Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1899-06-01
May Term of Court.

When our report closed last Thursda'
morning. the case of Anspack vs. Kenipl
was being tried before Circuit Court Judg
Miller and jury. The case was completed
about noon. and the Jury rendered verde
for the p aintif
The trial of the case of George West
contractor, Us. William Brooks, followed
and was completed on Monday. Yves
claimed balance of 1865, for repair
ing residence for the defendant. The
defendant claimed that the work had not
been completed according to contract. The
jury gave West $279 o.
SUPREME COURT ISSUES.
On Monday the trial of the case Of
Burton Smith VS.. Edward r. Wood, wat
begun before Justice Garrison. Westcott
for Smith Armstrong for Wood.
The plaintiff on the witness stand al.
legged that he exchanged properties with
the defendant, with certain money con-
sideratiOn, on the representation of the
defendant that the property taken by the
plaintiff in exchange was free from en-
cumbrance The plaintiff further testified
that be had paid about $1,000 on the
property, when he discovered that the facts
UdQ OtCu i4lolCtkCoCntC0 W AAu1s 4 AC
plaintiff attempted to show that there was
fraud perpetrated by a Misrepresentation
of the facts, aud that Smith, by the alleged
fraud, was bereft OF the property. The
defence entered an objection on the ground
the agreement or contract must be in
writing, and that the records are the best
proofs. Justice Garrison held that the
plaintiff could not prove the contract other
than by writing The plaintiff closed the
case with the introduction of testimony, to
show that, by reason of a Judgment OBJ
tanned by the Yineland National Bank,
Smith lost his property. The defense asked
for a non-suit, on the grounds that the
plaintiff had failed to show that the cover
ant of the deed had been Violated, which
was granted.
The suit of Charles F Foster, admins
traitor of John F. Packer, deceased, against
the West Jersey and Seashore Railroad
Company. was. next called.
The plaintiff produced evidence to show
that Packer was killed at the crossing near
Malaga, by train on the defendant COM
pany's road, in July, 1897, while driving a
team Considerable testimony was adj
duced to show that the crossing was a
QduECtOUc fUC5 llOu1 AuC AdCt
that view of the train was impossible
from certain points on the road until almost
upon the tracks A number of photo
graphs, taken Tor the purpose of showing
the distinctions to view, were offered in
evidence The plaintiff only produced one
witness to testify as regards signals given
by the train, and she testified that she did
not hear the bell or whistle. Judge Gas
kali, counsel for the railroad made motion
for non-suit on the grounds that the
plaintiff had failed to produce any positiv G
testimony showing negligence on the part
of the company that if Packer had heen
alert be could have avoided the accident,
and because he was not careful he was
guilty of cOntributory negligence. Also
that the testimony established the fact
that there was clear and uuobstructed
view for a distance of thirty or forty feet
on the road from the track
Justice Garrison refused the motion for
a nOn-suit, and the defence then examined
seven witnesses to show that the proper
signals were given before the crossing was
reached. Judge Gaskill then requested
the Court TO instruct the jury to find a
verdict for the defendant company, be-
cause of the clear weight of evidences
showing diligence on the part of the com
pany. Ex-Judge Westcott argued forcibly
against taking the case out of the hands
of the jury, and declared that it was the
province of the jury to test the cIedibility
of the witnesses Justice Garrison held
that the plaintiff had not positive evidence
that the signal was not given, while the
defendant had produced seven witnesses
who were positive the engine bell was
ringing He instructed the jury to find a
verdict for the defendant company, and ex-
Judge Westcott announced that he would
carry the case to the Court of Errors.