Daily Republican., 1889-10-01
aud the plaintiff cannot recover In this


0. Thatif the jury shall believe from
the evidence that no sufficient signal was
gives either BY whistle or bsll OF the ap-
proach OF the train TO the Frogtown
crossing and that the defendant COM
papy failed OF its duty In this behalf, yet
II they should be satisfied also from the
evidence that tho deceased was familiar
with tho crossing and that II he had ex-
| erciseu due care and caution IN ap-
proaching the same, and had looked
north towards the phosphate factory
from point 1ii feet distant from the
crossing, or from the bridge or
from other points between these and
tho said crossing, tho approach.
Ing train could have been seen by him,
go that the collision could have been
avoided. he was guilty Of contributory
negligence In driving upon the south
bound track In the manner d'selosed by
tho evideL4e aud the plaintiff cannot re-
cover.
2. That n the jnry shall fpd from
the evidence that Dir. Parvis was familiar
with the crossing at Frogtown and It's
| surroundings, aud that the train which
co lided with his carriage was a regular
train (Which had been ior considerable
time running) aud ON or about its sche.
dule time. II was bis duty carefully to
look and listen Tor said train at the Iar-
| ticular place or places In the public high
way approaching said crossing, where the
| senses of sight and hearing would have
been most awaiting, and II the Jury shall
further tind from the evidence that there
was point or points in such approach
whence DR.. Paryls by looking cou i have
seen or by listening could have heard the
approaching train, aud thereby have
avoided the accident, he was guilty OF
conttibutory negligence, II he did rot SO
look and listen, or II TO so locked aud
listened and either saw or heard the ap
preaching train and attempted TO cross
the track instead Of waiting for the train
to pass. he was likewise guilty OF con
iributory negligence and the plaintiff 4.
not entitled to recover regardless OF the
rate OF speed at which the train was NOV
ing at the time as disclosed BY the evil
dtSce, and whether or not any tuiiicien
signsl or bell or whistle of its approach
to tho crossing was given.
y. That by the statute OF the State O
Delawsre, "a force nj the Tins oil the a cg
dent, 1t was provided as follows; "Tha
from and alter the passage OF this ae
every engineer. or any person engaged IL
running any locomotive engine on Gnl
RAILROAD within the State shall be, aud hl
is hereby required when any such engin
shall approach publ: highway crosEin,
such railroad 10 signal the auptolch o
such engine 10 sueh csos.iag ty toundrl
Two long blasts followed uy two shof
blasts oi lie steam VII slle at least 3Oi
yards from such crossing Or by riulin!
the engine bill eontinu us'y until sue!
crossing snail be passed, Commencing a
lrast 800 yards III ataut lhrreiiom.p An.
II The jury sha iiud from the cyilcAc
that tpo cug.ne hell was ruug on tle en-
gige which cnlilsl With the carrileI
~ DR., rarvi5 IA Eccur lance with The re
quiteuuAtg o; sal s'afutr, the dgiouda an
rompany WAS not negligent IA $50 signal
lug the aplfoach Of such Train to Fro
town crogsns, ami IN dstarHll!ng IA
J fact ue 10 the lHgiHg Of Tie bel, gyeNe
! " ight muat be given TO the positive tfsii
muny Of wltn.safs, II the Jury bClley
tGolr ttstmaUy, wHa uSilf ihat tlc,
heard tHu h1ll tr.u 20 roe negative tgbht
m9uy OF win sse, who merely tss'iAe,
thai thss did 10 hcaf 10.
Hr. Massey then continued lis ar-u
'nclt tn Sac Jury. Grd Nsa siill Fpeakiui
! lt o p'eip-k, wren recess was take
ultil Ju'clgch tais morning.