The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-09


ACTION AGAINST A RAILWAY COMPANY FOR cAusrNd
THE DEATH OF MAN-ExEMPLARYv VERDICT.
May 5-Aargsra Button, Administrators Of TAomas
Compony-ln this Mr.. J. B. Phillips appeared for
the plaintiff to recover damages against the defendants
vember 1852 through the alleged culpabe negligence Of
their servants employees in running over him and
crushing him. from the effects Of which he instantly
died. damages laid at $1,000. For the defence,
Messrs Fullerton and North contended that the accident
caused by the negligence of the deceased HIMSELF
and that he at the time in state of intoxication.
Thomas O'Brien deposed that he knew the deceased,
who lived in Christopher street, between Washington
and West streets parted with him at oyster saloon
about half past ten O'Clock the night previous to his
death.
Cross-examined-Mr. Button did not drink more than
twice. he was not under the influence Of liquor witness
had said since the accident that Mr. Button had been
drinking, but did not say that he intoxicatedl
William Lining, keeper of the oyster saloon, deposed
hat the night in question the deceased at his
aoon in West street, considered him capable OF taking
eard the cars they were running fast they were going
Line or ten miles an hour in about FIVE minutes
after they passed witness went the street. in
sequence OF what he heard and the deceased lying
alongside Of the railroad track Dead recognized him
MT Britton there were two strong lights the track;
ness house to where he the body about $50 feet
the baggage went down first.
Cross examnedDid not notice that anybody left the
with Mr.. Button; the cars pass within twenty feet
witness door; the that passed so rapidly:
hour when tSay gong ten miles an
went out and after the second passed heard
he was dead Mr. Button gave indication that he had
been drinking before he came to witness saloon; could
NOS discover the effects Of liquor him when he Left
he had tremble in his hand
To Mr.. Philips-The cars went that night at un-
usual speed see them when behind the counter
Morris Kent, deposed-That he employed switch
the Hudson River Railroad on the 4th of Novem-
Der last had charge of the baggage that night; was
stationed at Christopher and West that night the
train was due at Chambers street about nine o'clock but
got in about twenty minutes past eleven; 1t Is usual
out it did not stop that night the baggage
Canal street before the others came cannot tell the
usual rate of speed of the baggage car witness still in
the employment of the company; the passenger did
NOT a. de b sa about thirty OF
to it, when witness got there he the lying
the track the car had passed him. he dead
he was lying with his head on one rail and his feet on
the other his feet and head were crushed; the
carry small lantern there is light fixed outside Of
the cars cannot remember that there were bells on the
horses that night.
Cross examined-witness was at the side of the
street and had his lamp in his hand when the baggage
Joseph Button brother Of the deceased deposedThat
at the time of his death he fortytwo years Of age
he inspector of lumber witness is clerk in the
Post Office he left wife and five children four daugh-
tiers and son. the eldest of whom is fifteen sixteen
years Of age the youngest is about seventeen months.
The witness then described the manged state in which
the body of the deceased found far witness
knew his brother a temperate man.
The Court-Had your brother any income except such
as he derived from his Office inspector of lumberf
Objected to by the defendants COUNSEL admitted and
witness-No sir; his income would reach six or seven
hundred dollars year he supported his family decenty.
Other witnesses examined for the plaintiff after
which Mr.. Fullerton called VIM. Oakley, who deposed
that he conductor of the passenger the Hud
son River Railroad Company on the night in question;
noticed the leading horses step off, and observed some
object lying the track the passed over the object
and witness went back and found the body; the
going at the rate of four miles hour heard
cry whatever when the horses struck the body; could
not there smell OF liquor the deceased;
know Mr.. O'Bren; heard him say that Mr.. Button was
drunk at the time that he could hardly walk.
George p Doane driver of the car deposed that they
were going three four miles hour; when he got
opposite Christopher street the horses shyed of the
track witness took hold Of the rens and something
the track; it man; the passed the man
before witness could stop; does not think the horses
struck tho man; heard cry exclamation; had six
bells the horses witness smelt liquor when he moved
the body; he entirely dead.
Cross examined-The baggage car was a block and Q
half two blocks ahead does not know whether there
were bells on the horses of the baggage
The case was adjourned to Monday, when it sub
mtted to the jury who returned verdict for the plain
tiff of So, coo DANA ges and costs