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Death of a Lineman
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Here is the background.

On July 19, 1912 Gwendolyn's  grandfather Joseph Frank Hirschvogel was working as a telegraph lineman for Western Union and was traveling home to Pocatello on a speeder after working on a job west of American Falls Idaho. At mile post 241 1/4 he was struck from behind by train No. 10, engine 858 with conductor L. A. Lehrbas and Engineer Luke Lamb. He was killed instantly. This happened at 6:07 p.m. and it was determined that this was all my great grandfather's fault, he had forgotten, it was said, that the train was due.  But was this really all his fault?  What we know comes from  two newspaper articles.  

July 21, 1921 Pocatello Tribune, page 8

LINEMAN MEETS INSTANT DEATH

Joseph Hirschvogel Struck by Engine No. 10 in Cut West of American Falls and Instantly Killed - Leaves Family Here - Was Lineman for Western Union - Evident That Unfortunate Had Forgotten Train Was Due From West.

Joseph Hirschvogel, a lineman in the employ of the Western Union Telegraph Company, was struck by the engine of fast mail train No. 10, in the cut two miles west of American Falls and instantly killed.

The deceased, who has been working in the vicinity of the Falls for some time, was on his way to the town on a speeder when the accident happened. The train was five minutes late and was turning the curve to the left when Engineer L. F. Lamb cited Hirschvogel not 30 feet ahead. The grade is so steep and the speed of the train so great that there was no time for warning or slaking of speed. The speeder and its rider was thrown fully 40 feet. The train was stopped as soon as possible and Conductor L. H. Lehrbus, who was in charge, was at the side of the victim in two minutes after the accident, only to find that death had preceded him. The body was brought to American Falls, where an inquest was held this morning. Later it was brought on to this city and taken to the undertaking rooms of W. T. Walker, where it is being prepared for burial.

Deceased was a resident of this city, coming here about two years ago from Salt Lake. He leaves a wife and two daughters, Helen and Florence, at the grief-stricken home at 1153 South Forth avenue.

Mr. Hirschvogel was an active member of the local lodges of the Moose and the W. O. W., which organizations will undoubtedly have charge of the funeral arrangements, the hour of which has not as yet been fixed.

 

July 24, 1912, Pocatello Tribune

HIRSCHVOGEL RESPONSIBLE

LINEMAN BLAMED FOR HIS TRAGIC DEATH

Man Struck and Killed by East Bound Fast Mail Found by Board of Inquiry to Have Failed to Exercise Due Precaution While on Speeder.

A board of inquiry convened at Pocatello, Saturday, July 20, for the purpose of investigating and fixing responsibility in connection with the death of Joseph F. Hirschvogel, lineman, struck by train No. 10, Engine 858, Conductor L. A. Lehrbas, Engineer Luke Lamb, mile post 241 1/4, west of American Falls, Idaho, 6:07 p.m., Friday, July 19, 1912.

The board found:

"That deceased left Pocatello that morning on his motor car to do some work between Quigley and Wapi, distance about 45 miles west, and was returning home at time of accident, riding on motor car at speed of about 15 miles per hour, on time of fast mail train No. 10, consisting of five cars, that train being about five minutes late: that train No. 10 was running at a speed of from 45 to 50 miles per hour, which is usual at this point; that track in vicinity is tangent for approximately two miles west of point of accident on gradient of two to seven-tenths per mile; except for milepost 241 to point one-fourth miles east, or point of accident, and extending approximately one-fourth mile beyond there is a curve of one and four tenths degrees to the left, there being a cut 760 feet, more or less, west of point of accident, which prevented fireman seeing the speeder, and engine had advanced to within 150 to 200 feet of speeder before fireman observed it, when be immediately notified engineer, who was prevented from seeing track around curve to left, and the latter at once put air into emergency and sounded engine whistle simultaneously, which whistle is of the calliope type and average in intensity of loudness, but before train could be brought to stop, engine had struck speeder and its passenger, and ran five or six train lengths beyond, resulting in instantaneous death of deceased, whose body was thrown clear of and to right of engine; that deceased was riding motor with feet to inside of track, contrary to usual and good practice, which is substantiated by fact that he turned head to left when approaching engine was within 20 to 30 feet of him, and that post mortem examination showed that force of concussion was on left side and back of body; that deceased was fully aware of the danger of operating motor car on railroad tracks, and has been cautioned to be on constant alert for trains to protect himself and that he apparently was aware of train No. 10 was due, and was looking at his watch at time as it was found in left sleeve of his coat, and that he had full view of block signal almost constantly, either to rear or in front, which would show if both was occupied by train."

