Monday, 15 May 2017

the Yarra Junction Railway Accident, 1913 - What Happened Next

I couldn't find an answer to the question posed at the end of my last post as to whether the Flynns recieved any compensation.  However, the following three articles concerning the Coroners enquiry and the later Compensation Court Proceedings are of interest.  It is interesting to note that Victoria was one of the last of the British Colonies to enact a Workers Compensation Act which theey did in1914.  I wonder how much this case impacted on that decision.

Coroners Enquiry 28 February to 12 March 1913
 The Argus, Wednesday 12 March 1913

YARRA JUNCTION DISASTER.

CORONER'S INQUIRY CONCLUDED.

VERDICT OF MISADVENTURE

The concluding stage of the inquiry into the circumstances  surrounding the death of Francis Flynn, a widower, aged 47 years, who, with Michael Curtain, was killed in the accident which occurred at Yarra Junction, on the private tramway owned by the Victoria Powell Wood Process Ltd., on February 25, was reached yesterday when the jury returned a verdict of death by misadventure.  The inquiry occupied three days.  Mr J. W. K. Freeman attended to assist the coroner; Mr C.J. M’Farlane appeared on behalf of the Victoria Powell Process Ltd., enginedriver (H.F. White), guard (G Wardley), and the engineer in charge (Mr. G. F. O’Connor).

Maurice Edwin Kernot, chief engineer of the construction branch of Victorian Railways, said:- The construction of the track, so far as it is advanced, is suitable to the rolling stock used upon it.  I saw the four chain curve, and I am of the opinion that the speed should be limited there.  The crossing of two sets of rails at the curve is not good, and the curve should be moved to another position.  If maintained in proper order the brakes used on the truck should be sufficient. To keep the brakes in good order a periodical overhaul and a daily inspection should be made.  The brakes I examined were much damaged by the accident, and it would be difficult to tell in what condition they were before the accident.  Assuming the brakes were in good order, and also they were applied with the pressure a man can exercise with his foot, they should have held the trucks on the incline.  Taking the guards weight at 10st. 9lb., the pressure he could exert on the brakes would be sufficient to hold the train.  Under the circumstances that prevailed just prior to the accident a driver could not be sure of stopping his engine within a couple of inches of a specified spot.  When easing up slowly it is quite possible for the engine buffer to exercise considerable pressure without the driver noticing it because the buffer is worked on a spring.  The accident might have been caused by a combination of causes (1) pressure from the engine: (2) failure of the chocks to serve its purpose: and (3) by the brakes not having been properly applied.

Henry Payne, professor of engineering at the University of Melbourne said:  I agree with the evidence given by Mr. Kernot.  I went over the line from the two mile point to the spot where the accident occurred.  From my inspection I have arrived at the conclusion that the engineering work is being carried out in a very satisfactory manner.  The engineer in charge (Mr. O’Connor) appears to me to be fully qualified.  The average grading between the four chain curve and the two mile point is one in 59.  The curves are in all cases of a satisfactory super-elevation, and allow an ample margin of safety under ordinary conditions.

Mr Freeman:  We take it that had these brakes properly applied these trucks would not have moved backwards? – If the brakes were properly braked they should not have moved.

Do you consider inspection of the brakes necessary? – Yes. Inspection should be made by an engineer in charge,

Continuing, witness detailed the experiments w which were carried out at Yarra Junction on Friday, when the trucks loaded similarly to those which bolted on February 25 were held on the grade of 1 in 40 after being uncoupled from the engine.

Mr Freeman – Would hand pressure on the brake be sufficient to stop the trucks?

To the Coroner:  All the brakes should have been put down when the train was divided.

George Francis O’Connor, managing engineer for the Victoria Powell Wood process Company stated: - The guard has charge of the train, and his instructions direct him to examine the brakes and trucks.  Almost always when I went to the head of the road I examined and tested the brakes..  Such visits were made by me at least twice a week.

