The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-17
SUIT FOR
DAMAGES.

When the United States Circuit
Court convened this morning at II
O'Clock all the jurors. were in at
tendance. Messrs Bird and San
born announced that they were
ready to go to trial in the case of
Springer VS.. The b. e. o. Railroad
Company. In reference to the Harris
case Judge Bradford announced
that Judge Gray was absent and
that MIR. Hills who represents Mr.
Harris was engaged in the Superior
Court. He submitted a letter from
a Wilmington physician to the eff
feet that the condition of Mr., Harris
health was such that it would be
unsafe to cause him any excitement
at this time. 1t would be wise to
discharge the jurors not empannell-
ed until some future day. Then it
could be seen in the meantime if Il
certain date would suit Judge Gray
and the counsel.
Mr. Higgins motioned for the adj
mission to practice of William
Harvey of the Delawar County bar.
The court ordered the jury to be
drawn. William NJ. Candy was eX-
cused.
The plaintiff challenged John W.
Lawson, George ]. fFinck, George
H. Hall and the defendant William
H. Mccoy.
The following are the members of
the jury: Joseph p. Chandler, Joseph
S. Burchinal. Joseph H. Caleb.
William f. Venn, John 0. Lamb
son. Henry e. Mabery, John ].
Gallagher, Franklin J. Murphy,
Thomas H. Joseph, George M.
Fisher, Peter A. Horty and Elwood
{. Jackson.
Mr. Higgins in opening said that
the case was one for the recovery
of damages for the loss of life of
John A. Springer, Jr. The plain
tiff is John A. Springer. of Chester.
On October 26 1897. while crossing
the defendants $ tracks near FELTON,,
Pa, the horse was killed and the
wagon and harness were broken.
The accident happened between 5
and + o'clock on the afternoon of
the dav mentioned. The lad who
was killed was 13 years of age and
with George Stillwell another boy
was driving from the farm of Mr..
Larkins to the Concord pike with
several cans of milk. The crossing
where the accident happened was
a private one. There is no public
road going to that house but this
crossingis used by people trans
acting business at that place. The
train was going at the gait of near
ly 90 miles an hour. Before cross
ing the track the boys stopped to
listen for the train and looked as
far as was possible. 1t was a
night that was stormy. 1t was
misty, rainy and stormy and there
was no bell rung and no whistle
blown.
George A. Stillwell was the first
witness called and in answer to
Mr.. Higgins testified he was 13
years Of age on August 9th last,
He resides in this city but was in
company with young Springer on
the day in question. They went to
Larkfns place and came towards
the railroad, They stopped and
listened and then droveon and were
about half ways across when he
heard two toots of the whistle and
then were struck After the acci-
dent he thought the other boy had
gotten on the horse and rode off.
It was foggy and raining at the
time. He understood that the en-
gine that struck the wagon was
1913.
no Mr.. Bird he stated he was eX-
amined before the coroner's jury in
this case, but could not remember +
having testified that they had not
stopped.
William e. Howell testified he re-
sides in Chester and is a civil engi-
neer and member of the bar. He
took photographs of the crossing.
He produced scale showing that
where the wagon stopped was 46
feet from the south bound rail.