"After listening to all the testimony, we find accident due entirely to carelessness of deceased, who has worked on railroads, and was familiar with train movements during past three years, and that engineer and firemen exerted every effort at their command to avert the fatality."

The report is signed by J.F. Hogle merchant; H. J. Plumboff, assistant superintendent; C. E. Brooks, assistant superintendent; G. W, Lillie, assistant superintendent.

 

 

This type of board of inquiry was probably common in the early 1900s, but today it is apparent that the board left a lot of questions behind.  We have found out over the Internet that  engine 858 was a Common Standard Atlantic type with 4-4-2 wheel arrangement. Built by Brooks in March 1908 and scrapped in January 1928 and was owned by Union Pacific Railroad subsidiary Oregon Short Line. It burned coal and was one of 12 owned by the Oregon Short Line.

We found that in the December 1912 Timetable for the Union Pacific, that No. 10 was "the China & Japan mail" which went from Los Angles to San Francisco  to Salt Lake City,  Ogden and Cheyenne on its way to Chicago. Normally this train did not get anywhere near Pocatello or American Falls.

At the time there were three trains East thru American Falls: #6 the Portland & Puget Sound Express due at 3:30 am, #18 the Oregon Washington Limited at 10:30 am and the #14 Utah Express at 3:30 pm.

The question is, was the China & Japan mail diverted to the Oregon Short Line and if so was Hirschvogel given information about this change in the timetable? 

The basic railroad handbook Notes on Track: Construction and Maintenance published in 1903, nine years before the accident, states (page 681) 

Hand cars are often needlessly smashed by being run into by irregular trains.  All irregular trains should blow the whistle before rounding each curve.  

The type of speeder or motor car that Joseph Hirschvogel was using when the accident occurred was very likely a Sheffield Gasoline Motor Velocipede Car that is illustrated below.  Click on it to make it bigger and use your back button to return.

Motor Car.gif (603062 bytes)

Note that the operator sits on top of the single wheel bench.  The machine is designed for operating with the right hand and the foot platform encourages operators to sit with there legs pointed into the track.  It is more than a little disingenuous that the board of inquiry would suggest that the proper mode of operation is with the legs on the outside forcing the operator to use the left hand to control the car.  

Joseph Hirschvogel died on the eve of the railroad industry's first real safety program.  Aldrich (1992: 7) states that

In 1907, 4,534 employees were reported killed on American railroads--more than ever before or since.  The fatality rate was 2.72 per thousand, nearly an all-time high.  

and on page 14 and 15

Nineteenth-century railroad managers invariably blamed accidents on the lack of discipline which was, in turn, the fault of unions or the men themselves or virtually anybody, it seemed, except management. . . Management's urge to "blame it on the engineer" had been powerfully reinforced by self-interest.  Rules, it was generally acknowledged, were designed to be paraded in liability court, not to be obeyed.  Thomas Ryan, an engineer on the Delaware & Hudson, bluntly told a New York investigating committee that there was "not a trip I make I don't violate some rule, and the managers of the Company know it."  Other employees told the same story and even the railroad press concurred.  Noting the pressure to adhere to the schedule at the expense of the rules, Railway Age claimed that "any engineman who fails to make his schedule time habitually . . . is likely to be discharged."  

I visited the scene of the accident during the summer of 1999.  It is easy to find as the railroad still uses the same mile posts and mile post 241 is marked on a power pole east of the site.  This is what it looked like (click on it to expand the photograph and use your back button to return).  

Accident Site.gif (307018 bytes)

I took this photograph looking west directly at the accident site.  To me it looks like the train crew had a clear view of the track where Hirschvogel was before they both entered the cut and curve.  The landscape has not changed since the accident.  

Our conclusion from all of the above is that the railroad rushed to judgment by putting all of the blame on Joseph Frank Hirschvogel.  The railroad's concern to limit its liability precluded it from properly assessing who was at fault.

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