Savannah morning news. [volume] (Savannah) 1868-1887, 1882-06-29

suit Against the Charleston ana
savannah Railway Company.


Our readers will remember that in January
last full particulars were given In the MORN
nc NEWS of q terrible accident on the
Charleston and Savannah Railway, near
Adams Run, growing out of misconstruc-
tlon of orders on the part Of conduc-
tor. in which several parties were killed.
One of the victims was George E. Osbome'
mail route agent on the train. We notice
by the Charleston NacS and Courier Of yester-
day that the first suit growing out of this
unfortunate accident was commenced in the
Court of Common Pleas in that city on
Tuesday. That paper says:
The frs case called was that Of Mrs.
sarah 8. Osborne, executrix of George E
Osborne. against the Charleston and Sayan-
nah Railway Company. Messrs. Wingste
and BUST appeared for the plaintiff, and
Nessrs. Brawley and Barnwen for the de-
PENDANT company. The suit is an action for
the recovery Of So, 900 damages alleged to
have been sustained by the plaintiff through
the accident which occurred on tbs Charles
ton and Savannah Railway. on the 21st Of
January, by which George E. Osborne, the
husband Of the plaintiff, received injuries
which resulted In his death on the 26th of
January last
IAN Of the evidence for the plaintiff was
submitted yesterday and part OF the testi-
monv for the defense. Owing to the alb
sence Of Mr.. Eddy, the telegraph operator
In the main Office OF the Charleston and Sa-
vannah Railway Company, and of Mr.. Co
burn, the operator at Green Pond, their evil
dence, as taken at the inquest held over
Mr.. George E. Osborne, was admitted by
consent as a part of the record. The first,
witness examined was Mrs. Sarah E. Os-
borne, the plaintiff. Her testimony showed
that at the time of the death of
her husband his family, consisting of
himself, his mother, sister, child and
wife were dependent upon his earnings
for their support. She also produced let
ter from Colonel Mansfield, Chief Clerk of
the Railway Mail Service, advising her of
the appointment Of Mr.. Osborne as acting
route agent between Charleston and Jack
sonville, STEW weeks previous to the rail-
road disaster. This appointment was to go
into full effect at the expiration of six
months, the usual time allowed to route
agents to perfect themselves IN the services
required of them by the postal department.
This letter of appointment was admitted in
evidence Of the company. The rest of Mrs.
0.borne's testimony was directed to the
establishment OF the amount of damages
claimed.
'fCol. R. E. Mansfield testified that he was
the Chief Clerk Of the Railway Mail Service,
and had by instructions of Mr.. L. NJ Terrell,
the superintendent of his division, appointed
Mr.. Osborne as acting route agent between
| Charleston and jacksonville, on January 5,
1882. In relation to the accident Col. Mans
field testified that he was on the train from
Savannah to Charleston on the day of the
| accident and supposed that his train reached
Adams Run on time. On reaching that place
| the train was side tracked and waited
there shout fifteen minutes. He was told
there by Mr.. Burbridge that Adams Run
| was the regular Getting point for trains
After waiting there for about fifteen min
utes the train moved off, and had gained
/ speed of about twenty miles an hour when
| it collided with train coming from Charles
ton. Mr.. Mansfield testified that there was
/ not the slightest instruction given Of the
| impending catastrophe by any of the officers
| OF the train, no whistle having been blown,
and no blowing off of steam, and he went
| down In the wreck with the rest, but did not
receive any serious INJURIES
The rest of his testimony recited the facts
OF the accident and the clearing up of the
wreck, as already given in the NEWS at the
| time of the accident
"Mr. Hogan testified that he was on the
| Charleston bound train coming from Savan-
nah at the time of the collision, and thought
/ Nuab du CAAOib was ulduC Wy buC tuRAibCI W
/ put down the brakes few seconds before
the trains collided. The rest of his evidence
was substantially the same as that given by
| him IN the inquest over Mr.. Burbridge. held
on the LIST Of last February.
"B. Ii. Craft, cOlOred, testified that be
was a route agent In the Charleston and
Savannah Railway service, and was on the
Savannah bound train NO. 40) on the morn
| ing of the accident. This witness also re-
cited the facts of the collision as they have
already appeared.
CDR. s. l.. Lockwood, the last witness for
the plaintiff, testified that he attended Geo.
Osborne from the time OF the accident until
his death. 10 his opinion the death of the
| deceased was caused by peritonitis resulting
from the injuries he had received.
/ "Colunel G. s. Gadsden, Superintendent
of the Charleston and Savannah Railway
| Z )mpanY, the first witness for the defense,
was examined in relation to the kilograms
which were issued on the day of the coils
| ion to govern the movements or the two
trains. The following are the kilograms
"CHARLEsToN, s. c., January Dist.
ITO Conductor No. 43: Meet and pass
| No. 40 at Adams Run.
&C; s GADsDEN, supt.'
CHARLESTON, S. c., January Dist.
" TO Conductor No. 40: Meet and pass
| No. 43 at Adams Run.
"'C. s. GADsDEN, Supt.'
''Mr. Gadsden was subjected to a rigid
| cToss-examinafion, but testified substan
TALLY that the cause of the accident was "a
| most singular and unacccuntable miscop-
ception OF an order by the conductor of the
train from Savannah The rest of Mr..
| Gadsden's evidence as to the facts of the
collision is in substance identical with those
| testified to by him in the Osborne and Bur
bridge inqussts.
cat the conclusion of Mr.. Cad sden's tes-
| timony the court adjourned"
Early Closing Movement.
1t will be seen by references to notice else