Bridgeton pioneer., 1892-06-23
INTERESTING CASE.
w. W.FOx Sues for Damages from
an Alleged Careless Driver.


Fox against David Ostrow-a suit for
500 damages done buggy and horse,
caused by runaway, alleged to have
been due to the careless driving of o.
trow, the defendant, was heard be-
fore Justice Wells and G. twelve men
jury.
The testimony of Fox was that o.
trow hired horse of Fox TO go to
Bradway's station, saying he was q
careful driver. The next day he heard
the horse had run away and done;con
siderable damage. Mr.. Fox said the
horse was gentle and had never run
away before to his knowledge. Mr..
Fox said that he estimated his dam
ages were considerable more than 800.
Mr.. Fox said that Ostrow had twice
offered to settle the case by the pay
ment of $35 for damages. Fox said
before the injury he had refused $13O
for the horse, and now he would ac-
cept $50 for him to day.
DR.. Tremaine, the veterinary sur.
geon. said he was called to attend the
horse and found him suffering greatly
from bruise in the right shoulder.
He said that the horse may get we'll
but it would take long time. The
horse might never get well, but he
did not think anybody could tell. The
surgeon said he had driven the horse
and found him perfectly gentle. He
thought that $50 would be big price
for the horse now.
Harris Brout said that Ostrow auth
orized him to settle the case with Fox.
He was told to settle the case for $50,
but Fox refused. Ostrow then told
him to buy the horse for $75 and give
Fox $25 damages, and Fox said he
would accept these terms, but Ostrow
backed out, and the case was not set
tied. Ostrow's friends had seen Brout
recently, and offered him an induce
ment not to appear as a witness.
During the cross examination Mr..
Porch endeavored to tie up Brout,
but the Polander rather got the best of
the young lawyer, and put the laugh
on him.
Robert Smith said he lived at Rosen-
hayn, and was telegraph operator at
Rosenhayn station, He witnessed
the runaway accident. He said he
saw the rig coming down the road,
the driver having his whip out, the
horse running, while the driver appar-
emily was making no effort to guide
the animal.
Clark Elmer, of Fairton, gave testi
mony that he was we'll acquainted
with the horse figuring in the accident
the formerly owned the house and
knew him to pe kind sound horse.
Mr.. Elmer. valued him at $3.50.
George Sutton, a hostler, testified
that he was formerly in the employ of
Mr.. Fox, and was intimately acquain-
ted with the horse, knowing him to be
kind, gentle horse, and it had fire.
quently been hired to women and no
accident had ever befallen it before
Thehorse had been frequently hired
for funerals.
With this witness the plaintiff req
ted his case.
Mr.. Porch, made a very elaborate
opening for his client, the defendent.
He spoke more than an hour and
finally he called the defendant Astrow
to the stand. He said he hired the
horse of Fox, an the 18th, to go to
Broadway station. While going he
found the horse to be perfectly gentle.
The next day, he started to Bridgeton
and after the horse had got short
distance on the road he was fractions,
and the witness had great trouble
with him. When the horse reached
the Rosenhayn road the animal star.
ted with run and then dog belong
ing to Rosenhayn people ran out and
the horse was more frightened, and
the drummer lost all control of the ami
NAL, and moment or two later a col
lision occurred and Astrow was
thrown out, and knew nothing more.
He said he was in bed over week af-
ter the accident, and is still suffering
from the result of the accident. This
defendant denied that he ever author
ized anybody to settle this case.
At this point gentleman from
Rosenhayn was called to the stand.
He said his name was Simon Gerson
and he was a speculator. After the
accident he said he offered Mr.. Fox
$50 for the horse, but he did not take it
Mr.. Fox spoke up and said to the wit
ness "Well you can have him YETI
"Is he for sale at that price now, Mr..
Fox?" asked Mr.. Porch.
HE is," replied Mr.. Fox.
"All right" said Mr.. Porch, "pll
take him." and he produced a pocket
book containing roll of bills. Twill
the Court allow recess while / make