To Mr. M’Farlane: - The total weight of the train was 74 tons 16cwt., and the part that got away weighed 49 tons 11cwt.  The trucks are the same as those used by the Western Australian Government, except that they have been reduced from a 3ft. 6in. to a 3ft. gauge, while the brake power was doubled.

After Mr. M’Farlane had addressed the jury, Mr. Freeman stated that a verdict of manslaughter could not be returned unless there was evidence of gross negligence.  A mere error of judgement would not justify a jury in bringing in such a verdict.  The question for them to decide was whether the guard was guilty of gross negligence.

In summing up, the Coroner remarked: - In dealing with the whole matter I would ask you to consider carefully whether any person has been guilty of neglect.  When you have made up your minds on that point you will be able to determine the neglect was so gross as to make it a crime.  It is a question, so far as the guard is concerned, whether there was any error of judgement.  I think you will say that this is a case of misadventure.  We may learn from such errors to safeguard the line for others who will have to use it in the future.

After a retirement of 45 minutes, the jury unanimously arrived at the following decision:  “We find that the deceased (Francis Flynn) met his death by misadventure, through an error of judgement on the part of the guard (Wardley).  We are of the opinion that proper checks should in future carried on these trucks.


The Compensation Claim


Argus 31 May 1913

BOLTING TRUCKS.

YARRA JUNCTION ACCIDENT.

COMPENSATION CLAIMS.

In the County Court yesterday, before Judge Johnston, an action was commenced in which William Thompson, a former employee of the Victorian Powell Wood Process Ltd., claims the sum of £499 as damages for injuries received owing to the alleged insufficiency or inadequacy of the brakes on railway trucks used by the defendant company in connection with its works at Powell Town. Plaintiff's injuries were alleged to have been sustained on February 25, when six trucks on defendant's railway bolted, as the result of which two men were killed and a number of others injured. Nine claims for compensation were made against the company, one of which was settled out of court for £40, and two others for lesser amounts. The other claimants are David Baldwin, Edward Geoffrey Wardley, John Francis, Smedley, and James Hart, each of whom is suing for £499 and Allen Albert Hodgetts, who claims £249 damages. Defendant company paid into court the following sums in repect to the claims of the respective plaintiffs: - Thompson, £15; Baldwin, £20; Wardley, £35; Smedley, £25; Hart, £75; and Hodgetts, £25. Messrs, Morley and Eager (instructed by Mr. F.E. Bateman) appeared for the plaintiffs, and Messrs Arthur and Dethridge (instructed by Mr. C.J. McFarlane) for the defendants.

As the evidence to be given in each of the six cases was stated to be of a similar nature, Judge Johnston suggested that the cases should be taken together, as a means of saving time and after counsel had conferred on the matter, Mr. McArthur said it had been arranged that Thompson's case
should be taken first, subject to the following conditions: -(1) As to liability of defendants: In connection with the facts of the accident, and the alleged negligence of the company or its servants, the decision in Thompson's case is to govern the other cases and (2) as to any fact personal to
any individual plaintiff which might prevent such plaintiff from taking advantage of relying on defendant's alleged negligence, each case is to stand on its on its own footing.

Mr. Morley, in opening the case, said that on the morning of February 25 Thompson and certain other men loaded up a number of tucks which were to be drawn by an engine from Yarra Junction to Powell Town. About two miles along the line the train was divided, and the engine proceeded to push the four trucks. The brakes were let down on the six trucks left behind and chocks put under the wheels. These trucks ran away, and reached the Gilderoy crossing where they dashed off the line and crashed into a shed, smashing the shed and two trucks. Two of the men were killed and others injured. What plaintiff relied upon was that the brakes had been insufficiently powerful to control the train; that there were only brakes on two wheels of each of the trucks; and that the line being exceptionally hilly, more care should have been taken. It was also contended that the brakes were defective. There was an alternative claim of negligence against the company's engine-driver who, it was alleged, had improperly managed the engine by allowing it to bump the trucks.

Mr. McArthur said the defense was a denial of any defects in the brakes or of  any negligence on the part of the company.

