Delaware Republican. (Wilmington, Del.) 1843-1874, 1874-05-25

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-Court opened this tnarnipgnt l0R o'cQck.---
Judges Gilpin, Wooiien AID Houston on the
bench.
In the Gaze Of the Del. Fire Insurance Co. vs.,
Goillieb Rehfiiss, the july returned a verdict
for plaintiff Of SIS 20 damages.
Mr.. Bird, proceeded with the railroad case,ofiar-
ing In evidence Mr.. Lynan's deeds for the land
now occupied by him, and called MIR. John u.
Lyman who swore substantially as follows
i live ON The line " the +. w. d B. r. 200
or 300 yards below Newport, and between that
place aud Stanton, and have lived there since
1884. The lane crossing the railroad near my
house leads TO the Newport pike, aud is 200 or
800 yards long. My house isabout 81 steps from
the bed of the railroad track. There are planks
at the crossing over which the r. X. Co. exer-
else supervision. There Is no other way Of
egress or ngress except this lane anywhere near
my house. bought this land FROM the executors
OF Thomas Latimer and from MIR. Kennedy and
wife.
Cross examined This lane is mine. in foo
simple and own all the land OH one side Of IL.
| sold acres to the X. X. Co. aud received
5000 for IL. l made no objection 10 the build
Ing of the road. There was an agreement be-
tween the company and me, Of which l have
no copy. No deeds passed as we could not agree
upon terms. ! laid nut this lann and The COM
pany graded II.
/ Addie ). Lyman testified In substance rs fol
lows IL have lived with john X, Lyman my
father all my life. | remember the night OF The
accident That day l was in Wilmington, at
| school, aud was coming here with my sisier.iii-
Law (the plaihtitt) and Gilbert L.. Lyman, my
1 nephew ; left the city at about O O'Clock. The
pis hit was dark, Mrs. Lyman was driving 1T a
slow trot. The ground was slippery aud the
horse smooth shod, and the road somewhat
a tl..
until about p. III. Tie lane Is al light ana les
with the road. Our horse is peifec,ly used u
cars, ami have been near cars with him. Mrs.
Lyman is used to driving. | knew tile usual
time within ten minutes when the trains were
due al our crossing. | knew his train which
struck us " as du. at 30 or , 30 y. m. As We
approached the railroad we okcd TO see II theie
We're any trains coming. i am sure we looked
as made the remark, 81 cau see II light IL
cousin Dal's house" saw no locomotive light
Dads house Is towards Stanton. have seeI
lights there similar 10 this one before. | know
what head light is, and have often seen tlIeE
from oar house beyond Stanton bridge two
miles OF after IL eIIrrges from the bridge yoI
do not lose sight Of it,, and as it approaches L
illumlnates everything around the reflect in
is thrown far enough to give apple time I,
Cross The railroad AT the end We did not stoI
our horse 10 listen, but looked and saw no heai
light, and heard no noise, the horse was II
motion when the carriage was struck | know
nothing about what happened after.
Gross examined We We're in a tw0.sear =,
/ Germantown wagon with clftaiiis rolled up; WI
we're on the front seat. The lane Was in goo,
condition. don't recolect any remark make b,
me about the trains passing, OF wondering ha
they PASSED. When We arrived at the X. X. VI
kept On passing at the same place. From tn
mouth of the lane TO the fret track there Is am
D., pie room to stop, and there Is also IA short dis
lance between the two tracks. Our gate open
inside, and was open thst night. Don't kno,
=, whether this was u heavy train or not ca
" hear heavy trains sometimes in ny room. "
. constantly see trains passing our house hay
p seen them backing but very rarely never say
- a lantern on rear car then. From fathers Ian
. Ia Mrs. Lynam's house is about mile, ami sh
y lives nearer Stanton, back apiece from this II
Il. Cousin Dal's house is farther on aud neai
=, er Il. Il. and ahoui II mile from anton bridg,
- | lac ll.hts usDd la llese houses are cal ri
= LAMPS 1t Tie ,tdinars kind DaN ,irdr nigh
=, MiI"n u Ham Is r.n'ins NOd can huinin
]; hu I'll" L''H'li.e't. Sometimes spa ks ny I rt
u tie STA k. t' company iun more fetGli
uain~ At night than 10y dn The toll al oli
carriage would have iIaitued the sound of u.
