Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1897-05-13


pig gate to take in the lunch; had often
seen Mr.. Shoemaker and Mr.. Bassett
there, and had also seen boys take lunch
In; when he passed through the gate it
fell in on him; he did not touch it; he
couldn't get up because his leg was
broken; he was picked up and carried
nome; suffered very much; his leg was
hurt worse, and continued to hurt him
ever since; he cannot run and play like
he used to; he said his head hurt with
sharp pains in his forehead where he was
cut.
ION cross examination the boy said that
ne was just going past the gate when it
fell down on him.
Mrs. Painter said she helped carry the
boy home on the day of the accident and
saw his leg was broken and he was bleed
ing. --.r
Jonathan Gaunt the next witness, said
he had noticed the condition of the gate,
that it was in dangerous condition and
| he had spoken to Mr.. Ayars, the yard
boss about it; had seen boys and girls
| bring lunch in there to persons.
Judge Thompson took this witness in
| hand and asked him when he first
discovered the hinges on the gate were
bad. He said the day before the boy was
hurt. He called the attention of the mat
lter to no one else but Mr.. Ayars. He
first knew of the accident the next day
about four O'Clock. Witness said he was
mot in the employ of the Cumberland
Glass Company at the present time.
William Clark testified that the gate in
question was hanging on one hinge in
February the day before the boy was
hurt. t..- .-,-
at the place at the time and as he passed
through he noticed the dangerous condi-
ton of the gate, but said nothing about it.
Mr.. Jonathan Cornwall did not seem to
know much about the case when called.
The case did not last long, a few more
witnesses showing that Fitzpatricks TAX
ing of dinner was following a custom of
long standing among people employed in
the glass works, and Judge Westcott re-
nlarke That's our case"
| Immediately Mr.. Bacon moved for a
non-suit, based upon the four following
reasons: s~f ,,.t,sis, t- Or rT -r-r
1-Because plaintiff has not proved
title in defendant. - c 1a4t
2-Because defendant owed no legal
duty to plaintiff.
because there is no evindence OF
the part of plaintiff showing negligence
on the part of defendant. sts.
4-Because plaintiff negligently con
tributed to his own injury.
Mr.. Bacon argued these four PROPOSE
tions from legal standpoint, but Judge
Ludlow over-ruled the motion for a non
suit.
The defense did not deem it necessary
to put any testimony before the jury, an6
Judge Thompson, who was with Mr.
Bacon in the defense, made a very few
remarks to the jury, and was followed b!
Judge Westcott for the plaintiff. Th,
latter made his argument in his usually
vigorous manner, but went considerably
out of his way for the purpose of person
ally attacking Mr.. Bacon, counsel for tn,
defense.
Judge Westcott is at all times a maste
OF the keenest satire and cutting sarcasm
Evidently the pugnacious Camden law
yer had some grievance against Mr.
Bacon. other than anything growing on
of this case. The language used was tn
sensation of this term so far, and it il
seldom that lawyer is permitted to thu
attack another in open Court.
! fIn Il A.,
opportunity of closing the case it was no
taken advantage of, and Mr.. Westcott'
personal remarks and other argument
were left unanswered
After the charge by the judge the jur,
retired and the next case was called.
This case was followed by the Suprem
Court issue of Robert A. Harker agains
the West Jersey and Sea Shore railroa'
company. Messrs. Trenchard and West
colt were for the plaintiff, while MI
Bacon represented the railroad company
The case grew out of an accident il
December, 1896. Harker's horse with
wagon, was left on Harrison street, an
becoming loosed wandered away an
finally drifted on the railroad track of tn
West Jersey. The animal ran some dis
tance on the track, was finally picked u
by locomotive, and killed. Harke
wants the company to pay the bill.
While Mr. Harker was upon the stan
Mr.. Bacon objected to several questions
and then Judge Ludlow remarked this
the best thing the plaintiff could do wa
to make formal motion to prove thei
, case. This was done by Judge Westco
and the court promptly non suited th
case.
, No. 6 was called, it being the case
Cecilia Bartlett against the South Jerse
Traction Company. Mr.. Bacon, for tt
company, said he was ready, but M
f Logue was not present and Judge Ludlo
, ordered the case off and said the first
, the railroad cases would be brought u
) Tuesday. Court then adjourned.
f The jury in the case of oliver an