The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-03-19

Before Judge Joseph Burlington in
the United States Circuit court satur.
aay' the case of Attorney John Il.
Martin against the Delaware and Hud.
son company was put on trial. Mr..
Martin asks 100000 damages for in
Juries he sustained on April 4, 1899,
while riding from his home in Oily
phant to this city on one Of the de-
fendant company's passenger trains.
At the Diamond crossing. in the Sew
enth ward Of this city. the passenger
train collided with Delaware. Lacka-
and Western coal train and both en-
gines were badly wrecked and Rich
ard Dcugherty, the engineer of the
coal train, was fatally injured. The
conductor of the coal train. James
Dooley was badly injured.
Engineer Copeland escaped practical
ly unscathed, but Mr.. Martin and sew
eral other passengers were hurt. Mr..
Martin was confined to his home in
Olyphant after the accident until the
latter part Of June, when he went to
the home Of his father at Easton.
where he has been ever since. He
came UP to attend the trial, accom-
panied by his wife and their two chill
dren, his father, brother and two sis
ters. 1t is alleged that ne Is a mental
and physical wreck as a rusult of the
accident and that there is no likeli-
hood that he will ever be any better.
He is represented by Attorneys JOS
eph O'Brien. Everett Warren and Ma
than Vidaver. Ex-Judge w. H. Jes-
sup and ex-Attorney General H. w.
Palmer, Of wilkes-Barre, appear for
the company.
CONTINUANCE REFUSED.
Friday afternoon a motion for q
continuance was made on behalf OF
the company on the ground that the
company's claim agent. Martin Grip.
pen, was i'll at his home in Olyphant
| and that Alexander Copeland, the en-
g1neer Of the train, was injured Tues.
| day and could not come INTO court
Judge Burlington gave permission tc
physicians for the plaintiff to exam
! inc these witnesses and 1t was re-
ported to court Saturday that Mr.
Crippen would not allow himself t.
be examined. Mr.. Copeland is not II
a condition to come into court. Judge
Burlington directed that the trial pro
ceed and that Mr.. Copelands depo
sition be taken at his home.
| Mr.. O'Brien opened the case to tn,
jury for the plaintiff and stated tha
the accident was due to the fact tha
the engineer of the Delaware an.
Hudson train neglected to observe tn,
danger signal which was raised L
warn him that he could not cross.
Mrs. John T. Martin, wife of tn,
plaintiff. was the first witness. Sh
testified that they have been married
eight years and that on the day of tn
accident he was in full health ant
vigor when he left home. When h
returned about 4 in the afternoon h
had to be assisted by the late Josepl
V. Brown and John Lennon. He wa
in a state of collapse and was pu
to bed. At the time of the acciden
Mr.. Martin weighed 212 pounds.
| FLAGMAN REDDINGTON.
Michael Reddington. the flagman a
the crossing where the accident oc
CURED. was in the employ of tn
Delaware and Hudson at the tint
He testified that he gave the signal t
the Delaware, Lackawanna and West
ern train to pass over the crossin
and after he did so the Delaware an
Hudson train hove in sight and ie
noring the signals bore down on tn
crossing. The shock of the collisio
threw the Delaware. Lackawanna an
Western engine off the track an
down an embankment. The Delawar