;, approaching train. In Stopping between III
- mouth Of lane aud tho first tack We wolll
y have had bare room To stand We relied Oh
g the headlight for warning, Mrs. Lyman la
- On waterproof aud hat had on hood
" and Gilbert had on hat | don't think lie La
ON comforter. We heard and saw nothing ii
T. stuck. have suit pending.
II Gilbert l.. Lyman testified substantially Q
y the preceding wltness, and denied pOsitivel
e thai lie had told James Harris or VIM. II. Bs1,
! win or Geo. 5. Lindall or anybody else that Ii
N saw the train before they reached the crossin,
le nut thought they had tiiue enough 10 get GU
of the way. Nothing else new was ELECTED.
A. Harry Whitley, sworn II live at Northeas
NJ was at the depot there that night and SD
a, hat train there The locomotive had no lea,
Il light. 1t was dark there. TOOK L at train
v Wilmington The rate OF speed after leavii
~ Newark was faster than ordinary. The fili
10 notice got of anything wrong was the soppas
&, of the train between Newport and Wllmngto
,f he train backed part of the distance, and
walked the rest TO the place Of accident. Ask
a man in the uniform Of Il. X. what was u
Id matter and he answered, "Nothing." Then
l. walked back. This was heavy train.
. F. iward X. Wilson, sworn IL live near Nry
C. ark. On Christmas eve, 1872, GOT on the ira
g at Newark bound north. Tho train WAS dit
n. at BIB p. m, and did not arrive until b. "a
OF the locomotive at Inc station waiting for u
n other train to pass. There was no headlight |
1r but a small lantern WAS tied under the reflect,
1t was such 4 lantern as conductors USE ma
H. Of clear white glass. l a. ked man in railru
il, uniform when went to get ON why the he,
IA light was not lit. lie said he did not know b
. thought the oil was frozen Told him thong
re 1t was dangerous TO run that way. He Iepi
NJ that If would mind my business they won
III attend theirs. think this man was brake
al, unan-he had badge with letters, could II
m. see what was on his hat and was attending
m. the brakes. am in the habit Of riding on Il
H. road and have done so at least once a week
the last twenty years. The rate of speed W
abolil as fast as is usual on that night. |
,rs member when the accident occurred, and hea
| alurn shp xpl Uh 1 l. r.,
III signal 10 down brakes. Never heard that sigt
*. on this road before. The last whistle prev ia
are TO the accident was al Prices woods betwe
al Newark and Stanton. When the accident
if CURED the train was brought to a stand 81
hio about so yards past Folly Woods. The tn
ion then backed nearly halfway to the place.
all got oil and meeting a man with blue blouse a
ar overas, asked him if they had run over al
es, thing. He said yes. Asked him what it "
.en and he replied that he did not know Tor
ed couldn't see. We went on ill we reached
lii wagon y ing in the ditch. / told him il "
ute there, and perhaps some one was killed.
made no answer. | have watched for trains
night and have seen headlight IL mile oil co
b ing around McConaghy S curve never but OF
before saw a locomotive on the road withou
es, headlight ; my wife. two children and auotl
ing lady We're On the train with he when the CO
sion occurred; don't think the train was
III" ing much faster than usual al the di5anc.
mile you could not tell what Kind OF a iii
ain the locomotive had the ash psn does nut
fleet much Ii ut.
Springer l.. Grnbb, sworn On tho night
EE December "A, 1872, 1 was skating On Fo
Woods poud | saw the train pass by il
no head light. II was a cold windy night.
~ | Siud was from the east or northeast. How
III todd was We had torch 10 See by. TIC wut
ifh ~ MI ia IL, sr,, 70, '''u
torch.
lied Drlaplainr Lyman swoIn :-torIobprai
d. the preceding staLement. as he was illrLr as,