The daily gazette., 1879-12-18
FIFTH EDITION.
OUR COUNTY COURTS,
CASE No. Z AGAINST THE p, w
x 3. X. X. co.


RiEs RULED oUT-THE EVIDENCE
BEiNo GIVEN RAPIDLY
Special correspondence 20 the GAZETTE
NEW CAsTLE, Dec. 1e.--The verdict
which the jury In the Wilson -Staats case
brought In last evening was "for the
defeDdant," and does not allow the
plaintiff any Of the whole amount OF his
claim, only part Of which was for The
engine that figured SO largely In the
trial. lt
The case OF Douglass Mccoy against
the r., W. & B. X. r. Co. having been
opened for the defrase, by Mr.. Lore, last
night, Was continued when Court OPEN
ed this morning by the calling of s. d.
Townsend.
The ties timony Of Mr.. Townsend was
In many respects similar to that given
by Mr.. mccoy In the case of Townsend
against lee railroad company few days
ago. lie stated that lie In company
with Mr.. Mccoy were driving down
Fourth street they waited until some
cars that were passing had gone by and
then started TO cross the track /; the horse
went well, except slightly shying at the
pile of dirt, until they were passing the
car that stood on the track, when the
horse ran TO one side and carried the
wheel Of the vehicle into the excavation
In the road bed, breaking II; Mr.. Mccoy
was thrown partly out Of the wagon up
on the bottom and the witness took the
lines, being tn own out the next instant
and dragged by the running animal for
about 100 yards, when he was stepped I;
witness went on TO state that the watch
man went into his box as they came
across the track and did not come out
until they came back after embarrassing
the horse.
Mr.. Lore questioned Mr.. Townsend
about McCoy's injuries, and elected re-
plies that he was In the wagon when the
horse was stopped and got out and asked
where the wheel was, and complained
that he was hurt In the side.
Mr.. Gordon, counsel for the defendant
promptly objected, saying that the
declarations in the plaintiffs narr stated
that he was thrown out on the ground
and hurt, and does not allude TO any in
juries received while in the wagon there
had been no evidence that the plainiif
was hurt by being thrown out on th,
| ground, and unless there was evidenc,
10 that effect no proof Of injuries coult
be made.
Mr.. Lore held that he was examining
within the rules Of his pleading and tha
| the fact OF being partly thrown out wa.
part Of the allee al ion In the narr tha
| the defendant W as thrown OH the ground
The court unanimously sustained Mr.
Gordan's objection and stated that Mr.
Lore could prove no injuries TO tn,
| plaintiff except those sustained by fallin,
out upon the grouud, as alleged in th,
narr.
The continuation Of the examination
showed that the wagon aud horse wer,
owned by the plaintiff; that the whee
of the wagon was totally demolished
and the horse was rendered useless as
safe driving horse and put TO wolk oil
Mr.. McCoy's farm.
| The cross-examination was quit,
lengthy and chiefly confined to interro
CATION In reference TO the condition o
the plaintiff. Witness thought MIR. Nc
Coy was sober and able TO drive ih
horse that night he denied having sa',
TO Messrs. Legg and Brison the next da,
that If he had been driving the acciden
would not have happened he had hear,
that Mr.. Mccoy visited the scene of tn
accident next day.
Enoch Moore. Jr., testified to exami q
ing the scene of the accident The mex
morning, aud gave evidence similar l.
that which he had given in the Town
8 ndc1 o,
Deni. r. Townsend was called an
questioned with regard 10 the damage T.
the horse and wagon. He testified tia
the damage to the wagon was about fit
dollars previous to the acciden: ib
horse had not been afraid of the cars bu
afterwards he was very fearful of them
he had ridden across the railroad benin
the horse both previous and subsequen 4
to the accident, and the first time he Ill
not seem to notice the cars, but the las
time he was much frightened and IL wa
necessary to get out OF the wagon an
h Id him witness considered the hor
to have heen worth $500 or $500 or So
before the accident, bat afterward h
was not worth more than 500 or $3.50
Amos Il. Eastburn, Jonn White an
Dennis Boulger were called and testifie
TO the condition OF the crossing on IN
evening Of the accident, giving tvidenc
similar to that adduced IN the TowDsen
| case
Ex policeman Edward Scully teslfie
that on January "a, 1878, he was in
employ OF the railroad company, an
that he put the car on the track becaus
the siding wos full; It was pat theI
about 10 o'clock that sight.
Mr.. Lore put in evidence copy oftb
Wilmington city ordi inances, contain. n
q section making 1t unlawful to have
car on the track at a crossing for moi
than ten minutes.
The plaintiff then rested the case, an
Mr.. Gordon opened for the railroad col
pany. He said he W uld show that ih
defendant exercised all necessary car
in doing the work at the crossing; an
that the accident was the result of care
lessness and neglect ON the part of th
plaintiffs to establish this latter point
would call man who saw the horse gC
ing down Fourth street at q full run.
Chas. A. Merriam testified to doin
the work at the crossing, being irac
superintendent.