Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1889-09-27
DEADLY GRADE CROSSING
EVIDENCE TAKEN ON BOTH SIDES
IN THE PARvlS CASE.


The Plaintiff Rests, and George V. Mas
sey, Eeq., Opens for the Defence-Tes-
timonY of the Engineer-The Bell Was
Rung.
At Yesterday afternoon s session Of the
Superior Court the hearing of evidence
for the plaintiff of the Parvis damage
case was continued Mrs. Paryis, her
daughter and several relatives occupied
seats within the bar beside counsel for
the plaintiff.
Martin Burris of Middletown. who had
surveyed aud made plot Of the Frog
town crossing, was the first witness. He
testified TO those facts, and gave evidence
regarding the distractions to view of
the track he was examined at length
in regard to the measurements and dis.
tances.
James I. Shallcross, recorder Of deeds,
gave evidence regarding the distractions
and 81 escape from being struck by a
train at the crossing, the approach Of
which could not be seen. Henry q.
Whittick, who was with Mr.. Shallcross
at the time, also testified to his escape.
Joseph A. Daniels testified to a
narrow escape from being struck
by train, but ia the cross
examination, Mr.. Massey damaged this
evidence Alexander Metten, Josiah
Rockwell, Wilmer O. Pennington and
Dr. William e. Pierson also testified to
narrow escapes from being struck By
trains at the Frogtown crossing. Dr.
Pierson in addition testified TO the physi.
cal condition of Dr.. Paryis Just before
his death.
h George NJ. D. Hart gave evidence re.
garding the value Of Dr.. Paryis's estate
and Mrs Parvis the plaintiff. was put on
the stand to testify to the liberal man
ner in which her husband had provided
for his family, and to their present
Strengthened financial condition.
Court then adjourned until this morn
ing.
The Defence Opens.
At this mornings session of the Super
Tor Court counsel for the plaintiff in the
Parvis damage case, rested their evidence
after Mr. Constable had read from the
tables OF expectation of life, used BY life
insurance companies. to show how long
| DR. Parvis might have been expected To
live. a period of about twenty years
George V. Massey, Esq, then opened
for the defence in a brief concise speech.
He stated that the ground OF the defence
would be contributory negligence. The
| defence woul1 prove that the proper
warnings were given, and that DR.. Par.
Wis, being preoccnpied his mind being on
other matters, did not take proper notice
of the warnings.
The first witness for the defence was
Bradford Murphy, trainmaster of the
| Delaware division, who testified to the
distance between Mt Pleasant and Mid
dletown and the schedule time between
the two places.
James s. Grubb. engineer Of the loco
motive that struck DR. Parvis. testified
that the bell was rung by the fireman a
usual. That his train was running abou
thirty five miles an hour, and he FIRST saw
the horse stepping on the track. whel
the engine was within fifteen or twent,
feet Of the crossing. Then b
used every means at his comman
to stop the train, and did s
in distance Of about 200 Yards 1t wa
q good stop. This witness also gave evi
denee as to the finding Of the body Of Dr.
Parvis and Of the horse. Mr.. Constabl
put the witness through a most search
ing examination and he wa
on the stand in all nearl,
an hour and half.
William Ryan, fireman OF the locomo
tive that struck DR.. Parviss carriage
testified that he rang the bell from
point beyond the bell post until tn
train stopped and was also cross ex
amined carefully.
Mrs. Flora NJ. Daily who drove acros
the track with her husband Just befor
the train passed, testified that she hear
the bell Of the train after they ha
crossed the track She was put throug
searching cross-examination in he
turn, after which court adjourned unit
o'clock this afternoon.