Delaware gazette and state journal., 1899-11-23
SPRINGER DAMAGE SUIT.
The Trial Begun in the United States Ci



A. Springer against the receivers of
the B. & 0. Railroad Co. was begun in
the United States Circuit Court, before
Judge Bradford. Friday. Anthony
Higgins of this city and William
Harvey OF Delaware county, Pa, APP
peared for tho plaintiff and Levi G.
Bird and Andiew E. Sanborn for the
defendant.
Tho jury drawn TO try the case was
az follows: Elwnod G. jackson, Peter
A. Horty, Franklin j. Murphey, John
j. Gallagher and John o. Lambson of
this city, Joseph T. Chandler OF Chris.
tiana hundred, Joseph Ii. Caleb of
White Clay Creek, Henry E. Maybray
and William ID. Venn of kenton, George
M. Fisher and Joseph s. Burchinal OF
North Murtlerkill and Thomas II.
Joseph of South Murderkill. William
tor OF the Baltimore g. Philadelphia
Railroad Co. John w. Lawson and |
George j. Finck of this city and George |
II. Call of Cedar Creek hundred were
challenged by the plaintiff and William
H. Mccoy of New Castle by the de-
fence.
The case was an action to recover
damages for the death of John A.
Springer, Jr., scn of the plaintiff; also
the death of horse and damage to a
wagon. Attorney Higgins, in present.
ing the case to the jury, said between
8 and 6 O'Clock in the afternoon. Oc-
tober 25th, 1897, while John A.
Springer. Jr., 13 years of age. was
driving his fathers milk wagon on a
private road across the B. & o. railroad
at point between FELTON, and Upland,
in Delaware county. Pa, north
bound express train struck the vehicle,
instantly killing the boy and horse and
wiecking the wagon. He asked for
damages for the loss of the services of
| the boy to his father; also, for funeral
expenses, the loss of the horse and
damage to the wagon.
George A. Stillwell. aged 13 years, of
| this city, the first witness. said on the
day of the accident he was with young
Springer. They left the latter's home,
Fourteenth street and Edgmont ave-
nue., Chester, at 3. 40 O'Clock in the af-
ternoon, and went to Mr.. Larkin's
for milk. On returning locomotive
| struck the wagon as it was crossing the
| tracks, and at the same time the
| whistle was blown twice. Witness was
out on the step of the wagon, but did
not see the train approaching. He was
thrown against telegraph pole, but
was not seriously injured. As soon as
he recovered consciousness he looked
around for young Springer, and not
finding him thought he had driven
home horseback. Later he saw the
bodies CT Springer and the horse. Wit
ness said the engine that struck the
wagon was No. 1913 Witness had been
driving over the same route fof year.
On cross discrimination, witness said if
he had looked down the road he could
have seen about mile, but he looked
the other way and it was southbound
tIain that struck them. They never
met the train there before. The cur
tains of the wagon were down and the
atmosphere was foggy.
| Edward A. Howell,a "a Chester attorney
and civil engineer, exhibited two pho
tographs of the crossing which he had
taken and plar Of the crossing,
which were admitted in evidence,
In the United States Circuit Court
Friday afternoon the trial of the
damage suit OF John A. Springer vs.
the receivers of the Baltimore IL Ohio
Railroad Co. was resumed. Edward A.
Howell, a Chester civil engineer, ex-
planned plot of the scene of the acci'
. dent in which Mr.. Springer Is son was
killed. William W. Green, also o.
| | I06SGbF, pdrL UWutT Vi but
jacent to the railroad crossing, said or
the night of the accident the atmos
phere was foggy and it was difficult tc
, see approaching trains. James w.
, Bowers, tenant of the farm, said on :
! dark night it is difficult to tell at the
crossing whether train is approaching
or standing on the switch at Feltor
station. Horace j. Larkip, who LIVED
on tho property when the accident oc
, CURED, heard two whistles and crasf
! Immediately. John A. Springer, tn,
q plaintiff, said his son had been goins
i to Mr.. Larkin's place for milk SOM
Q time.
I All Saturday mornings session wa
consumed in. arguing the point as II
8 whether tho plaintiff had right to
prove the loss sustained by the fathe
in the death of his son, in the absenc
b Of definite amount of damages in tn
allegations. The father claims that h
o is entitled to be paid for the value Q
O the services of the boy from the tim
a years of age, hence the point, whiol
a was raised by Attorney Bird.
: judges Gray and Bradford were O
n the bench in the United States Circui
9 Court Monday, when the hearin
/ of the damage suit of John A. Syringe
= of Chester, Pa, against the receiver
q Of the Baltimore & Ohio RAILROAD Go.
v was resumed. At the close of Satul
n davis session the attorneys wer
e arguing the point as to whether tn
& plaintiff had the right to prove wha
n damages he thought he was entitled t
e without having specified in hi
j, allegations what he wanted damage
% for.
J. At Monday mornings session Judg
/. Bradford handed down the deoisio
ir of the court. He said the allegation
a were net specific enough, but pei
10 n1itted the Plaintiff to file an amend
" ment, whereupon Anthony Higgins c
,r counsel for the plaintiff filed a
l. amendment to the mar setting fort
Ie that the plaintiff wanted damages fc
If the loss of the services of his son fc
3. the period from the time he was kille
Il until he would have been q years {
Is age also for funeral expenses, the les
ia OF the horse and damage to his wagor
,e The amount of damages asked for
40 the bill was 500, 600.
"a Levi G. Bird, of counsel for the dt
of PENDANTS, said he was willing to go Q
n with tho case and Mr.. Higgins calle
q John A. Springer. the plaintiff an
ii father of John A. Springer, Jr.. th
d boy who was killed. Mr.. Springt
to testified that he estimated that h
sons services, had the latter livet
10 would have been worth 81, $50 to hin
Is in addition to his maintenance an
le clothing, figuring on this basis: III
in hoy was between IL and 13 years OF as
,,Ln,, ba woc lxillad His father est