The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1899-01-05
MARTHA A. UASEVS THE-RAIAD


This suit has attracted much ttion,
because it has been tried e in
court, the first time occupyinI Ieek,
and the second time four and
also because Judge Herring Iersed
Judge Ikeler's ruling at the trial,
and granted new trial. first
time, it was submitted to thE who
found verdict of $4,000 Mrs.
Case for injuries to herself, $4,000
for Mr.. Case for loss of his Is ser
vices. The defendant leasons
tor a new trial, and Judge fr died
before the motion was argd and it
came up before Judge Hd, who
granted new trial as abobted.
There has been so muctltlcism
of Judge Herring's action Iefusing
to continue the case, and 6 direct
ing a verdict for the defenI, that 1t
is due to the court that opinion
filed on Saturday be publH so far
as 1t contains statement Iacts.
As to the refusal to dnue the
case on motion of the plaIfs coun-
sci, because Mrs. case wslck and
unable to be present, the hlon says:
"Six times, before and dd the trial.
Plaintiffs counsel, moved Il tntinue this
case on the ground that Mrs shse, one OF
the plaintiffs, was sick and Pile to attend
the trial. The affidavts andtimony as to
her physical condition showdha she was
suffering from 'severe or ense nervous
prostration"; that ever snca former trial
in February, 1898 these atf of nervous
prostration, although inter- rent, 'came on
her with renewed severity" at her condi.
tion snow is worse tha a ago. and her
diseases are of such a natuhat she "will
never get well"; that prets to 1894 she
weighed from one hundredd ninety to two
hundred pounds; that nowf is poor ema-
ciated creature, whom friends cannot
recognize"
DIR. Howard, her atteig physician, in
attempting to catalogue inhrmities says:
'She is suffering from cah Of the bladder,
enfeebled circulation of blood, nervous
prostration, constipation iarrhoea, indiges
tion, falling of the womhd uterine troub-
les"
1t was impossible to tss, even remotely,
when person thus affltd, might be able
to undertake journe from NJ chigan to
Pennsylvania to testify law suit. The
very fact that ever SIND S94 she has been
growing worse insteapf better, rendered
still more remote the hnce of her ever be-
ing we'll enough to atid the trial.
Defendants counse eesisted a continuance
on the ground that testimony of Mrs.
Case had been takeon two former occa.
sions; first on rule take her dispositions
and afterward, a ye5ater when she appear
ed at the trial. Onbth occasions she was
examined S,nd crs-examined at great
length and her teshony written out, that
taken at the trial cGring over sixty pages of
typewriter mattei 1t was urged that the
cases Of the plants could not be prejudiced
by absence of Mrscase, If her testimony, as
taken at a former lal, could be read IN evi.
dence.
To the Court teens that Mrs Case had
been given doue opportunity to testify tc
every fact within er knowledge, material to
the issue; and thf reading of this testimon,
in the present tri would fully preserve al
her rights.
The cases had dbeen pending for almost
four years, and hen called were the only
cases open for thl, all others having beer
settled or con Inued by consent of botf
parties.
For these redo the motion to continue
were over-ruled and after mature considera
tion we can discover no mistake in thos'
rulings.
STATEMENT OF FACTS.
One of the plaintiffs, Martha A. Case
bought railroad ticket at Hillsdale, Michi
gan, for Bloomsburg, Pennsylvania, over th'
Lake Shore and Michigan Southern Railroad
as far as Buffalo, and the Delaware, Lacka
wanna and Western Railroad from Buffalo Il
by way of Scranton. The ticke
was limited as to time and under the regula
tions of the Delaware, Lackawanna & West
ern Railroad was for one continuous passag
to Bloomsburg, without stop over privileges
1t bore on Its face this notice, ''No agent o
employe has power to modify this contract il
any particular"
The plaintiff reached Scranton at $3.50 il
the afternoon of August 2Sth, 1894. Th
next train for Bloomsburg was scheduled t
leave Scranton at p. m. Instead of wait
ing for this train, Mrs. Case within a fey
minutes after her arrival, took local train run
ming only as far as Kingston, an intermediat
station. AT Kingston she left this train an
took another for Bloomsburg at 6;55 p m.
Shortly after leaving Kingston, she says
she handed her ticket to the conductor an
said to him, "My ticket calls for Bloomsbur
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