The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-31
SUPREME couaI-cIRculT.
Another Railroad Case-suit Against the New
Jersey Central Railroad Company.
Before Judge Gu,ars

Another Railroad Case-suit Against the New
Jersey Central Railroad Company.
Before Judge Uiu,srI
Nary Hary, Adnsiniaratriz, rs TIE Central RAILROAD
Company Of NesO Jersey -Tbe plaintiff brought suit to
recover damages tho OF s. 900 for the death Of
her husband, Philip Harry, which was caused through
the alleged negligence Of servant or servants Of the
company Il appeared by the evidence for the plaintiff
that the goth Of November last the deceased in
the act OF crossing the track Of the railroad road
or path leading from . side track Claremont, n
J., whom he struck by the locomotive Of . train
proceeding from the direction Of Nav York; and thrown
against the debris Of number OF old n one side
Of the track. There whistle blown nor any
ton. rhe unfortunate 'n man, VINO was cut and
bruised about the head SIDE neck and other parts OF
the body, Vas then removed TO Elizabeshtown : as
removed 10 his residence the place where the
accident occurred The servants Of the company failed
to provide him with surgical treatment t~hch, the
plaintiff claimed helped TO cause DEATH, and il was not
until the morning following that bis injuries were
attended to. He fingered until December LIST, whom he
died leaving wife, who had been dependent upon him
Two physicians, Dr.. Sheppard Of the Brooklyn City
Hospital, and DIR. r. q. Stems called for the plain
tiff and testified that the removal OF the deceased 10
Eizabethtown and the absence Of proper treatment,
under the circumstances aggravated tho injuries Had
he promptly treated the prospect would have been
that he would have recovered
On tho part Of the defence il was claimed that the
accident the result OF the negligence OF the de-
ceased from the fact that he suddenly crossed In front
OF the locomotive
FREDERICK H, Abbott, who was engaged at work
making third track the south eide when the acci
dent occurred and STOOD between the south man track
and the he making, testified that he saw de-
ceased the south track crossing the north track
and he had just stepped ono Of the rails Of the
latter when the locomotive struck him. The engineer
.sDlouod' clown brakes ~ soon as deceased was
struck and the train stopped at the station, about
three hundred and City feet distant
The engineer or gravel train the third track tes
tiled that he heard the up train from New York blow
"dovp breaks' and Immediately after the de.
ceased lying by the track. There could have been
difficulty for any person on the south track TO have
seen this train coming II he had looked back.
Another engineer who on the third track near
the road crossing, testified that no the deceased
crossing TO the north track when the train struck him.
witness heard the bell ring; nothing could have been
done the man, the locomotive was within
feet OF Harts when witness first saw him.
Lewis Davis, who the engineer the train which
ran over Harry, testified that tue tram running at
the rate about seventeen miles hour his track
was all clear; he Grsi saw deceased walking on the
south track about fifteen hundred thoussnd feet
ahead, and shortly Afterwards heard the fireman
claim, Look there" and ring the bel witness
something the track and Immediately shut of steam,
&C., and did every thing he could to prevent this acc
dent. On the examination witness stated lt his
was not his regular train Of cars. ~~ss6S~
All the testimony in the case WAS suomlttcd, after
which the case vss RdJ0ufhed until this morning.