The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-30
Leads all North Carolina Daiies i'm News and Circulation

at Rocky Mount? No Did the Spring
| Hope do shifting at Rocky Mount?
Yes When did it have to be inspect
ed and repaired? At night.
Mr.. Woodard cross examined Mr..
Campbell. He got to Rocky Mount at
| 1888 Ii. m. and was scheduled to
leave at 1855, but had to wait for No.
40, which was sometimes two hours
late. Had practically nothing to do
large enough to handle a few cars
switching. Did he know his engine
was 80 years old? No, he did not.
| Where was it before he got it? 1t had
been at Wilson. If he had engine Mr..
Swindell had, could he make the run
to Selma by 2:25? Yes, provided
there were no delays. if he had the
right of track. If there was no other
delay besides meeting the two passen-
ger trains, the run might be made.
| Did not No. 80, the heavy express,
make the run in an hour and 20
minutes? Yes. II he had good en-
gine, could he not with his lighter
train make it also? Yes, II he had
as good an engine as No. 81. III NO.
as rarely leaves Wilson before 1928,
he would pass it there. At Micro he
would meet 40 and be delayed five
minutes for that, but he would have
| to pass 212 also, and if that was in
several sections. he would be delayed
| still more. II No. 40 was late, could
he not get to Selma before 40 got
there? Yes, if he got orders. but
there vas no telegraph station at
Micro. Mr.. Pou suggested they might
send a boy to notify them, only five
miles off. M. Woodard protested
against such interruptions, and Jud-se
Brown said he did lot think anything
was intended but little pleasantly.
! Mr. Campbell would have to meet No.
~, the Southern freight, at Sharps-
burg.
on redirect by Mr.. Pou, witness
said that in order to make the trip
with the present schedule, he woulo
| have to run between stations a little
over SO miles an hour. When those
freight trains were delayed, it Of
course increased the pay of the en-
| 2ineers.
Mr.. Woodard again questioned Mr..
Campbell, who said he rarely got to
the round house at Rocky Mount be-
fore 11:15 or 11:20. How many en-
gines were there at Rocky Mount"
That depended upon the season Of the
After the examination Of Mr..
Campbell, the defendant rested, and
the testimony, which had occupied
| over four days, was all in at last
Col. A-go offered in evidence the
gross and net earnings tor 1903. the
dividends paid in 1902 and 1905, and
the amount of 1lAed charges.
Judge Brown said he would not
submit an issue to the jury on that
point, becausa he did not consider
that it was a question for the jury
but he would allow the record to be
put in, so as to give the plaintiff the
benefit of it, If the appellate court
should disagree with him on that
point. The effect, he considered, OF
the courts decision in the case cited
by the Attorney General was to re-
quire the railroad company to furn-
ish adequate accommodation for the
! transportation of psSangcrs.
! Judge Brown then read the issues
he had decided to submit to the jury.
Col. Argc requested this issue also:
Whether it would not be for the con-
venience of the public that such a
train be established; and also this
one Whether or not it would be prac-
ticable for the Atlantic Coast Line to
run the train.
Judge Brown said he considered
that the question of convenience was
admitted. AS to the ability of the
road to pay for the train, that was a
question of law for the court.
i Col. Argo said that his idea was
that what was practicable was a
question for the court, but whether a
thing was practicable in some par
ticular instance was a question of fact
for the jury. Judge Brown thought
it was d mixed question of law and
fact.
Mr.. Horton In lscbuttal.
Mr.. w. A. Horton was then called
by the Corporation Commission. He
| to hon nd A ir I it1a
Before Mr. Horton testified Mr..
Borden was recalled by the plaintiff
and testified that the rate from Tar
boro to Raleigh via Selma was $2.75.
BY Weldon mileage ticket would be
$3.50, but he did not know how much
the regular fire would be. Coupon
tickets over the Southern were sold
from w ishington, Plymouth and Kin
ston. Passengers from other stations
to Raleigh via Weldon could buy loca
tickets TO the next coupon station
During the Christmas holiday season
they had coupon tickets at almos
every station.
Mr. Emerson waxed very exac
upon the stand. Once Mr., WoodarC
asked him f mis- road stopped at Pac.
tolus. Mr.. Emerson: "No, sir, the
trains stop there, not the road Mr
Woodard: ri am very much obliged
TO you for correcting my English"
Mr.. Horton was then called and ex.
amined by Mr.. Woodard. He runs
local passenger train on the Seaboarc
Air Line from Raleigh to Monroe, q
distance of 150 miles, with "a stops
There are regular and six or eigh,
extra trains. He makes the run al
about 80 miles an hour. Coming BACK
has 20 stops and meets regular
trains and several extras. Coming
! back also runs about 30 miles an
hour From Sanford 10 h1leigh is
) az miles with s stops and regular
freight trains. The time is one houI
and 2S minutes. sometimes runs II
in an hour AMI ten minutes. Could
the proposed new :rain make the run
from Rocky Mount to Selma in an
hour and 20 minutes? Yes, if the
road was clear. If they had two pas
senger trains to meet? They could
still make it, allowing five minutes
each to pass the passenger rains.
| With a train Of 3 cars 156 miles ought
to be made with tons of coal.
Mr.. Douglass cross examined Mr.
Horton. He said that a speed of
37H to 40 miles an hour would make
the proposed trip. He often runs 60
miles an hour on his trip. Al Sharps-
burg the new train would lose very
| ., T,,