Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-04-07
The E0RHiHG APPEAL.
The Official Payer of Ormsby County
SUNDAY APRII! Z
A. That wasn't very deep.

A. That wasn't very deep.
q. How deep was the snow in the
country adjacent TO the opening OF the
culvert, on the level?
A. 1t was between four and five
feet / should Judge
Q. 1 wish you would describe the
appearance of what you call this ele-
walton, or deposit of snow near the
opening of the culvert.
4. Well. on each side OF the track
there is a rounding where the snow
apparently fell on the track. that is it
was showed off by the snow pillow
should judge.
Q. Did it have the appearance Of
a snow drift or a deposit from the
track?
A. 1t had the appearance Of being
showed off the track
q. State whether it was loose or
compact or..heavy?
A. 1t was kind Of compact.
The above is the plaintiffs testi-
mony from short hand notes Of the
case, vouched for as correct by plain
tiff's attorneys. The defendant fur
nished the APPEAL with no short hand
notes of the case other than those pub
lished on Thursday. The following
lie Judge Hawley's decision, aud
printed in full, as it deals with
kind of accident which has no
precedent in the annals OF damage
suits on this coast
In the Circuit Court OF the United
States, Ninth Circuit, District OF Ne
vada
JOHN c. TITUS,
Plaintiff.
SOUTHERN PACIFIC COMPANY.
Defendant.
Decision Of Hon. T. P. Hawley,
Judge, on defendants motion for an
instruction to the jury to render YER
dict for defendant
THE COURT: Gentlemen of the
Jury, it is proper that | should state
to you that when you are excused day
before yesterday you were excused for
the purpose of having legal ques-
ton submitted 70 the court and, not
knowing what disposition was to be
made of it, it was preferred by the
Counsel and the Court that the dis
cussion should take place during your |
absence so that it might not have any |
influence with the jury till the case |
should be finally submitted to them. |
At that time motion was made by |
the Defendant for the Court to in |
struct the jury to find a verdict for the
Defendant. The motion was over
ruled for reasons which We're then
stated by the Court, and at the close
of the testimony yesterday. when you
were excused. the same motion was
made by the Defendant upon the
whole of the evidence in the case, and |
it becomes my duty this morning to
dispose OF that motion.
l ask the jury to pay particular at
tention to what | may have to say, as
it will probably save some trouble in
any specific instructions TO the jury
hereafter.
The Defendant has fled a written
motion requesting the Court to in
struct the jury TO find n verdict for
the Defendant l shall not stop to
read the grounds upon which the mo-
ton is based, as they are familiar to
Counsel: nor do l intend to discuss,
in length at least all OF the questions
Or any of them that have been ten
1ered. but shall content myself with a
brief statement which will give to
Counsel the benefit of whatever views
which I personally entertain in re-
gard to some of the points that were
discussed.
III this case should be submitted to
he Jury, it would be their first duty
o determine from the evidence, under
he instructions of the Court. whether
{ has been shown that the Defendant
las been guilty OF any negligence what
yer; whether it has failed to exer-
ise due care i'm running its Snow
lows over its road and over the cul
ert in question, and, by the want Of
uch care and diligence, caused the c
injury which the plaintiff received. '
I this question should be answered
n favor of the Defendant. then it :
Iould not be necessary for the jury to 9
onsider the other questions, as it a
Iould be their duty to find verdict d
q favor of the Defendant. u