Evidence in support of plaintiff's case was given by William Thompson, Denis Lane, James Hart, Allen Albert Hodgetts, and Edward Geoffrey Wardley.

Dr. W.H. James of Warburton stated:  I examined plaintiff on February 5. He complained of stiffness in the back, and a pain in the side. He was quite dazed and was flushed about the face. To Mr. Eager: I examined plaintiff's head, and found that there was a slight concussion of the brain.  On April 10 I again examined him, and as far as I could see he had practically recovered. He would be able to work as well as ever but it is possible that if he had an attack of rheumatism he would feel the effect of the injuries he had received.
At this stage the hearing of the case was adjourned until this morning.



Argus 31 May 1913

YARRA JUNCTION ACCIDENT.

AN UNWILLING WITNESS.

VERDICT FOR DEFENDANTS.

WORKMEN'S COMPENSATION LAW.

A series of actions brought by men injured by an accident on the tramway line of the Victoria Wood Powell Process Co.Ltd., were again before Judge Johnston in the County Court yesterday. The accident happened through several trucks which had been stopped on an incline while the engine pushed others up breaking away, with the result that after running some distance they were thrown off the line. Two workmen on the trucks at the time were killed and a number of others injured. Six cases brought by injured men to recover £400 damages each were before the Court, and the first, brought by William Thompson, a labourer, was taken as a test case as to the liability of the company. Mr. Morley and Mr. E. Ager (instructed by Mr. F. E. Bateman) appeared for the plaintiff, and Mr.McArthur, K.C., and Mr. Dethridge (instructed by Mr. C. J. McFarlane) for the defendant company.

William W. Ward, carpenter, who was called by plaintiff, asked for his expenses before giving evidence.

Mr. Morley.—Will you take the word of
Mr. Bateman. plaintiff's solicitor, that you will be paid?—I would rather have themoney. (Laughter.)
Judge Johnston said that the amount,10/ a day, must be tendered.  Mr. Morley tendered two sovereigns to the clerk of the court (Mr. Brown), who,however, declined to hold it, and Mr. Bateman tendered the amount he was stated to be entitled to, to the witness. 

Ward.—I want 12/ a day, that is the rate I am getting.
Judge Johnston.—That is all you can get.

Ward proceeded to give evidence as to construction of the trucks, but could not remember having made statements that a periodical inspection was advisable.  Mr. Morley asked that witness be treated as a hostile witness, so that he might cross-examine him.  Mr. McArthur objected to this course being permitted.

Judge Johnston.—I think I am entitledto look at the demeanour of the witness.
Mr. Morley.—Do you see his attitude?
Mr. Dethridge.—He does not appear to like you. (Laughter.)
Mr. McArthur.—He has his hands in his own pockets. A learned judge has said it is all right, as long as a man's hands are not in anothers pockets.
Judge Johnston.—My impression is that he is trying to withhold the truth. I think Mr. Morely may be allowed to cross-examine him.
Ward, cross-examined by Mr. Morely, said - I told the manger the trucks should be inspected once a week. It was not my duty to adjust the brakes unless I was told to. These trunks had been running for about five weeks. Blake told me on one occasion to tighten the nuts on the trucks.  There was no special reference to the brakes.
Cross-examined by Mr. McArthur.- Stamp and Hearse tightened up the nuts.  The brakes could easily be readjusted.

Other evidence was given that the brakes were not in good condition at the time of the accident and the plaintiffs case was closed.

Mr Dethbridge asked if there was a case.

Judge Johnson said he should hear case and the defendant had to submit.  He couyld not be sure thatthere was a case…….. though looking into the matter there could be……..

Mr. Dethridge. - As to the bump, the utmost the evidence showed was that there was a slight push. There was no suggestion of negligence, even if there was a slight bump in doing what was necessary.  The facts intended to show that the accident was due to the guard not braking the train properly. He asked for a nonsuit on the ground that the accident was not due to the negligence of the engine driver.

Mr. Morley.- It was shown that three or four trucks had been pushed  along a level section
of the hump …….and evidence was called by the defence to show that the brakes were sufficient and effective.

