Evening journal., 1888-05-29
RAILROAD DAMAGE CASE.
Evidence on the Condition OF III
Croskfne

Evidence ON the Condition OF rhs
Crossing.
In the superior court this morning ths
case Of Ella Kyuo w. the W. a. N. r. r
Co. was resumed. james Dougherty wal
called as witness for the plaintiff. Wa
employed as driver by Dougherty q Bro
He had driven over the barley mill road OF
the morning of the day OF the accident. and
found the road ia dangerous condition
dr. kyne was sober on The day be hired
the teasn.
On cross examination be said he had tc
walk his horses on account OF the bad con.
4 dition OF the road Witness had driven to
many places when drunk. and supposed the
ooes saw him when he came Ia pretty full.
Paul Ward was nov sworn and testified
that be was a rodman IA the ofiics OF the
city surveyor He crossed the road four
days after the accident and found 1t then a
dangerous road The road was not nsaad-
emizsd between the rails. Had driven
about the city with Mr.. Simmons at bis
regular work, measuring pavement, using
this same horse, which was left standing
unhitched on several occasions.
Thomas Pereival was the next witness.
He drove for DouRhsrty & BRO. in Octo-
Der, 1856 Had never had any trouble
with the mare, except on one occasion,
when driving to New Castle with Prothon-
otary Maxwell. the shafts broke aud the
horse ran the carriage into bank and
upset them. He drove over the road on the
night OF the accident.
The road was dangerous on account OF
holes, etc One OF horses saw the car and
shied at 1t which called his attention. to 1t.
The coach wheels struck soms obs tructions
which be supposed were railroad tracks.
Mr.. Bradford now cross examined. Wit
ness sail his horses SHE'D 90 that they al
most threw him over the BANK. Did not
recollect having saon any rails previous to
the night of the accident. a spring was
broken Ave or six weeks after tho accident.
Howard Hazel was now sworn. He was
on tie box with the Percival the night OF
the accident When the earrisgs lurchea
he grabbed hold Of ths rail about the seat
to hold on. Hs considered it dangerous
crossing. Had driven the gray mare beside
NAtAAiNA AAAEG ~ AtiAigH w A4lfAAAs- 4A4A
driven her single and considered Der good
driver. The mare had never shown any
wickednes5 at any time he drove her single
or double.
BE said on cross-examiuatio1 that there
was either rails or planking at the crossing.
A car was there.
Thomas Donahoe was next called. Had
crossed the crossing about an hour before
the accident and considered the road in
bad and unsafe con dition.
David Mcbride was the next witness.
He testified that he crossed the road the
night after the accident Il was in bad
condition, one track was laid.
On being cross. examined he said there
were banks Of dirt dumped on both sides of
the road
John Doran now.beiug sworn said that be
crossed the road often He considered the
the road dangerous He presumed that sbe
w. & N r. r. rolling stock was used in
the construction Of this cut of.
Mr.. Bird now read the act Of the LsRis-
lature authorizing the construction OF the
line Of road by the W. q II. r r. Co.
John Peoples. cashier Of the Central
National Bank, was now sworn, and testi-
fed to certsin details IN the act as read.
William Kinney. the surveyor, took the
stand to make q correction regarding the
width between the tracks.
Miss Ella 4. Began was now sworn. She
testified that che is related to Kyne's child.
After the iniary the child was unconscious
end remained 90 for three or four days
The child remained at her fathers house
fonr or FIVE weeks. The child seems more
fretful than before the injury.
Mrs Kyne was again called and testided
that the child seemed much changed in dis
position since the apcident William Kyne
also testified that since the accident the
child has been nervous and Eighty.
Dr. Howord Dsls now took the stand
He has precticed medicine for II or IS
years. He attended the family Of William
Kyne regularly. Nervousness could be the
result OF such an injury as the child sus-
tained. He has attended the child for
nervous prostretioD. At 10 o'clock court
adjourned until o'clock this afternoon.