Daily Republican., 1888-05-29
FIFTH EDIrIO


. Uourt
AZ soon rs court con yenss ~,
M the case OF HllA T. KIN sa''
Wilmington & Northern r NJ, Ie
pany was resumed, A'''roa
james DouRherty was a.
testiaed that at the time NJ s nv.
20 Mr.. Kyne he was ans y
,pouanerty Breth,rs. Fla III
morse test was hired to Mr.. ~ NJ
wniie u was . spirited apimai
not consider 1t dAnesrors
O'clock o.. In toe morning Of n. I
NAT. kyne met with ,bs , .n.
wi'nsss drove over tia ~ A.
toan and considered # in pat
condition, even In day lISbt
ness SAW q car loaded vii,
sanding on the track, oss WI MN
was was over r, the public road. 'I Tt
wss perfectly sobe, the dsu f
hired the team, and The Via, ny
known him to even tsks a de;
year previous to the accident
fsnl Ward testified Thai he
this city, and "a a roimsn !,
surveyors III 70. Abopt ton.
the eec dent the witne,s nv
the Barley MIL roAi whtI.,S,
occntredi ard considered Il IN
dangerous condlt on. Tbs,a
bhllatt or plauklns between IN
to prevent the wheels Of A COL
ing down. he knew that NJ
had driven the horse thatMrE
as he vas with him messutln,
and paving. The animal ~
eeutle, and would stsnd withonX
ing. -#...
Thomaa Percival testified ,b..
employ ed in 1856 by Doueherty
ers, and lie still employed by tcl
driver. He had frequently dr,N
mare No. Kyne had the uisst Al
oid.nt, and always found hsrs
and kind. He drove over tie
MI ! road the same ulRht sf,er n
deut occurred, and found il IN
dan ferrous condition,
Howard Hazel testified that
with Mr. PefeivAl the might
drove over the Barley Mil nd
was sitting on the box, Lrd r
asked Lin to get down and sea
Carriage was In the middle Of i
as he considered Il dangerous +
Piled that he guessed they wo
along all right by driving carsiu
when they crossed the tracks thd
struck tie track aud the horses
the car. The witness was all
hold on to the rail around the ID
would have felltn th.
Thcmss DogohOe testified Tint
sides ct Squirrel Run, md wei
the d srley MIL road sboat one n
fore II Q accident. He did rot q
ths re a | safe in daytime and wss
10 even walk over 1t Of night,
David Mcbride testified that Il
he boarded at DlP0nrs BAnk
was accustomed to pass along ID
ley Mill road every Saturday nd
day night. he considered III
very dangerous, especially aittr|
John Dlran testified that be
over the Barley Mill read ever
from some time In AuSuat, 1854
November OF the came year,
charge OF the wagon In which I'D
and always cautioned the drival
4 very careful 10 driving aer0s'
tracks. He considered the road |
dApRerors.
Mr Bird then read the sOt
Legislature authorizing the OF
tion Of the Wilmington & Nd
Railroad Company.
John Peoples testified that DO I
ly lived near the place where tha
dent occurred. Tue Barley MI
has been q public highway alncs
aud is situated In Christians Hal
| Ella L. Bogau te,tfied thHt ID
Aunt Of the plaintiff, After ID
dent she WAS brough: 10 the viii
house; ehe was unconscious, a
msined SO for several days.
fully Ave weeks before she Tss .
bs removed To her own home. 81
frequently seen the child both
and since the accident, and thlnl
she is now nervous and fiesful.
Mrs Annie t. Kyne was 70
and testified that since tho aeclit
child has been nervous aud ia
much so tina. she scarcely has 90
troll over her.
| William KIne was rf-eaIie'
oorroboraied tho testimony glyen
wife In reference to lhe cl ihs
tiun.
D.. Fl ward 0gle testified that
attend led the family Of william
for the psst year. he hsd he,i
testimony OF Miss Began az NJ
Mrs. Kyne, ard considered neiyGl
Ruch as thsy hal described
chi.d, would bs likely to iheisI
she grew ID r
Mr.. Bird announced that ne
rect with this witness, and y ~ '
rsoess until 3 O'Clock this aI'tfi y