The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-24
ARGUMENT IS BEGUN
In the King Suit Against the
S. A. |.
More Testimony as to the Rottenness of the
Ties Near the Trest!e. Engineer
Wright's Account.

The examination of witnesses in the
case of MIR. Robert o. King against the
Seaboard Air Line, for $4,000 damages
was concluded yesterday, and the argu-
ment of counsel begun.
Mr.. Armistead Jones, for the plaintiff
opened with speech of much power, in
the course of which he explained the
law that in a case like this the burden
of proof was upon the defendant to show
that the wreck in which plaintiff was in
jured was not due to any negligence on
the part of the company. He then de-
voted the major part of his argument to
the plaintiffs contention that the acct
dent was caused by the presence of rotten
ties, causing the locomotive to break
through the small trestle where the
, wreck occurred. He claimed that the
rotten ties had been burned on the morn
ing of the wreck in order to destroy in
eliminating evidence.
Judge T. B. Womack commenced his
argument for the railroad. but did not
proceed very far, as the hour was late.
He outlined the defense, namely, that the
spikes from the rails by persons un-
known with the purpose of wrecking the
train. He claimed that the PLAINTIFF
theory of the engine breaking through
the trestle was impossible, even if the
ties had been completely rotten, on ac-
count of the speed of the train as testi-
fled to by the engineer. The company,
he contended, was no more responsible
for Mr.. Kings injuries than if some mis-
creant had shot him through the car
window.
Anon gthe witnesses examined yester-
day was e. X. Wright, engineer Of the
wrecked train, who was thrown from his
cab and miraculously escaped being
killed. He testified that the locomotive
ran off the track about 125 or $50 feet
before it got to the trestle, that it then
struck the guard rail of the trestle and
fell over on its side.
Engineer Walter Horton said that he
ran his engine over the spot every day
and that the track was all right so far as
he knew.
DR.. Andrew w. GOODWIN, who has known
Mr.. King for twenty-five years, and has
been his physician for ten or eleven
years, was called, and stated that he
first saw the plaintiff after the accident
on October 18th, two weeks after he was
injured. At this time he was called in
for a consultation with DR.. Rogers and
DR.. w. l. Register. Dr. Rogers had told
him that Mr. King had grown worse,
and that he did not know what was the
matter with him. After consultation, it
was decided that the change for the
worse was due to lung trouble.
Witness testified that he examined the
patients chest. but had not made special
examination of any other part of his
body. He did not see his knee uncov-
cred, but did notice that his ankle was
swollen and had an abrasion upon it.
As result of his examination, he found
that the patient had pneumonia compli-
Gated with pleurisy. He saw him twice
a day after that for seven days. He
considered him very i'll. The patients
mental condition was affected, and he
was delirious at times.
By a subsequent examination witness
had found Mr.. Kings knee slightly en-
larged, with some contraction of the
muscles. He could not say positively
whether the ligaments were injured or
not. The joint, he said was impaired to
such an extent as not to allow the man
to use his limb as before, having only
limited power of motion. 1t will be
more or less impaired for a long time
and it might be for life, if the interior
of the joint is affected, which he could
not tell yet. The injury to the bridge
of the nose had affected the patients
breathing to some extent. There SEEM
ed, witness said, to be a difference in
Mr.. Kings mind since the accident
There was a reasonable amount of i'm
pairment to his quickness of thought.
Plaintiff had had rheumatism eight or
nine years ago, and is liable to have
other attacks, but his present condition
is not due TO rheumatism, for the last
attack was year and half ago. and
he had been entirely free from it ever
since. He had examined Mr.. King care
fully when he last had rheumatism. and
had found no contraction of the muscles.
His finger joints, he said possibly
showed signs of rheumatism.
Mr.. r. c. Bagwell a travelling sales
man, brother-in-law of Mr.. King, stated
that he was away at the time plaintiff
was hurt. but saw him on October Sth
He appeared to him to be hurt pretty
badly, and seemed delirious and not very
clear in his mind. When he was dis
charged from the hospital and went
home he was stronger, but still very
weak, and his mind was not much i'm
proved. e was still suffering a great
deal and complaining. He cannot walk
well yet, but his mind is improving.
Mr.. j. c. Muse, a farmer of Cameron,
said he knew the track at the scene of
the wreck very well. He had passed the
trestle on the Monday before the wreck,
which occurred on Friday night. The
trestle was in pretty bad shape, many
ties being rotten He also noticed that
the water was running the sheeting below
the trestle. On the morning of the
wreck he reached the spot about Z
o'clock and saw the railroad hands burn
ing ties and clearing away the wreck
age. Many of the ties taken out were SO
rotten that they would break off in
chunks when they were pulled out.
Under Capt. Days severe cross OK
animation, witness said he did not know
how many rotten ties made track I'M
safe. He supposed one would and he
had never seen a safe railroad track in
his life.
Mr.. Moses Britton, who lives at Cam
erNon, testified that he went to the
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