The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-07
Court Of Common Pleas.


Der John r. Hunt me kere York and Ner Haren
Re:iroed Company This sction for injury sus
g. ~. S.ssndun,. hss.1, ~ ,gs
tf Messrs Hoffman. Cutler and Townsend complain
that on the 10Th Of July $50, Mr. Hunt in company
With his stepdauehter, Eurica White passing In
boree carriage the Connecticut turnpike In the
Of stamford county Of Fairfield when his vehicle
into by locomotive Of the defendants whereby the
plaintiff end his step daughter with great
violence 70 the ground and that Miss White vas so In
jured that she died an the same day and the life Of Mr.
Hunt was endangered TOR long time IL also alleged
that the train which into plaintiffs carriage.
special or extra train ana not train accustomed TO be
and wing the regular train minute having
tstervened between the q the two trains After
abe plaintiff saw the regular train pass the turnpike be
drove his aud the rail for the purpose
Of crossing the rosd when the special train upon
him and inflicted the injury complsined Of The plaintiff
ys h damages At $1,000 all gisg that BY the Injuries
Inflicted hms.H be h deprived Of the q bic
lnbs during his lifs On behalf o. the defendants,
kessrs. y b Cutting and Hamilton. Jr, deny that
Abe accident occurred through the negligence
a. Their agent OF servants, but contend that
Abe plaintiff csrslss<y sed negligenily attempted
fbst the train was special one but deny that IL vas
tmnedstey behind the regular train, and aver that Il
vas mile from a. and Nss travelling at the usual rate
of speed-betstsn 70 and 20 miles hour-and that the
Ufusl signal q lie approach given The defendants
abo deny the legal right Of the stepfaher 10 sue for
damages occsscned BY The loss Of Miss White a. be was
net akin 20 her
sil.s socssId jr being sworn, deposed that on tn.
9th July lsSo be about % rods from the railroad
the time q the collision Hunt just before he got
&C the track when be ICO feet from Il aud
saw him When the came In contact vita his
carriage; that morning three trains down in
tvO three Minutes the trrt train TIE signal AZ
ths coming as usual IL hsd rassei By sbou. 80 rods
vhen the pose n the second train heard coming
Gown heard wbig.le, bell when witness ssv the
locomotive first IL about $50 feet from the place
where struck the carriage threw the carriage OF
about l6 feet Mr. Hunt thrown shout Is feet
and the lady about D. feet; immedstly ran towards
then and they appeared 20 me 10 be hfeess assisted
~ carrying them sssy explains the disgrsml Hunt
a
Regular one the second extrs train and there
va third which about two or three minutes after
abe tst the trains travelling ct the usual pace the
Frsoe onNn Faoe, they 60 down that curve about
mhe amlnuu tne cars sometimes pass that road wrh-
out rlnging heard the nrst train ring and think
had been any
On exsminstion The witness said he eoula not
eel how far Hunt vss of the crossing when he sav
abe locomotive probably not 20 or 30 feet when
first the locomotive thns Hunt could nj 200 n
81 no happened o. turn Toura and look bahind him he
could have seen u heard The soe o. the tram sss
puomente before say " II Hunt had stopped where he
vas he would not have been hurt he mar not have
heard the train because The Boe Of the carriage nav
have drowned the noise u The train.
Another witness was al ut bring examined 70 the
rpdiop An which the deceased after the acsidsnt
when Mr. Cutting ohjscec TO any evidence as 10 the
injury 20 the young lady winch could only be called
fr the purpose q exciting sympathy ~ The present
Action Mr. Hunt could NOT recover apy damages for
fbe death q Miss White, because, In the hrs place
De not bef next q am end In the next she died
On another state
Mr. Hoffman admitted that with the unfortunate
death q the lady all Of action IN this state A. Tar
che concerned bad ceaei, bit vas part Of the
rs yssfs Adjourned