G. F. O'Connor said: - Wardley, the guard, was supposed to make a daily inspection of the brakes. I tested the brakes on an incline about two days before the accident, and they were effective.

Cross-examined by Mr. Morley.- I was not there to see if the brakes were in good working order on the day of the accident.  If they were in good working order and put down hard they would have held the train. I do not think they were all properly applied. I do not think Wardley put the brakes on all the trucks. I would not say the brake was sufficient to hold a train when it had started on that incline.

Judge Johnston.- I do not see how I can find that this accident happened through the defective condition of the brakes.  Judge Johnston said he had to be satisfied beyond reasonable doubt that the accident was due to insufficient brake power, or because it was improperly applied. The plaintiff had failed to satisfy him on these points. The guard had evidently relied on the chocks proving an insuperable obstacle. It might be thought that he could give judgment against defendants on the ground that the accident was due to the negligence of a servant but counsel would understand that he could not do so in this case. A verdict must be given for the defendant company. So far as he knew, the State of Victoria was the only part of the British dominions in which a Workmen's Compensation Act was not in force. This was a case in which such an act would peculiarly apply. It was not his duty as a judge to express any opinion as to what the law ought to be; nor was he to be taken as doing so. He wished to draw public attention to the matter, with a view to suggesting the advisability of the Legislature seeing whether it should bring in a law on the lines of the law which existed in other parts of His Majesty's dominions.

Mr. Dethridge said he would like to strongly support the general remarks of Judge Johnston. He knew of cases in which great hardship had been done through the absence of legislation, such as the Imperial Parliament had passed long since.

Mr. Morley said he had advocated the passage of a Workmen's Compensation Act frequently from the public platform.



Monday, 8 May 2017

A Fatal Railway Accident in Yarra Junction, Victoria, Australia, in 1913

During a Genealogy session at my local U3A recently, one of my fellow class members told us of a fatal railway that occurred in Yarra Junction (where the session was being held) in 1913.

The following is an account that was published in the Victorian Newspaper, The Age on Wednesday, 26 February, 1913.


FATAL RAILWAY ACCIDENT.

POWELL WOOD PROCESS COMPANY'S LINE.

TWO KILLED; NINE INJURED.

TRUCKS DASH DOWN HILLSIDE

A BOYS HEROISM

REMARKABLE TELEPHONE DELAY.

(BY OUR SPECIAIL REPORTER.)

YARRA JUNCTION, Tuesday.

To-day this prosperous and rapidly expanding little milling township has been plunged into grief by
a railway disaster, in which two men have met a terrible death and seven other men and boys
have sustained injuries of varying degrees of seriousness. The accident occurred at about 7.40 A.M.
on a section of the narrow gauge railway in the very heart of the township, which is now being built
for the Victoria Powell Wood Process Limited to connect Yarra Junction with Powelltown, about eleven miles away in the heart of the wooded hills of this district. It consisted in half a dozen trucks with nine or ten men with white faces clinging to one, of them, swooping down a hillside at the rate
of between 39 and 40 miles an hour; becoming derailed at the points where the railway is crossed
by an old wood traffic tramline; there flinging their human cargo in a mangled heap, and then
piling themselves twisted and battered in grotesque heaps, across the street close to Yarra
Junction station yard. Those who have suffered by the calamity are as follow:—

KILLED.

MICHAEL, CURTAIN' Native of Limerick, single man, about 50 years of age.
FRANCIS FLYNN, Richmond, Single.

INJURED.

JOSEPH ELLIOTT, facial injuries. Resident of Yarra Junction.
PETER M'NAMARA, 47, injury to hip. Resident of Yarra Junction.
JACK F. SMEDLEY, 23, head and back abrasions.
ALMAN HODGETTS, 14. dislocated hip, shock and abrasions. Resident of Yarra Junction.
WILLIAM THOMPSON, bruises and shock.
FREDERICK LILKENDEY, 19, cut head and hands.
JAMES HART, 19, Faraday-street, Carlton. Broken leg.
DAVID BALDWIN, 33, Barkly Street, Brunswick. Cut scalp and nose.
GEOFFREY WARDLEY, Railway Guard. Slight injuries.

