The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-13
NEGLIGENT COMPANY.
JURY IN THE BURTON CASE CON
DENNIS THE UNION PACIFIC.
Evidence All One Way on the Es-
sentinI Points of the Testimony
a Digest of the Statements Made
Mt Yesterdays Inquest.

The inquest over the remains of w.
L. Burton yesterday demonstrated
that the Union Pacific company has
not used proper care in the preserVa-
ton of human safety at the crossing
where Burton was killed. 1t demon
strated that the employees were en-
gagged in ''kicking' cars across the
wards which is a violation of railway
rules
The jury found the railway company
was negligent in not using due eau
ton and care.
Fred Dennis, Frank Shelly and F. A
Horn were the trio who sat in JudS-
ment. A great many witnesses were
examined with the result that tHe
manner of death was established Wllh
little or no variance. On location IIle
jury wanted light and adjourned TO
| the yards TO examine the ground
| While there the members and others
had a narrow escape from being run
down by train themselves.
A digest of the evidence adduced at
the hearing is here given. There was
nothing of the sensational IN the teStt'
mony. r. D. Winters and Jonn ~
street, esq, of counsel for the widow
/
with the attorney for the company
and stenographic notes were taken Oh
| the evidence.
( Edward Lawrence, one of the eye
witnesses of the disaster declared that
he had shouted to Burton to look
out" When he saw the buggy 1t was
moving toward the track at quite
rapid rate The car was not moving
very rapidly, although the witness
Z inc WAS
travelling Lawrence did not see
! light nor a brakeman on the car. ne
details of the tragedy were related III
much the same manner as described
in The Herald at the time.
/ Swftchman Hodgman's evidence
corroborated that of Lawrence in d
great many particulars. When we
turned from throwing sWltch ne
noticed the buggy and yelled for the
occupants to stop. The horse came on
( however. although he did not per-
ceive that it was beyond con
! troll. He signalled the engineer,
! but as the car was detached
| this action was Of no avail
! The horse plunged and got in front Oh
the car The witness said 1t was ilCl
/ customary to kick cars across the
street, unless an employee was III
I charge or someone on the crossing 10
warn approaching vehicles of whatever
danger there might be. He did not
see any red light or brakeman on the
/ car.
According to the statement of the
witness. there is a fagman at the
I crossing during the day but none IN
1 the night The witness thought ms
warming would have been sufficient
! under ordinary circumstances. He dld
not think the horse was unmanageable
when he first saw it-at least 1T did
not seem to he so.
/ Ernest Burton, the little 12-year-old
son of the dead man, recited the story
{ of the accident in a graphic manner.
/ The little fellow was not quite clear on
some points, but then the happenings
were such that a lad like him could
not be expected to- remember all. His
evidence on the main points was clear
and his narrative a pathetic one.
Orrin Morris heard some one cry
stop" when the surrey was seventy
| five or a hundred feet away. The car
was detached from the engine.
Engineer Buttle said he reversed his
engine, an act his fireman cOrrObOr-
ated.
Charles R. Simpson said he saw no
/ light or man on the car; heard some
one cry, Look out"
At the conclusion of the testimony.
the jury returned the following verdict:
THE said jurors, on their oaths, do
say that the said W. L. Burton came
/ to his death on the 10th day of Octo-
Der. 1895. by being crushed beneath a
railway car, operated by the Union Pa
! cific Railway company. while attempt
ing to cross the track of said company
on North Temple street near Fourth
West street.
I'VE further find from the evidence
that due caution and care were not
exercised by said company to make
said crossing safe for the use of the
public"