The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1899-01-05

anu see Wnht can do. y She then, gave up
the ticket and upon his inquirng for the bag.
gage check, reluctantly gave that up. She
nowhere testifes that the conductor agreed
to let her off at Berwick
The train reached Berwick at eight O'Clock,
stopped long enough to allow plaintiffs bag.
gage to be put of and all passengers to aght.
The plaintiff and the conductor both agree
that it stopped about two minutes. Mrs.
Case did not alght with the other passengers
for Berwick.
Just as the train was starting to leave Ber.
wick sation, Mrs. Case went forward to fhe
brakeman and said, "Where is the conductor,
find him quick, he was to set me off here :"
The brakeman hurried to the smoking car
ahead, brought back the conductor and the
plaintiff twice repeated, "Why didn't you set
me off here, this need not have been, the
station was not announced"
The conductor insisting that the station
had been announced pulled the bell cord and
stopped the train She then of her own
motion went out on the platform, down the
steps, the conductor helping her to the
ground and as she says, Gin a gentlemanly
manner" escorting her to the rear end of the
car. There he pointed out the light in front
of The station telling her to "go for that
light" lie then jumped on his tram aud it
moved off.
After repeated efforts on the part of coun.
sci to have Mrs. Case fix the point where
she alighted, she declined even to approx.
mate it. The only thing that she would say
was that the train had 'passed the depot"
Two of plaintiffs witnesses, Jennie Blocker
and Mrs. Averill, testified that they were call.
ing that evening at the lock tenders house on
the south side of the track, about forty feet
below the station platform. Hearing tn.
eight O'Clock train start, go short distance
beyond the house and then stop, they went
out of the house and stood at a point where
they could look down the track. They saw
the rear end of the train about half way be.
tween the smoke house and the lock tenders
house, about fifty feet from where they stood.
"a lady at the hind part of the car was
just about in the act of starting to walk as
the train was starting to move away" They
stood there and ''looked at the lady a little
while" They saw her walking toward them
until she passed them within few feet. $50.
ing toward the small platform" They saw
her pass safely the switch bars which were
below where they stood.
They then crossed the track and when tn ey
next noticed her, she was in the act of fall.
ing between "the small platform" and the
big platform. Another of plaintiffs witness
es, AL. Chamberlain, testified that he saw
her lying between the two platforms: another,
Harry Rhodes, that he saw her from the rear
window Of the train as it moved away "stand-
ing on the little platform"
What is spoken of in the evidence as the
"small platform" is in fact no platform, but
as described by plaintiffs engineer, plank
covering for surface drain pipes, being abou,
seven feet wide and nine feet long, elevated
about five nches above the ground, and locat-
ed about seven -et beyond the station plat.
form. The g.ound between 'the small plat.
form" and the end of the station platform
step from the ground to the station platform
at its westerly extremity was about ten inches
high.
This "small platform" was distant from
the bay window of the station one hundred
and seventy.six feet. 1t was distant in the
opposite direction from another electric arc
light two hundred and eighty six feet. The
l the platform about forty-hve feet. In othel
words, "the small platform" was located
about midway between two arc lights with
no obstruction to cut of the rays.
The accident occurred about eight o'clock
e on clear summer evening in the month o
August.
But Notwithstanding the electric lights anc
whatever natural light there may have beer
at eight o'clock on that clear summer even
e ing, Mrs. Case testified that sit was yer,
4 dark, so dark that she "could not SCI
i. her own feet, nor the ground, nor the rails
0 conld'nt see where she was stepping"
t She admitted wearing "thin loose veil,
=. and hurried along as fast as she could "t'
:. meet friends" whom she expected at tn
e station"
. When her deposition was taken year be
r fore the trial she testified, 81 did go on
n run" This testimony she corrected at thu
trial, by saying, 81 did not go on a run,
n hurried as fast as l could
e Mrs. Case nowhere testlies that she aske,
o the conductor or brakeman to back the trair
: to allow her to alight on the platform, no
v that she asked either conductor or brakeman
i to escort her back to the platform.
c CONCLUSIONS or LAW.
d Upon the facts as proved and shown b.
the Dlaintiff's own admissions and the undis