The body of Curtain is still in this township. Flynn died this afternoon at Melbourne Hospital, to
which he and those who were less severely injured had been conveyed by the train which left Liliydale shortly after midday. The injuries of Thompson and Elliott were capable of treatment locally, and those of the guard, Wardley, were such that he could return to Yarra Junction this evening, and prepare to take part in the public inquiry.

STORY OF THE ACCIDENT.

The story of the accident is one of the most sensational ever told in these hills. During the construction of the 3 feet 6 inches private railway to Powelltown, it has been the custom for some
time past for a train consisting of an engine, called the "Little Yarra," and some seven or eight trucks
to leave the goods yard of Yarra Junction station every morning at 7 o'clock, conveying men
and material to the head of the line. This morning the usual train left at the time named. It
was composed of low trucks of the usual works construction type, heavily laden with steel rails,
sleepers and bags of chaff. Two of the trucks were ln front of the engine and six behind. The men
on board were divided into two parties. One party sat on the tender of the engine, and the remainder, about a dozen, sat on top of some bags of chaff in the last truck. There was no guard's van, but each truck had hand brakes, and the guard,  Geoffrey Wardley, sat on one of the trucks and took charge of the train as best he could. When the lines leaves the Yarra Junction station goods yard it passes a short distance along the main road, and then turns into Little Yarra-road — nearly in the centre of the public road — and runs for about half a mile before turning into the bush in the direction of Powelltown. Cutting across its track in the main street — at points which must always have about
them elements of danger— is a timber tramway, which runs parallel with the railway along Little Yarra road, but on higher ground.

THE HILL INCIDENT.

All went well with the train until it got about three miles out of the township, where it had to negotiate a steep hill, through which a shallow cutting has been made. The engine was in the charge of an experienced driver, H. F. White, who had with him W. Spooner as fireman. When some distance up the hill White found he could make no further progress — the train was stuck on the hillside. Precisely what happened next is enveloped in a haze owing ta the conflicting statements of those who
were present. It is admitted on all sides, however, that when the train was at a standstill the guard decided to divide it into two parts, the engine to go to the top of the hill with one section of the trucks and then return for the remainder and drag them also to the summit. This course was agreed to by the driver. Chocks of wood were put under the wheels of the first trucks of the portion of the train to lie left on the hillside. Then, according to one ver sion of what happened, the engine slightly "eased up"— that is, reversed for a few inches, so that it touched the buffers of the first truck and left the chain and centre couplings slack, and easy to be uncoupled. The guard is understood to have lifted the
couplings, and the two, portions of the train were free of each other. The moment, however, they
were free, Driver White and Guard Wardley noticed, to their horror that the trucks had begun to move. Whether as the result of the impact of the engine against the buffers of the first truck, or because of the weakness of the band brakes on the truck or the inadequacy of the wood chocks, the
movement was unmistakable. The wood chocks were flattened like tin plates, and the trucks, at
first slowly and then with increasing momentum, began to dash down the hill towards Yarra Junction.

“JUMP FOR YOUR LIVES!”

The agonised guard clung to his post, unflinchingly hanging on the brakes, and, with the assistance of
Smedley and one of the other men, clung by hands and feet on to the brakes nearest to him, hoping
to at least reduce the now increasing speed. The driver on the engine and his mate cried to the men on the chaff truck, "Jump for your lives,-' but most of the men preferred to hang on to the truck and hope for the best. One or two did jump off, among them WilliamThompson, who leapt for life just as the trucks passed through the cutting. He struck the ground with fearful force, and-so it seemed to the startled eyes of his comrades— apparently rolled under the train, but really, out of further danger. When the tracks had passed their first mile -they were seen by a cluster of children in the bush, who cheered and laughed in their innocence, thinking it a sort of joy, ride! But by the time the whirling tracks had reached the main street of the township not even the children were deceived. As the runaway train flashed by the forge of Mr. Logan, the local blacksmith, he at once grasped the situation, dropped his hammer and rushed into the street. The singing of the wheels and the shouts of the men had, however, attracted -the attention of the Powell Process Company's timekeeper, Mr. B. M'Wiggin, who was standing about 100 yards away from the track in the main street. He too shouted to the men to jump, seeing that even if the trucks ran into the goods yard an accident there was unavoidable. But the men on the trucks were beyond the realisation of any external advice.

