Bridgeton pioneer., 1904-03-03
THE NOLAN CASE
IN CIRCUIT COURT.


Courthouse Tuesday to tryithe cases of
John Nolan VS.. the Bridgeton and
Millville Traction Go. and of Carl
Newcomb vs. Game Warden Conner
and ex-Sheriff VIM. O. Hendee in the
now famous terIapin case.
The first case called was that of
John Nolan against the Bridgeton and
Millville Traction Co.. which is suit
for damages for the loss of his leg in
an accident which happened on South
avenue.
Lawyer Rex Donneily represented
He was assisted by former Judge John
D. Wescott. OF Camden. Former
Prosecutor of Pleas VIM. A. Logue
appeared for the Traction 90. He is
assisted by Judge Gaskill, of Mt.
Holly.
A jury was empanelled but before
they were sworn Judge Wescott in
quired Of any of the Jurors were in the
employ of the Traction Company.
The answer was in the negative and
| tll6y W6IG sWOTu.
At this point telegram was handed
Judge Endicott and after reading it
announced that this wonld be the only
case called and the other jurors were
excused
| Judge Wesoott opened the case by
stating the circumstances of the ac-
| ~ h;ob
January 3, 1902.
John Nolan was called to the stand
and asked to give the details of how
the accident occurred.
| During the examination of this wit
ness, the most strenuous objections to
the testimony were made by the coun
sci for the defense where the agency
of the company was to be shown. An
elaborate system of queries wassgone
into by Judge Wescott to establish the
witness knowledge of the Traction
Go. IS use of the premises where the
accident occurred.
Mr.. Nolan described how he was
thrown from his wagon and his leg
| broken. He was taken to his home
on Fayette ST.. after which he was
taken to the hospital and attended by
Dr. Fogg; blood poison set in and DR..
Tomlinson amputated his foot Spec
ialists were sent for who came from
Philadelphia.
The cost to him was over $500. He
was incapacited until the following
October. He had been making with
his express wagon $12 to $14 per week.
He now makes from so to 81 per week
driving coupe on percentage. HeTis
not able to do manual labor. The case
will consume the day, most likely.
There are many witnesses to be
called yet, Mr.. Nolan being the only
one up to noon.
The Nolan case was continued Tues
day afternoon. Several witnesses
including Charlie Mattison and Ed
ward Barrett, carriers, were examined,
corroborating the testimony of Nolan
as regarded the locality and the road,
together with the hole which caused
the accident. With this evidence the
plaintiff rested.
Judge Gaskill moved for the strik-
ing out all the evidence relating to
Reeves. with the contention that
Reeves was not an authorized agent
of the Traction Company. Judge En-
dicott denied the motion.
Judge Endicott then moved for a
non-suit, on the grounds that Nolan
was not employed by the company.
and that Reeves. who had employed
Nolan. was not an agent of the com.
pany.
This motion was exhaustively ar
gued by Judge Westoott in contesting
the proposition.
Judge Endicott reserved his deci-
sion on the motion and the trial was
ordered to proceed.
Judge Gaskill in his opening for the
defense said he expected to prove that
Nolan was in such hurry to get
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ing his load of ladders at the Car barn
that he sprang upon his wagon clapped
his hand upon his horse. causing the
horse to spring and dash away lat
rapid ratesdashing the wagon into the
hole and throwing Mr.. Nolan off,
That it was through Mr.. Nolan's con-
tributory negligence that the accident
resulted.
Walter M. Sharp was the first wit.
ness called. He had made map of
the place and it's surroundings, dia-
gram of which was placed in evil
dence.
Several witnesses followed. the first
one being Mr.. Reeves, the carpenter
who testified that he had hired Mr.
Nolan to do his carting at severa
different times, and had hired him to
cart the load of ladders at that time.