Daily Republican., 1888-05-30
SUPERIOR COURT,
Hyne vs. the Wilmington and Northern
Railroad CemPany-rhe Evidence for
the PiaintfH all in--The Defense
Opens,

Hyn0 vs., thS NiimtnRtoD and Northern
heilroad Csmpany-rheE Evidence TO,
the PiaIntiR all in-rho Defepss
Opens.
Superior Court resumed 1T q o'olocl
yesterday afternoon with Judso Hous-
ton and Judge Psyater on the bench
Chief Justice Comsgys having gone
home SICK at noon.
Mr.. Bradford made his open ing srRu.
ment to the Jury In tbs case of Ella T.
kyne vs.. the Wilmington and Northern
Railroad Company. Ee spoke until
3 30 O'Clock aud then commenced the
exsmiDa alton OF witnesses.
CHARLES b. Dougherty was worn and
testified that he is the proprietor OF o
livery stable ut Front and OrAn ae
streets. William Kyne came to him
October 18th, 1885. TO hire team, and
he told one OF the nen to hook mn n
black mare, named Alice.
kyne asked what WAS the matter
with the gray mare, and the witness
told him she was lame. The reason he
did this WAS that he judged from Kyne's
appearance that his had been drinking.
AS be insisted on having the gray mare
the witness finally concluded TO let him
take her. IJ Was the first time he had
ever let Kyne have this mare, and the
tirst time he ever had her with his oou-
sent. He objected to letting K Kyne have
her, becausa ne did not consider him a
careful driver, and ns was particular
who he let have this mare. She was a
good enough horse to drive, and the
witness would as leave drive her rs any
other bat she wac very nervous some
times. After the accident he went out
to see Kyne, and he told the witness
that he did not dnd any fault with the
maze. and distinctly said that ct the
Time OF the accident his little girl had
hold Of the reins.
CHARLES O. Ellwell testified that he Ia
assistant engineer and roadmnster on
the w. q N. Railroad. He made n
plot of the place where the aooldspt oc-
Cured Immediately afterw ards, which
he Identified and explained to the Jury,
At the time OF the accident there was
no track across the Barley Mil road,
neither had any been commenced, al
though the road WAS open to the public.
They had men on hand continually TO
spread the material As fast 40 1t was
dumped, and he never knew OF It's be-
ing left in hesps or ridges. The "hn"
up 10 sub grade was completed on or
about July 18th, 1885. There WAS o
great deal OF travel over this road, and
teams were constantly passing and re.
passing each other after the 'tfli" was
com pleted In July. He never saw any
distractions left upon that road, as It
was always spread as fo1n as 1t was
dumped. The read was never smoother
or better than 1t was on October 18th,
1886.
He visited the road the next morning
after the accident, and there was moth,
ing at all the matter with It, The car
loaded with ballast that was on the
tracks WAS fully fifteen or twenty feet
from the road, as the tracks were not
laid TO the crossing. He did not con.
slider the plan made by Mr.. KINNEY
for the pleiatif as being accurate In
respect to the condition OF things as
they existed at the time the accident
occurred.
This witness was subjected 10 long
and searching ctoss.exAmination by Mr..
Bird.
Joseph L. Hills testified that he is
chief engineer on the W. & N. railroad,
and has held the position about four
years. The "hll" was always kept in
order, so that the road was In good con.
dition. In making "all" one side Of
VIZ AVA& "oo oUub Atbt buu bu6u Tile
other, 30 the road was always In good
coadition and safe for travel.
He considered the road perfectly safe
and In good condition. He had fire.
quently seen wagons pass each other on
the road, and he considered 1t safer
than an ordinary turnpike road. He
did not think the railroad trsoks were
within 26 feet of the public road ct the
time the accident occurred. The Wit.
ness made practice OF overseeing this
work to be sure that IL was done In a
proper manner, aud he was certain
that there were 10 rails or cross ties ct
the crossing on the fifteenth day of oo.
tober, 1885, He had broken stone
spread over the road to keep 1t In good
condition.
As 1t Was nearly O'Clock, court
took recess until 10 o'clock this morn
Ing.