saturday ‘evening, and “to my knowledge, ‘none on Sunday. He fished lwith the kids down at the bay.†TOWN’S BYLAW Councillor Lois Hancey was called to give the background of Richmond Hill’s Bvlaw 1248 scene at approximately 10.441 pm he testified. He helped re-i move the two boys from dual back seat and placed them in! the ambulance. The car came; to rest about 120 to 150 feet‘ north of the crossing with great-‘ est damage to the right front wheel well. he said. The only mark on the road was a gouge, possibly made by a metal object. but there were no brake marks and all railway warning signals were working. He identified Mr. Harrand as driver of the car because of the way he was situated and his shoe was near the brake pedal. MEASUREMENTS ‘Constable Kenneth Paton. who assisted Constable MacKay, testified as to measurements and visibiliity of the signal lights. In a test conducted at a later date, the glow of the sig- nal lights was visible at the Yonge Street entrance to Cros~ by Avenue, two-thirds of a mile away, the lights themselves be ing clearly visible at Pugsley Avenue, approximately 1.000 feet west of the crossing. The warning bell could be heard 750 feet from the track, by the ofï¬cer seated in his cruiser with the driver’s window down and [all others closed. He described Mr. Harrand as a sensible driver and added. “If I hadn't thought so and thought the car roadworthy. my wife wouldn’t have got into it." Mr. Taylor also stated that Mr. Harrand had consumed only one pint of beer on Saturday le evening, and “to my knowledge. none on Sunday. He fished lwith the kids down at the bay. " l TOWN’S BYLAW ‘ Councillor Lois Hancey was called to give the background of Richmond Hill’s Bylaw 1248 which prohibits the sounding of train whistles within Richmond Hill. It was passed by town council October 3, 1966, she re~ ported, and approved by the Board of Transport Commis- sioners August 29, 1967. She reported the bylaw was intro- duced as the result of com~ plaints from ratepayers. She also pointed out that Markham Township's Bylaw 2296 prohib. its sounding of train whistles at eight crossings in the township. BRAKE LININGS GOOD Mike Catania, licenced auto mechanic at Dan’s Esso Service Station, reported he had check- ‘ed the brake system of the car as closely as possible and found ‘the linings in the back wheels good, the left front wheel lock- :ed and the right front wheel imbedded in the debris. The master cylinder was gone and the power brake unit was also missing. so he was not able to establish brake failure. How- ‘ever, he testified that there was no trace of any leakage of fluid, commenting that traces of brake ‘fluid “will stick around for a :number of months. The car ‘was too mangled to come up with a decision," he stated. CARRIED 120 FEET He said he had driven the 1965 Mercury to Collingwood on Saturday, a round trip of eight miles and had found the brakes “lazy", although they would stop the vehicle. Asked to tell what he meant by “lazy", Mr, Taylor, a power brake specialist, said, “For a woman to drive the car, it wasn't safe â€"â€" for a man driver. it was okay." Richmond Hill Constable Douglas MacKay, arrived on the He also reported that a coun- ter placed by the Toronto and York Roads Commission at the railway on the weekend of Sep- tember 14â€"15, revealed that 6,059 cars passed over the cros- sing on Saturday and 3,087 on Sunday. Between 10-11 pm Saturday night 298 cars used the crossing and between the same hours Sunday 102. N0 TRAFFIC VIOLATIONS Constable Arthu: Haney re- ported the deceased driver had no record of demerit points or traffic violations. He said the three adults were in the front seat and the two boys in the back. One of the driver’s shoes was found under the accelera- tor pedal. In charging the jury, Dr. Granton noted that there were four factors involved in the acâ€" cident â€"â€" the train, the crossing, the car and the driver. Railway crossings may or may not have warning lights. gates or a grade separation. He didn’t feel that a grade separation was called for in this case, nor that the town’s bylaw was unreasonable according to the density of population in the area. “Out in the Oakville district, the trains don’t blow whistles," he said, “but they do have gates.†6.059 CARS IN DAY Many apartment dwellers insure furniture and personal belong- ings against ï¬re and theft. Other risks are often overlooked. Liability is one. If ï¬re starts in your apartment through negligence and spreads to other areasâ€"or causes smoke or water damageâ€"- you could be held responsible for thousands of dollars. Worth the risk? Of course not. Especially when Economical Insurance has a special Tenant’s Policy that will fully protect you. Rates are low. And service is personalized, thanks to your Economical Insurance Agent. Call today. He will be pleased to help you. Branch Ofï¬cesâ€"Vancouyer-EdmoMon-Winnipeg-LondonvHamilton-Toxon‘o-Onawa-Montreal-Moncton-Hahfax Willowdale .., Neil G. 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