THE SMASH AT THE CROSSING.

Down to the second that the trucks reached the crossing where the line is. Intersected in the main street by the old wood tramway, there was just a chance that the men would escape with little more than cuts, bruises and severe shock. But the trucks with all the force of about 30 tons of railway material struck the points at the crossing with the noise of a thunder clap, derailed with a smashing crash which made the hearts of townspeople who came rushing to the spot almost stand still. Close by the crossing points is a small wooden store belonging to the company.  Directly they became derailed two of the trucks hurtled into this building, carrying one end of it completely away. The men on the chaff truck were flung into the air with burst bags of chaff enveloping them. Some iron rails in the next truck mercifully slid over the chaff, and therefore over the heads of the men— otherwise not a man would have lived to tell the tale. Curtain was east ten yards away, his head being crushed with terrific force. Flynn was also thrown far away from the points, and the others were hurled over or under the trucks, and these latter piled themselves in a fantastic heap alongside the track.


A Plan of the location of the accident publishe with this article

THE WORK OF RESCUE.

One of the first to reach the spot was Miss Paul, the daughter of the licensee of the Yarra Junction Hotel. With her were Mr. M'Wiggin, Mr. Logan and other willing and eager helpers, who were soon joined by Nurse Hickey, a Melbourne lady, who happned to be spending her holidays in the district. The work of rescuing the men from their awful plight was begun without a moment's hesitation. Under the direction of Mr. M'Wiggin, the injured were extricated arid carried to the recreation hall close by, which was at once thrown open as a temporary hospital by Mr. Mackley, the proprietor. Nurse Hickey, Miss Paul, Mrs. Turner and other ladies undertook first aid work with tireless patience. It was seen that Curtain could not live directly he was touched, and the poor fellow died within ten minutes of aid reaching him.

A BOY’S SELF-SACRIFICE.

Curtain was not, however, the first to be seen by the helpers. The lad Alman Hodgetts, whose hip was dislocated, if not smashed, was soon picked out, and willing arms were stretched in his direction. But the lad had seen the condition of Curtain some distance away, and although he must have been suffering agonies from his hip, he gasped out, "Go to Curtain first. Help him first and then come to me."

THE UNOPENED POST OFFICE.

While the local nurses were doing the best that could be done for the sufferers efforts were being made to get communication with the outside world, and with Lillydale doctors. It was by this time
about 8 o'clock, and therefore an hour before the regular time for opening the post office.  Several messages were sent to the local post mistress that she should open the office in the emergency. For some unexplained reason the post mistress did not come to the office nor send the key. In sheer desperation Mr. M'Wiggin burst open the door of the post office and got to the telephone bureau, and tried to raise Lillydale. But Liliydale could not be raised, so one of the helpers rushed to the Yarra Junction railway station, where the station master, Mr Travers, immediately made the railway telephone available. Drs. Syme and Short, of Liliydale, and Dr. James, of Warburton, were rung up, and promptly answered the call of duty. Dr. James hastened across country with two nurses, and the other two doctors motored as swiftly as possible to Yarra Junction, where they quickly took charge of the situation. The railway authorities had by this time interested themselves in the matter, and, as described elsewhere, a casualty train was on the way from Melbourne to Liliydale. Owing, however, to the delays incident to the telephone bureaus not being open, it must have been three-quarters of an hour, if not more, after the accident before medical men could arrive and render expert aid. The residents of this district are intensely indignant over their inability to open the post office in an awful emergency and to get into touch with Liliydale when forcible entrance was obtained. Constable Kidd, the senior constable, took the over sight of the official police arrangements. The inquiry by the coroner will open here to-day, but it may be adjourned until some of the witnesses are in better health.
The company's engineer, Mr. O'Connor, and members of the board of directors visited the scene during the day and expressed their profound sympathy with the sufferers.

