Daily Republican., 1884-02-08
FIT 7 / EDITION
SUPERIOR court
The jury Charged In ,bsp,
CAse-AnOshsr kuit Ap.,.'N
Same Company. III

Aou IN the Rail-,
Csse-Ano'hsr Suit Again, u
Same Company. III
Court re-opened at 10 o'o,,.,
morning with Chief Justice 'I C III
and Judge Houston on the bern Itontsn
The jury in the case of IN. Sr",
the Baltimore & philadelphia E'F
Company, were charged bv ,h "" m
Justice, TO the effect that i, r "o VNs
shown by several witnesses ,L., '+s
public road at this point was Quay Quay y
teen feet In width and had been "' T., u
sufficient for all purposes of tr,r,T %aa
IL had also been shown tina, ,ten.
road Company offered to bniIJ ' a" HA
al ntments 10 feet apart at rla ,,pv
which would give at least one f f., we
width TO the road. ''' uon
The law only requires tina, o,.
bridges shall be twelve feet wild. y ,"
clear, and he evidence has shown ~ 4, "a
there are very few bridges that a, 'Os
that width IN New Castle conu,r q
as far AZ known there has npy.,h h Id
any complaint about their bg,n, ' =,
narrow.
1t had beal urged by some n, 4
witnesses for the State that /, u, W.
be impossible to haul a load ., IVA ia
through the place if it was op,y .p1
feet wide, but in the opinion If y
Court 1t would b. an .xtta,,G,'s
large load of hay that wou be ,,,. -
feet wide.
The Railroad Company vns J..
obliged to build their works IA u,.
MEDIATE extraordinary large load. y
the law only compelled them 10 Ds'
s'ruct these abutmcnts that thew Ts
rot an obsiru elton 10 Ordinary G, Hs
day travel.
The Chief Justice spoke OF the d,,
in the bridges on the Chri,'ia,a m,
and said they had been cons'rora,
Il width sufficient 10 meet all rArr
nary wants of vessels pa,siuy a,
down tho river, and neither ,Iats,
Ilo.ling worth or jackson e. sl,r,
any ON, else, had a right 10 cou,,rt,
vessel that would he too larse ia a.
through the draws, and il thew Ii 4
II war ut their own risk The ctr,
Was completed at 1913 O'Clock srih
jury retired.
Aturney-General Gray then cal{
Ne ease OF the State w. the Eatiu,
q Philadelphia Railroad Comrsr7h
n,cted tor obstructiug public rad
b. andy wine Hundred, running M
the Philadelphia turnpike 10 Tue Ss.5
p't bridge, and known ~ the 6r.s
hurst road. The same cons
were engaged az In the former Sut
Robert Banks testified that he /.
road commissioner IN Brauaywy
Hundred, and this road is one Of lid
under his supervision. At the piu
where the company propose to D1t
their ahutments Is Do% forty feet va
twenty eight feet Of which is used a.
road way and { the abutmcnts aebl.
they will reduce IL 10 sixteen feet, Il.
cause Il serious obstruction to traTty
Thomas &. Bird testified that ia
sides in Brandywine Hundred al
knows this road 1t has been u,la
public road for the past twenty ye4a
~ the poiot where the railroad "a
pany propose 10 constrncv th.iT ,rts
and bI,ild the abutmerLs the road II
feet vide, with ditch on eaci .iis,
duGiug il 70 2s feet
There is u hill in the road a y
point that makes travel very dfa
and If the road il made any nans
than it now is, will cause 1t 10 ears
ilnpassahle.
These two witnesses We're conobSa
by John S. PetitdemaDRe, Henry
Mabatfy and Joseph Miller, NJ
Mahaff'. said that any bridge the oon
rany would construct at that Ni
would be an obstruction and II u
abutments were built 40 thai
roadbed would only DO sixteen iee!Vd
1t would be dangerous.
Atl.lO o'clock Court adjourned 10.
3 o'clock this afternoon.