Evening journal., 1888-05-28
TmE SUPERIOR COURT.
William Kyne'a Daughter AgaiDas
abe W. & N. ~. Va. 90.

abe w. & N. ~. Va. 90.
Court convened at 10 o'clock this morn
ing aud jury was drawn TO try tho case
OF Ella r. Ryne against the Wilmington
and Northern r. II. Co. Levi Bird opened
the case for the plaiutiH by stating the
case to the court as follows. Ella K. Kvus,
a minor. brought suit against defendant to
recover damages sustained at a crossing of
tho Wilmington and Northern railroad on
the Barley Mill road In ChristiRna hundred.
On the 18th Of October, 1885, while riding
In carriage with her parents, the plaintiff
approached the railroad crossing and found
fiat car standing near 1t with the road
terribly obstructed by piles OF dirt
and material. The horse be-
came frightened and numanageabls
and defendant was thrown out and cut and
bruised. Mr. Bird then stated the case to
the jury as above and said that the child
had received such injuries az would MAIN
her mentally and physically for life. The
claim for damages would be as the jury
thought right according TO the evidence.
The first witness called by Mr.. Bird was
William A. Kimmey,a civil engineer and
surveyor. who had made a survey OF the
locality where the accident happened. A
map made by witness was displayed, and
he explained the details OF the
same, giving the distances from
point to point and describing the
condition OF the road. Mr.. Bird read
portion Of the state law regarding railroad
crossings, and MIR. KINNEY further de-
ecribed the locality of the accident, by
means OF the map. e. q. Bradford now
cross examined the witness. Witness had
never before surveyed the plot and repeated
the distances given In the lirst examination
William Kyne was now sworn. He tssti-
fled that ELLA Kyne was his daughter and
was nearly IL years OF age. At this point
counsel on both sides explained the plot Of
the locality of the accident to the judges.
Mr.. Bird now resumed the examination
OF the witness. twho testified as to hiring
the team on the day Of the accident and the
route taken 10 his father n laws residence.
At the right OF tho crossing was a car
and the horse shied at the car the carriage
bounced between tho tracks aud came
down on the horse. which became frightened
and tore down the road at full speed. The
car encroaehed on the pnbllc road dve or
six feet. There were carts, plies OF dirt
etc at the side OF the road. There was no
warning signal OF any kind at the crossing.
IL wes so dark that witness could not sec
the ,obstructions until directly on them
The horse was gentle and be had often
driven II. There was no railing os any
kind on the approaches. He was
thrown out at the foot OK tho hill, as was
also bis wife and child. On cross-examina-
ton witness said he was about eight feet
fIom the track when tho horse shisd and
the hind wheels OF the carriage struck a
pile OF dirt. He visited his fatherin-law
about once a week. Charles r. Dougherty,
the liveryman. did not object to his taking
the horse be did. Mr.. Dougherty did
not advise him TO take another horse.
Witness said be had not been
drinking that day. The night before be had
cramps, and he had taken some
sherry wine with jamaca ginger in II. He
was driving himself and no one else had
hold OF the reins. Witness did not tell
Miss Ella Griffith that both be and his
daughter had holi OF the reina He frss
thought of suing the railroad company
about two months after the accident. The
car was the Gauss OF the horse becoming
frightened.
During the morning session counsel in
case No. 81, James W. Ware We. Abraham
J. Peters, stated that the case had been re.
ferred TO referees named by counsel.