HOW DID IT HAPPEN?

DRIVER WHITE'S STATEMENT.

The Coroner's inquiry, which opens today, at the. Yarra Junction Hotel, where the body of Curtain lies, will have several important questions to solve before the cause of the accident can be unravelled and responsibility placed on the right shoulders. An examination of the locality has been made by the officials of the .company, who will produce plans showing the incline down which the trucks slid with such awful rapidity, and the points at the crossing in the main Warburton-road where they derailed and piled themselves in heaps with terrible results. Among the question which will inevitably arise will be:

(1) whether tho "chocks" or blocks used to prevent a breakaway by the tracks were large and strong enough to hold trucks on the slippery hillside, and were put in the right positions;

(2) whether the engine when "easing off" to assist uncoupling struck the buffers of the first of the detached trucks with un necessary force;

(3) whether the regulations for the control, of the working of trains carrying platelaying gangs to their work are sufficient to meet cases of this kind, and whether they were complied with by the officials; and

(4) whether, in view of the steepness of the hill to be negotiated, the train was wrongly made up and over loaded with material.

Naturally the men specially interested are reticent on all these matters; but Driver White, in answer to questions, did make a statement yesterday, in the course, of which he said: — "The train was a heavy, one, and when we were about half way up the bill we stuck. The guard who was in charge called out that wo should divide the train. We were then at a standstill, and the brakes were hard on. I saw the guard place chocks behind the wheels of the first truck. He put his brakes down, and then made to me with his arms the signal which we know as 'ease up.' I eased up the train — that is, reversed the engine a few inches, so as just to touch the buffers and render it possible to uncouple the couplings. Apparently directly the guard bad uncoupled the trucks began to move down hill, the wheels passing over the chocks. That is, as far as I could see from where I was on the engine. I saw at once that something serious might happen, so I called to the men to jump. Two of them did, but the others hung on.

INJURED AT THE HOSPITAL

Word of the accident was sent to the St. John Ambulance depot at 8.30 a.m., and they were asked to have a full equip ment to meet the casualty train on its return, as nothing definite was then known of the number of the injured. Accordingly, two motor waggons, two horse waggons and sixteen stretchers, with ten men, were sent to the central railway station at about 12 o'clock,, and waited until the arrival of the train at 1p.m. It was then found that transport accommodation was required for only six men and a boy— Flynn, M’Namara, Hart, Lilkendey, Baldwin, Smedley and Hodgetts. These were taken straight to the Melbourne Hospital, where the casualty staff was waiting in readiness and Drs. R. Webster and A. N. Wilson .lost no time in making examination of two victims' injuries, while the comrades who had accompanied them awaited anxiously to hear the result. Francis Flynn' was already in a practically moribund condition. He hadevidently fallen on his head, and his skull was fractured. He was at once transferred one of the wards, but he died at 3.40p.m. James Hurt had a badly fractured leg, and an anaesthetic had to be administered before it could be set. The rest were suffering from multiple abrasions and contusion and shock. Baldwin had several nasty cuts about the face and scalp. He, Likendey, Hodgetts and Smedley were admitted, but M'Namara, who dad in jured his hip, was allowed to leave after treatment. Ail of them were reported to be progressing favorably last night.

