Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-03-17
SUPERIOR coURr.
Trial of Sau,oUO Damage suit Against
w, & y, II. II.

luE hllt ubNtuuuHihs
The trial of tho $50, 600 damage suit
of Mary Aliro GreBswel WI. the vii
mington e. Northern Railroad Co., for
tho duuth OF her husband, George
Cressweli, a freight conductor, noar
Pigeon Point, April 18th, 1896, waa
nut OH trial before Bpeaial Jury this
morning, Tx Senator Anthony higgins
and A lbert Constable rerresentsd the
widow, and Lewis q. VnndegrifG and
Senator George Gray, tho railorad com
pany.
Potter Tyoeill, brakeman, testified
that they werp loading cars on bargeE
at Pigeon Point. whom Cresswoll was
caught between shifter and q box car.
While The witnpas was enGieavoring to
explain the situation as regarded the
engine antl car, Mr.. Vandegrift spoke Of
| having models and for convenience tho
models were brought into court They
represented tho draw head of the ear
and the swinging "bullnoso' OF tho
Hhifter. Tyecill explained the situation
| by means OF them.
Tyoeil was still undor direct ex
animation whom court adjourned Mt
o'clork until go.
At rho AFTERNOON session tho cross
examination of the witness Wy Mr.
| Nandogrift was nuaterly effort.
Friday morning Mrs Crosswell testi
| fed that sha wGa married to George
Grpsswcll in February, 1888, and that
thUy had two Children, both boyd.
Lemuel Sylvester, an engineer of tho
tim Wilmington g. Northern railroad,
gave testimony Oh tho subject OF bull
noses" on shifting engines.
Charles h. llougherty, an uuder
tnl;er. tcstitietl that in preparing the
body al Cruaswel FOR burial he saw a
rei mari. on the snail Of his back, tho
only evidence OF injury.
john Mctirath. freight conductor,
was sworn by Chief Justico lore, Pro
thnnrtary Wnolley being otherwise on
gagged at the timo. Mr.. Mctiratu lives
at No. 900 Elm slroet, aud mas been n
shifting conductor for about nix years
lilo was examined at length hy Mr..
Constable. lie tesiiiei that freight
crows usually consist of five men, Ell
gineer. fireman, conductor and two
brakeman, but that tho crew of tho
train on which Cresswell met his death
consisted only OF engineer, conductor
ana one brakeman. Tho witness went
into an explanation of "drawhars'
and "bull noses" and shifting work
generally, much Of his testimony heing
of technical nature. Speaking OF
] the merits OF "barhrads," McGrath
said he preferred the une with n swing
ing "bull-no for handling cars on
lIarges, for tho reason that the swing Of
the 'hull nose" makes coupling more
convenient.
, In tine cuurae of the examination,
Mr., Vnndegrift made objection on iht
. | AL. Il, ,t. -,
, leading questions and had been doing
so; to which Mr. Constable replied that
leading questions were admissible
unless objected to, Chief JuBtce lore
told him that he know very we'll that
, leading questions were inadmissible.
Mr.. Constable said tho other side
, might Object when he asked such ques
) tiOna.
! On cross examination by Mr.. Vande
! grift, McGarth said that crew Of five
was needed in tho freight yard because
! thero was go much work, SO man,
tracks. and tracks to he CROSSED, TO
curing flagman for safety and tina
1 both engineer and fireman he on tht
r engine; hut that out at Pigeon poin
r there wers no trains to look out fol
Y and the engineer could net as fireman
i thus making crow of three enough fo
: the work. At one time, when worl
was slack, ne had known Cresswpll ant
D tho engineer to comprise the who'll
+ crew. Cresswell had heen doing tina
work for years, did considerable
coupling OF cars and knew all about it
At the conclusion OF McGrath IS tssti
nony, Mr.. Higgins Esiied for some tim
n on account of tho absence of witncs
aud court adj inurnel lIttle earlier thai
(. usual, until O'Clock.
Civil Engineer William b. Carswel
# presented drawings Of some r., W. 4
n b. railroad cars at the afternoon session
l. Frederick g. ScUtt, b. & o. rail
o road freight conductor, was called l.
n show the kind OF appliances used b.
J, other companies than the w. 81 N. il
loading cars ON bargea at tho Il. Sc q
" railroad slip The defence objected
d Mr.. Constable snid ne would provo b
b the witness that the samo kind Of wur
# was done without the swinging "bull
nose," but the court would not allo,
q tho question. Tho witnsas describa
a draw heads and bull noHes - lilo sal
II the standard height of freight cars wa
3i1a inches from tho top of tina rail /
d tho centre OF the bumper
}, Mr.. Higgins offered in evidence til
Is act of Congress fixing the height Q
cars. 1t was admitted.
9 At Saturday mornings session Tyeei
+ WIS recalled tU explain the mode {
}, loading cars on barges at Pigeon Paint
n TINS barge is fastened to tho slip wit
a chains and when the car is put on tn
10 barge first sinks a fout or two at tn
M end, but soon rights. While this vii
10 ngss was on the stand sharp thrut
10 was made by Mr.. Constable at Snnato
7. Gray. Mr.. Constable in his concluc
to ing argument on question OF evidenC
cited case in another court and rea
from book. Mr.. Gray then asked
reply to the case cited and proceeded I
j. mako an argument, without criticiain
C. or mentioning the casa citod by Nj
id Constable. Whom Mr.. Constable arol
r to reply to Mr.. Gray objection WI
10 made, Mr.. Gray claiming ho had on
', risen to criticise the case citet
t. But" said Mr.. Constable, "yo
didn't mention the case l cited.
Whereat the members of the bl
laughed, enjoying the pulpable bit.
Thomas Il. White, a baltimore
Mt Ohio freight engineer, was called to @.
In plain how the H. & o. ahifter haudl
In cars undor Bimilar circumstances II
es court ruled the evidence as inalmi
n Bihle. on objection, but tho defen
\. afterwards Withdrew the objection
The Witness testiisd that tho shift
has a three hole drawhead for bar.
work.
81 Civil Engineer Carswell was the la
n witness for the plaintiff; which clust
ra about II. 40 O'Clock.
ng Tine argument for non suit occ