Daily Republican., 1888-05-28

+, Superior Ccnrs resumed iia sessions
81 10 O'Clock this mofning, with Chief
Justice OomeRys and Associate Judae
Houston on the bench. A Jury vns
dawn from the special Jury summoned
TO try the suits against the Wilmin Rton
q Northern Railroad Company, and the
case Of Ella 7. Kyne W. that company
gas taken up for trial. with Levi O..
Bird, Eco, for tbs plaintiff, and "a. @.
Bradford and l.. G Vandegrifs, Esqs.,
Tor the defendant company, This is q
suit for damages which, 1t is ALLEGED,
the platptid sustained by reason of the
negiig gen ce Of the defendant. on lootober
18th, 1885, william Kyne, the father OF
the Plaintiff, hired Q carriage from
Dougberty Brothers, and, with bis wife
and child, started TO go To his father.in.
laws residence, In OhristianA Hundred.
A. he was driving along the Barley
MIL road his horse became frightened
by car that the company had stand
ing on . brauoh OF their road, which
They were then engaged In constr oiinR.
On account Of the condition In which
Tbs railroad company had left the road
Mr.. X ne had no 600 trol OF the horse,
and it ran away. As he undertook TO
turn II from running into the Brandy
wine The carriage was upset and be,
with his wife and daughter, suffered
serious injuries, the latter Il ID claim cd
being rendered an invalid for life.
After Mr.. Bird had made his opening
70 the Jury he commenced the exAmina-
tion Of witnesses
William KINNEY Was sworn, aud tes
ttaed that he 10 . civil engineer. He
ideu tlhed plo. which he had dra wn of
the place where the aonident ocourred
and described It to the Jury
The witness wss ross-exsmlned Mt
length by Mr.. Bradford, but without
chsuging his direct testimony.
William Kyle was sworn, and testi.
ned that be 10 the father OF the plaintiff.
Ella T. Kyne, and that she 10 NOS quite
II years OF age; lhis suit Is brouahI for
her by her next friend, Eagepe Savers.
Gu the 18th Of October, 1885, he hired n
horse and buggy from Dougherty Bros
~ Front and Orange streets, and started
with his wife and daughter to drive out
BraHdywipe
He intended to 60 to his father in.
laws's, Psul BrosAn, aHd turned from
the ksnpe.t pike TO the Barley Mill
road. and reached the place where the
.co,dent happened few minutes after
O'Clock. When he was within about
feet OF the railroad track no noiioed .
W. seeaohha w thu tAkut hHuu EluO Huu
the horse SHE'D. There was no plspk
ing and the carriage wheels struck the
track, frightening the horss and cau,-
Ing 1t to run on. As 1t was going
straight toward she creek, the witness
tried 70 turn him when the carriage
upset.
At the point where the railroad inter.
secttd the public road, the railroad
osm pnny had the dirt thrown up in
suoh manner that II there had been
another team coming IL could not have
pAsaed. There was no aIsnal or warn.
ing Of danger, aud 1t wAs 90 dark that
the witness could not sec the oba.ruc.
ton until he was close 10 IL. wksu tho
horae commenced to ron ihe Wits esn
put both feet against the dash board
and tried TO hold him In, bu, he was
unmaDAseable. When tho carriage
upset the witness with his wife and
child were thrown eat.
On oross.examinA,lon the Witness
said that Charles DouPherty did not
neither did he adVIse him to take
smother one which be recommended "a
being . quister and safer animal. Up
to the time OF this accident he had no
fear Of horse. but has now There
was more direat road 10 his father in.
lAw's, but Is it was torn mp the last
time he passed over II he was afraid TO
60 shat way.
He wAs not under the influence Of
liquor when he went 10 Mr.. Douaherty
to get the horse, neither had he drank
any Intoxicating liquor all day. He
had taken some liquor the previous
evening, bat did not drink anything at
all the day Of the accident. He was
driving the horse himSelf, and did NOT
tell Ella Griffith that his daughter had
hold Of the reins As the time He did
not tell Mis- Nan Grim IN that his
daughter had hold OF the reins when
the horse started to run away.
MT. Bird WIS granted permission to
take the jury TO the scene of the aocl.
dent during the recess on condition that
they be accompanied by counsel from
each side. Al o'clock Court took
recess until 8 o'clock.