Except for the unfortunate man Francis Flynn, those who were admitted to the Melbourne Hospital retained a pretty clear idea of the accident, and were able to give vivid descriptions of the dash down the long gradient. Frederick Lilkendey, a German lad of nineteen, lay in a bed next to Jack Smedley. Both were sore all over from a number of indefinite knocks and abrasions.  Lilkendey had his head bandaged all over and wrappings on both his hands, hut lie was quite cheerful and able, in broken English, to describe his experiences to the patients near by. Smedley appeared to have wrenched his back, and one side of his face was badly bruised and discolored, but he was able to corroborate the foreign lad's description, and add details here and there. It is the details that differ in all the versions, and it seems probable that to the men riding on the trucks the journey was an ordinary part of their work, and they paid small heed to circumstances until it was too late to turn their minds to the one problem of saving themselves from being dashed to death. "We started out at about 7.15 a.m.," said Lilkendey, and went about two miles and a half along the line. The engine was pushing two empty trucks in front, and hauling six — two loaded with rails, two with sleepers, and two with chaff. The chaff trucks were at the back, and all of us were riding on them. About two and a half or three miles on the engine would not pull the whole load up a bit of a rise, and half the train was uncoupled. The engine was to take on the two empty trucks and the two loaded with sleepers and come back for the rest. As soon as the last four trucks were uncoupled they started down the incline. The man who uncoupled them put a piece of wood under the wheels, and it slipped. The brakes were ail hard on, but they were not strong enough to grip with the heavy load on. The guard, Wardley, stood, on the end of the brake lever, trying to force it down harder, until he was thrown, but it made no difference. We ran faster and faster right down to the town, and then rushed at the curve into the station yard. There the leading chaff truck toppled over, and all the rest came on top of it we were thrown in all
directions.

RAILWAY DEPARTMENT ASSISTS

PROMPT AID GIVEN

The Railway Department was apprised of the smash at 8.20am and arrangements were immediately
made by Mr T Hayes, metropolitan superintendent, to dispatch the casualty train which is always in readiness at the Jolimont Yards. A telephone message was sent Dr Ryan, who, with Drs Nicholas M’Laren, Roche and Green, of the Melbourne Hospital, boarded the train, which left central station at 8.55 a.m. On arrival at Lillydale it was discovered that an engine and van had been sent to Yarra Junction from Warburton, and that the injured men were receiving medical and nursing attention. The casualty train therefore awaited the arrival of the injured at Lillydale. When the train arrived Dr Ryan and his assistants examined the unfortunate men, completed the dressing of wounds, and made them as comfortable as possible for the journey to Melbourne.  The van was attached to the casualty train, which left Lillydale at noon, arriving at central station at 1 p.m. The country line platform at Flinders Street was barricaded off, and when the train conveying the victims arrived a number of St John ambulance vans was in attendance to take the injured to the hospital.

THE OFFICIAL REPORT

The official report telegraphed by the metropolitan superintendent from Lillydale to the Railway Commissioners was as follows:-

“Engine of Powellised Wood Co.’s tramway, with four trucks of rails and two of chaff stuck up on a bank about three miles out of Yarra Junction station, an divided on company’s line. It appears that
the lower portion was checked, and when the driver was starting back two trucks chaff got off check and ran back into main street at Yarra Junction, where t old wooden tramway crosses. The trucks here left the rails and ran into chaff shed belonging to company. No departmental officers concerned."

Yarra Junction Station then

Yarra Junction today. It is currently the home of the Upper Yarra Historical Society

The junction of the Warburton Highway and Little Yarra Road then

The Junction of the Warburton Highway and Little Yarra Road today

The Argus Wednesday25 June 1913

General News

The mother and son of Francis Joseph Flynn, one of the men who lost their lives in the tramway accident at Yarra Junction on February 25 last have taken action against the Victorian Powell Wood
Process Company Limited as Flynn’s employers claiming £1,000 damages. The plaintiffs, Ann Flynn of Strode Street, Richmond widow and Francis Joseph Flynn of Grenville street, Prahran allege, in
support of their claim, that the accident was the result of negligence in the construction of the trucks in providing deficient brake power and alternatively negligence in the management of the trucks by
employees of the defendant company. The claim is also made under the Wrongs Act. Yesterday a
summons for the Directions … before the Chief Justice in the Practice Court and it was ordered that the case be heard before a judge and jury silting in Melbourne.