The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-04-14
REVERSAL FOR
DIXON AND CUFF
Deprived Of Their Judgments and Mus
Pay Costs.
A TERRIBLE ACCIDENT RECALLED
six People We're Killed on a Railroad
Crossing and the Surviving Members
of the Family Recovered Damages,
But Lose Them on Appeal

BY decision OF Judge smith. of tn,
Superior Court this week the Judgments
have been reversed in two of the most
interesting cases that have occupied the
attention of the people of this county. They
are the suits of Michael Cuff and Martin
Dixon against the township of Butler, based
upon terrible accident that occurred at a
Reading railroad crossing about thirteen
years ago. The litgations have been pend
/ ing since utby Judge Smiths decision are
apparently set at rest for all time.
The accident caused great excitement at
the time Of the occurrence and for a long
/ time after was referred to in warming drivers
about approaching railroad crossings but the
lapse Of SO many years has caused the ma
iority Of the people to forget the facts and
recital of them in connection with a brief
history Of the suits will not fail to be inter
esting
On the Sth day of August, 1884, a party,
who had been attending a funeral at Girard-
vile, started in three double carriages, about
the middle of the day, to return to their
homes at Lost Creek. On the outside seat of
the closed double carriage in the lead were
the driver, William Reddy, and Martin
Dixon, and inside were Sarah Dixon An
thony Dixon, Honora Dixon, Jane Dixon,
and John Dixon, the wife, father, aunt.
sister and infant son, respectively, of Martin
Dixon and Mary Cuff, the wife Of Patrick
Cuff
About three quarters of mile east of
GiHrdyille, the public road, leading from
Girardville TO Lost Creek, crossed a branch
Of the Philadelphia and Reading Railroad
near the old Connor colliery, now called the
Hammond, and the crossing is known as ths
'Connor Crossing" The carriages were
going in an easterly direction towards the
crossing, and one hundred and twenty feet
west of the crossing there was a large signal
board standing between the railroad and the
public road with the words Look out for the
engine and cars" upon it. When about sixty
feet from the crossing, some boys who were
standing ON the breaker trestling over the
crossing, called the attention of Reddy and
Martin Dixon to train of coal cars, pushed
by an engine, approaching from the west
Immediately the horses became restive, and
the driver, leaving his seat, attempted to hold
them, while Martin Dixon, who had been sit
ting alongside of the driver. took the reins
and attempted to aid in controlling them. The
horses broke away f.om the driver, and run.
ming along the middle of the road, dashed
into the coal train, which was then passing
over the crossing. The horses were
dragged ard the carriage broken to
pieces, those inside the carriage were
either instantly killed, or so badly in
iurcd that they died in short time. Suits
for damages were instituted against Butler
township on the ground that it was the
duty Of the township to safeguard the public
by erecting overhead, or underground cross
ings at tie place, The township discaimed
such a duty. The cases were tried before the
late Judge Green at Pottsyille in April, 1883,
and Patrick Cuff secured Judgment for
$500 13 and Martin Dixon for SOs3 81 The
township appealed and last December the
cases were argued before the Superior Court
Under the decision now rendered by that
court Culf and Dixon lose the judgments
awarded them by the jury in the lower
court and must pay all costs which amount
to several hundred dollars.