The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-24
RAILS CROSS TIES.
Much Expert Testimony in
king-Railroad Suit.
Dr.. Rogers Testifes as to Mr.. Kings Injuries
Defendants Witnesses All Say Spikes
Were Drawn.

perior court yesterday examining wit
nesses in the suit of Robert o. King
against the Seaboard Air Line for $40,-
900 damages for disabling injuries re-
ceive1 in the wreck at Cameron last Sep
TENDER. The testimony yesterday was
principally of an expert nature, given by
employees of the railroad to show that the
track was in good condition, and that
the disaster was due to spikes being
drawn from the rails by some malicious
person for the purpose of wrecking the
train. Sections of cross-ties and rails,
and lot Of spikes, We're displayed for
the edification of the jury, These ties,
the defendants claimed, had been taken
from the spot where the wreck occurred,
but the plaintiffs counsel seemed to be
a little sceptical on this point.
The first witness yesterday morning
was Capt. L. B. Parsons, General Road
master, who was on the stand the pre-
vious day. Under cross examination he
Reiterated his statements concerning
the good condition of the track and tres
tie, and the drawing of the spikes by
some person who had stolen a claw
bar for the purpose. He described the
trestle as being eight feet wide and four
an6 one half feet deep.
The next witness was Dr. James R.
Rogers, of this city, surgeon for the Sea-
board Air Line. He testified as to the
nature of Mr.. Kings injuries, saying
that upon his removal to the hospital
here, it was found that his left knee
was sprained and his nose broken at the
bridge. There was a slight pain in the
chest. No abrasion or confusion was
noticed on the side, nor upon the ankle.
There may have been some slight shock,
as the patient appeared much excited
and very nervous. He was, however. per-
fectly sane and not at all delirious. He
complained Of pain in the right side.
On the night of the October 10th, DR..
Rogers said he suspected pneumonia,
which did develop, as a result of the in
jury. The lung was probably bruised,
which might be thue case without there
being any external confusion. Upon the
solicitation of Mrs. King, DIR. Goodwin.
the family physician, was called in. and
had every privilege OF making such ex
animation as he wished. Witness said
that when Mr. King was discharged from
the hospital, on November 18th, he was
unable to walk at ALL. He had visited
him after that, and found him improved
but still unable to walk. This was the
latter part of November.
Asked II Mr.. King, had ever had rheu-
matism, DIR. Rogers Said he had told him
he had, and he showed evidences of it in
his fingers. He said an injury like this
would be a exciting cause to infamma-
tory rheumatism, provided any symptoms
existed, which did not in this case. About
a year and q half ago he had passed
the plaintiff for the Equitable Life In
surance Company. He thought this COM
pany did not ask definitely about lnf1am-
matory rheumatism. Asked if a man
might ultimately recover the use of his
limb after such a injury as this, wit
ness replied that he might or might not
At this point Sheriff House, OF Hall
fax county, was permitted to testify as
the good character of Engineer Clark,
who was to be examined later
great deal of time was consumed in
the examination of Section Foreman j.
R. Window. He stated that the cross
ties in the court room were the Identical
ones in place where the cars first went
off the track. He had found spikes drawn
out and lying on the ties, outside of the
rails and with their points toward the
rails. He said some of these spikes had
been replaced in renewing the track to
get the wreck away. He showed the diff
ference between a spike drawn out, and
one forced out by the spreading Of rails.
AS to the condition of the track at the
point of the wreck, witness said it was
sound, and safe for rate of sixty miles
an hour. He had noticed one of the ties
being rotten, but he said that all roads
had some rotten ties. His story OF the
missing clawbar was substantially the
the same as that of Capt. Parsons.
He admitted that he might have told
Moses Britton and others that he did
not have hands enough to look after his
section of the road, and that he was going
to West Virginia on that account. 1t
was his business to keep the trestle level
by lacking it up, but this trestle never
needed it, His idea of the width of the
trestle was five feet. From the strin-
ger to the bottom was three feet, and
that were rotted through. A rock ballast
had been put by him on this track about
two years ago.
Mr.. E. G. Rawlings. a drummer from
Wilson, testified to helping Mr.. Kipg out
from where he was damned in R seats
and baggage. He had noticed that his
nose was injured and that he appeared
otherwise hurt.
Roadmaster w. A. Marshall said he
extricated Mr.. King from the overturned
car. Plaintiff was crying loudly for help.
Mr.. Marshall also testified to some of the
spikes having been drawn. He said the
trestIe was five feet wide and three feet
deep.
Mr.. Ed Clark, travelling engineer.
who was on the train at the time of the
wreck, bore witness to the good condition
oil the road.
Mr. C. A. Daggert, roadmaster who
recently came from Indian Territory and
went on duty for the Seaboard on Sep
TENDER 25 last said the track had been
recently re-tied, and that the track was
perfectly safe.
Mr.. S. w. Boone, a carpenter on the
road, bore witness to the soundness of
the ties, with the exception of little
rot upon the tops of the cross-ties on the
trestle. which would not affect its