DEATH BY ACCIDENT – Verdict of Coroner’s Jury in Case of Little Girl Killed by Train

[The Welland Tribune and Telegraph, 30 June 1921]

An inquest was held by Dr. E. Nixon Davis, Coroner, at the Crowland Police Station on Monday night last on the body of Annie Czoblij, the four year old daughter of Mr. and Mrs. Joseph Czoblij of 8^th Avenue, who was struck by the express passenger train 34 on the crossing on the east side of the Michigan Central railway on Sunday afternoon June 19^th. Several witnesses were called. The coroner’s jury after a short deliberation returned a verdict of “Death by Accident.”

The first witness to be called was Duncan Dewar, engineer on the M.C.R. He slowed down for the bridge. He first saw the girl when she was about 124 feet from the engine. It was impossible to stop the engine. The child was on the side of the track about three rail lengths west of the bridge. He did not see the child after engine struck her as he had to attend to the engine.

Chief Jones of Crowland was then called. He said at about one o’clock on the 19^th he was called to the phone and told of the accident. He went over to the place and there found the child lying on the south side of the track and west of the draw-bridge about 15 feet from the road crossing the track west of the bridge. The body was lying clear of the track. He saw the child had been struck on the right side of the forehead.

The next witness to be called was Hiram Western, Section foreman. He said that he was off duty at the time of the accident, but happened to be going across the bridge. The child was on the feeder bridge when he saw her first. She was running in the centre of the track straight toward the engine. She then got on the outside of the track till the train hit her. He saw her struck. She was thrown he would say 12 or 15 feet east of the crossing and must have been instantly killed. He only saw a little boy with her. He was ahead of her. She was on the road crossing when struck.

Fred Taylor, bridge-tender, deposed that he was on duty when the accident happened. He saw the girl who was just west of the bridge on the east bound track. He only saw a little boy with her. When he first saw the girl he had not heard the train coming. He heard the whistle for the crossing and then he heard a second whistle which was to attract the child. When the second whistle went the girl was going west on the east bound track.  It appeared to him that the child was trying to make the cross-road. She ran straight into the engine. The train was slowing down as fast as it possibly could. He ran to the spot, but found the child was dead when he got there. Replying to Mr. Cowper as to whether there was any way of protecting the crossing, he said there was not. He further said that anyone taking the short cut by walking along the tracks over the canal bridge did so at their own risk. No one was really allowed on the track.

Dr. Allison of Welland was then called and said that he first saw the child in Pattison’s Undertaking Rooms. He examined the body and found that the skull was fractured and the neck broken. Death would be instantaneous. Being struck by the engine would account for the skull being fractured and the neck being broken.

The last witness to be called was Josif Czoblij, the father of the deceased. As his knowledge of English is very limited, his evidence had to be taken through an interrupter. In reply to the Crown Attorney, he said he lives about 60 feet from the track. The girl who was killed was his daughter. She was 4 years and 2 months old. He was not at home when the accident actually occurred.

The evidence of the witnesses being finished the Crown Attorney made his remarks to the jurors. He said that so far as he could see, the only verdict which it was possible to return was “killed by accident.” No one was to blame for the lamentable affair. However, it was a matter for the jurors to decide themselves.

The jurors then conferred and returned the verdict as above. The jury consisted of the following:- San G. Gurney, Foreman; Horace Ward, Joseph Hughey, Wm. La Fortune, Horace Gray, Geo. Hill, W.G. Minaker and Herbert Bayne. The interests of the Michigan Central Railway were watched by Mr. Rinch.