The daily gazette., 1879-12-12
FIFTH EDITION.
OUR COUNTY COURTS.
THE RAILROAD CASE STILL BEpoxR
THE COURT AND THE DEFENDANT

THE COURT AND THE DEFENDANT
ASKS FOR A NON SUIT.
Specially reported for the Gazette.
NEW CASTLE, Dec. 12.--The Town-
send damage case against the p, W. Il
u. X. X. Go. was resumed this morning,
and John White was ,lled for the plain
iii AID testified that he passed the place
the evening Of the accident, at 4.3O
o'clock; noticed that the dirt bad be,
dug out between the cross ties cl, ar
across the track on the north side of the
sire. and piled up on one side Of th.
crossing; one the other side tue planking
that had eeen taken up was piled up; car
vas iun over on the line of the street al
the crossing about tao biz ds Of It's
length standing ON the street the oh
slructiors lcf passage way about ~
or 10 feet wide for carriages; witness
thought It was q dangerous place for
carriage To pass.
benjamin +. Townsend testified that
he crossed the track At I o'clock that
evening and again at about 10.45: there
was car run over on the line OF Fourth
street, stah ding with about Two thirds Of
Its length upon the street itself; on the
"a, r,h de Of the street the earth had
ID,
the dirt piled up.
things there did you consider it danger
Gus?
Mr.. GordOn-I object TO this; tne
learned counsel is q lawyer aud should
know better.
Objection sustained.
Mr.. Townsend went on TO / stlfy that
tbx.x k,.,t hx. a
as member of City Council and Chair
man Of the Street COMMITTEES he had
called Street Commissioner Hoagland's
attention to IL; the work could have
been done In much less time than was
really consumed eight or ten days was
a sufficient length Of time.
Cross-examined: saw my brother at
his home the next day; his head and
hand were bloody and much injured.
John w. WoOdberry, who has charge
| X. X. Co., at Fourth street, was then
Scully had charge Of the night gang and
if the car was put there he had done 1t !;
did not know that the car was there.
Z oss-exsmined Don't know Of my
PERSONAL knowledge that the car as put
there.
T.. ii. Hoagland, ex Street Commits
sIoner, testified that the work of taking
up the planking Of the railroad track
and putting down the block OF stone
was not authorized by the city.
Douglass NJ. Mccoy was recalled and
questioned about the course taken after
the accident he testified that they first
started TO go to Mr.. Townsend's house
on Chr stiana avenue, but he was bleed
ing so badly that he did not think he
could stand IL TO go so far they return
ed to town aud went TO the Washington
House.
Mr.. Lore rested his case by ths intro
ducton OF the city ordinances OF Will
mington. which makes II unlawful fol
any railroad company to allow a car u
remain OH the track where there Is 4
crossing for period of ten minntes,ex-
cept in case Of accident aud imposes {
fine of $50.
Mr.. Gordon made motion for non
suit on two grounds: Firsr-fh- damages
smt ined by The / iuti NJ are ,nsequ' !
ial, and not recove able mt commoI
law unless they be waDton; the defend
Ant a. the time the accident occurre,
was engaged IN the exercise of its Lawful
rights and the discharge OF Its Lawful
duties dependant upon 10 by the laws o
the State D-lawars. Second--thi acci
dent as shown By the plaintiff was OF
account OF comb bined fault and neglec
Of the plaintif fl In this suit and Douglas
NJ. Mccoy. In considering the points !
would he well to remember that the de
feuda ut came into court not as plaintiff III
usually do, hat AZ an Individual.
Arguing the first point Mr.. Gordoi
= quoted from 81 NJ assso buseris Reports
Pickering" page 4lS; al Blackstone, i,
] page 9l6 case OF Bean rs. Bloom. Tn
Railroad company; he said had a perfec
right ID have the car in that position
aud, barring the fact that the car stool
there, negligence on the defendant
part can be shown. The work of impro
wing the road bed was done for tn
be u, fit of The public, and the danger.
danger II can be called, must have beel
known to the plaintiffs.
On the second ground the lawye
quoted "Starkey on English Com
mon Law" page l64. and drew
strongly npoB the doines Of the plaintiff
and Mr.. MoCoy that night, and held
was natural Inference that at least tn
, latter was intoxicated and in no comb
tion to drive a horse the more direc
route for them would have been owe
Market street bridge.
Mr.. Lore, at great length. spok
against a non.suit, and concluded at 1 o
clock, whereupon the Court re fused til
motion.