Montour American. (Danville, Pa.) 1866-1920, 1903-11-12
AN ACTION
IN TRESPASS
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offered by f. H. knight who was
Burgess OF Watsontown in 1898 when
the ordinance was enacted which re-
stricted the speed of trains passing
through the Borough to six miles an
hour.
Mr. Knight said that Mr.. Westfall,
Superintendent of that division of the
Pennsylvania railroad, was Informed
of the action of the Borough in fixing
limit for speed and said that the
superintendent had replied, aoknowl-
edging the receipt of the cOmmunica-
tion and stating that it would be i'm
possible for the railroad company to
reduce the speed of their trains in
passing through Watsontown and yet
make their connections, but that they
would exercise all care possible and if
anything happened they would stand
by the consequences.
The letter itself is lost At the ex-
piration of his term of Office Burgess
Knight handed the letter along with
other borough documents over to his
| successor, who is now deceased. A
most diligent search has failed to re-
cover the letter and it is now believ-
ed that it was thoughtlessly destroy
ed.
AT 10 80 O'Clock the plaintiff rested.
Mr HinckIey for the defendant i'm
mediately moved for compulsory
non-suit on the groud that the plain
tif's case developed such contributory
negligence as would prevent the re-
covery of damages.
The remainder of the day was spent
in argument, Mr.. Hinckley being op-
posed by f. 5. Gearhart and James
Scarlet. Each of the addresses were
penetrating and exhaustive efforts be-
ing listened to with interest and deep
attention by a large audience.
The action in trespass before court
| in which Mrs. Sarah O. Cromley is
plaintiff came abruptly to a close yes
terday morning when Judge r. K.
Little ordered compulsory nOnsuit
The case had been very ably argued
on Tuesday, Mr. Hinckley, the mover,
urging that the plaintiffs case had
developed such COntributory neglig-
/ III %
f. S. Gearhart and James Scarlet
argued against the non-suit Nearly
the entire day was thus consumed.
Judge Little upon adjournment Tues
day evening stated that he would hold
the matter under advisement and an
nounCe his decision the next morning
The case had created vast amount
of interest, and was one of the most
important civil actions which has been
tried in this county in many years.
| At the ringing of the bell yesterday
morning, therefore, a crowd of cur
ious people might havo been seen
vending their way toward the Court
House anxious to learn the decision.
Judge Little announced that he had
decided to order a non suit,as 1t seem
ed to him that the plaintiffs side had
| developed contrIbutory negligence of
such a nature as to prevent recovery
of damages. He, however. granted a
rule to show cause why it should not
be stricken off, which makes it posi-
BILE that the case may be reinstated.
The damage suit III question was
the only case on the list for trial. All
the jurors not on the panel for the
trial were discharged on Monday. At
few minutes after . O'Clock court
was adjourned to re-cnnvane at the
ringing of the bell.
Among the large number of wit.
nesses subpoenaed were some twenty
from Watsontown and vicinity. A
number of these were here to testify
for the railroad company They all
expected to remain for some days. As
a result of the nOnsuit new plans were
quickly formed and the witnesses were
all enabled to leave for their homes
early in the day.