The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1879-06-14
ABOUT A HORSE.
BOWEN vs.. THE p. W.&B. R.R. Co.
Trial of the Case Before Meeers. BIatton,
Partridge and Mackall, as Referees.

Partridge and Mackall, as Referees.
This was an action for damages brought
by VIM. Bowen against the Phladelphi;
Wilmington Baltimore Railroad Company
for Il horse killed by coming in contact will
the train hat passes Elllton at II o'clock +
I NJ, ut the crossing near the Jail, on the
night of August 9th, 1873. The Eailroat
Company removed the trial 10 Kent county
and il was expected that the case would
have been tried at the last term of the
Circuit Court for that county, but the
company proposed To submit ii to referees
and MeSsrS. Daniel Braton, John Partridge
and Il. c. Mackall were selected by tn,
counsel for the parties in the case, ami the
/ trial commenced before them in the Grand
Jury room on "Wednesday last at . o'clock
/ \. NJ.
The plaintiff was represented by Hon.
/ Hiram Mccullough and H. {. Tharkcry,
Esq The Railroad Company by VIM. j.
Jones, EST, and Hon. Alexander Evans.
! Levi X. Bowen WAS first called and teS-
titled that he was in the carriage on the
night of the 9th of August last and started
to drive up North Steeet on the way home,
in company with his brother John: heard
the whistle of u locomotive when opposite
MaNwtll'S store, which he believed was from
freight train south of the crossing and
below the depot: went on and, when past
the tool house saw the light from the head
light on the south bound train: both caught
the lines and tried to stop the horse, but
failed to do SO, and shorty afterwards We're
struck by the engine: horse was killed and
both shafts broken tro:h the carriage: knew
the character of the crossing and WAS on the
alert heard locomotive whistle but once,
heard the rumbling of the freight train; saw
no train and heard no whistle after they
passed the Jail.
Cross eNamincd by Mr.. Jones: Did not
stop at NaNwcl'S store; held up little
shortly after passing Maxwell'S and then
urged up the horse thinking there was
ample time to cross the track before the
freight train reached the crossing; heard
the locomotive blow but once: did not know
whether the south bound train had passed
or not; did not recollect saying to the by
ISLANDERS ut the time of the accident, that it
was caused by fast driving and that he did
not blame the Railroad Company.
by Mr.. Mccullough: Ii the whistle they
heard had been on the train that caused the
accident, the train would have been 4 mile
south of the depot before they reached the
crossing.
John Bowen w;,s than examined, but his
evidence differed in no material point from
that of his brother
Benjamin ID. Bowen, WI; then examined
touching the value of the horse. and testified
that he WAS Il good, sound. quiet and rclid
BILE animal, and witness thought he WIS
worth 800: that the horse had been lame ut
one time but had fully recovered from the
lamenesS and was sound when killed
Joseph Wells was then examined as TO the
value of the horse and said he considered
him worth-if we'll and Sound-S;00 or 800.
Arbitrators then adjourned till o'clock
7. NJ, at which time they met and Calvin
Strickland being called said that he was IA
miliar with the horse and had ridden behind
him the night of the accident and that he
was not lame then. Oliver Clemson, teSti-
fled that he had been told that the horse had
recovered from his lameneSs and if the
horse was sound and well he was. worth
S40O or $500 He had owned him once and
had refused 500 for him.
+. W. NJ. johnson, was then examined:
was sitting i'll the front room in his fathers
house on Stockton street not far from the
railroad on the the night of the accident aud
had an unob>tructcl view of the train: did
not hear the locomotive whistle when it
passed in front of his fathers house: usually
the locomotive made Il prolonged whistle just
east of the crossing but made none that
night: heard the whistle of the freight train
west of the depot. Witness was then shown
Il plot of the roads in the vicinity of the
place where the accident occurred, which
he had helped to make and was examined
in reference to it but Us nothing of interest
was elected we omit it.
Mark Cannon Lived on North street,
just above the crossing: was in an upper
ROOM and had an unobStrurted view of the
track: heard the freight train whistle west
of the depot: saw the train that caused the
accident before it reached the crossing: did
not hear it whistle.
William LoomiS, conductor on the train
that caused the accident, was then called
and testified as follows: That the train was
made up at Jersey City, and was taken
Of of DI,il,l,1,h;a 1,,- tba
ployeS of the Philadelphia, Wilmington
and Baltimore Railroad. and remained in
their care until delivered to the Potomac
Road at Charles street, Baltimore: that he
had had charge of that train for some weeks,
and upon that night ran usual; was first
appraised of the accident by the application
of the brakes by the engineer: got out the
red lights us soon as possible; heard the
freight train blowing for brakes: went back
to the scene of the accident: saw one of the
young men holding his elbow; asked if he
was hurt he replied not much; said they
We're drivin. too fast, and the horse had
hard mouth witness told him they had run
into the train, and the young man said yes,
and that he did not blame those in charge. of
the train.
Cross-eNalnination: There was, he be
lieved, an imperative order issued to the
engineers to blow the whistle when coming
round the curve. Witness was cross-exam-
ined i'll regard to his knowledge of the dan
ger signals and whistlins posts without ellie
itng any thing of interest. The usual rate
of speed of that train was about thirty miles
an hour: did not say that he was runnin"
at the rate of forty or fUrty-fvc miles an
hour; could tell, when on Il tr;,in whether
it was running thirty or sixty miles an hour:
train was due at Elkton at II r. NJ, and was
on time, or very nearly so: time from Phila-
tlclphia to Baltimore was three hours and
twenty minutes. Witness was then exam
incd about the rate of speed, number of stop
ping places, distance between them, Ne
John Brcar, engineer on the train, was
then examined, and testified that he was
positive that he blew his whistle: was told
by the fireman that they had struck team:
applied the air-brakeS, and stopped about
| ,i10 feet from the scene of the accident;
seized Il torch and >ignalrd the freight train
to stop: about this time saw the red light
displayed at the rear of the train: went
back to the scene of the accident, and saw
a young man, to whom witness said, NV
God, man, what We're you doing :'-he re-
piled, Il don't blame you; we run into the
train"