The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-01-17

I room and Informed the jurymen that the
$ case had been settled, and court was then
t adjourned. 1t was learned that Mr.
9 Miller accepted $500 bond of the New
Jersey Rapid Transit Company and $3.50
in cash. His claimzwas for $500.
The case of Aaron Haines, of Vincen-
town, VS.. John O'Leary Jr, to recover
2 borrowed money, wages, etc., was settled.
4 Jacob G. Hendrickson appeared for the
, plaintiff Eckard P. Budd represented the
defendant
} The suit of Samuel E. Burr VS. the
Pennsylvania Railroad Company, which
had been referred to the Circuit Court,
was the first business taken up on Friday
} Aaron E. Burr, counsel for the plaintiff,
was assisted by Judge Wescott and Louis
Morris. Nelson Burr Gaskill and Judge
Armstrong appeared for the defence.
Judge Wescott said that on October 8,
1902, Samuel E. Burr went to Camden
and upon returning to Bordentown, where
he resided, he was thrown from the car
steps to the platform while in the act of
alighting. His arm was broken, and he
cannot raise that member to his head
Intense pain at once manifested itself and
upon getting home physician was sum-
moned, when it was found that the plain
tiff was seriously injured.
Mr.. Burr took the stand He said he
was nearly go years of age; that he con-
Quoted two stores and was also engaged in
the insurance business. He was thrown
from the steps and landed on his right
side, breaking his arm at the shoulder.
The conductor and brakeman were not
there, apparently not on duty at the time
Witness asked to be taken home and he
was attended by DR.. Ira Leedom, who set
the broken arm, the operation being very
painful. The next day DR.. Ships, the
railroad physician, came to the house
and the arm had to be set ovoA2again, con
fning Mr.. Burr for seven weeks, com
polling him to sleep at times while sitting
up. DIR. Leedom was in attendance for
about two months. When the splints
were taken off. the arm was found to be
stiff, permanently impairing part of its
usefulness. Frequent pains appear when
an attempt is made to use the arm in a
high position; witness can only partly
dress himself. His bill from the physician,
DR.. Leedom, amounted to $36, aud there
were other charges for massage treatment
Witness has been compelled to assign
work which he usually did, to others, and
he has abandoned all attempts to do any
reaching" in the store.
On cross examination witness said that
it was not a habit with the people of Bor-
dentown to remain seated until the train
came to full stop before attempting to
get off. Burr was one of the last passen-
gers to leave the car. Bordentown was
the terminus of that train. Witness had
his left foot on the platform when the car
started forward and threw him. He was
positive at the time of the accident the
train was not moving slowly. While
standing on the platform he noticed that
the train had come to full stop. William
H. Horsfull was present and saw him fall,
and from him he received assistance. The
lifting and reaching at the store had been
relegated to others some years ago. The
accident has only resulted in incon-
venience and the medical expense attend |
| ing the same. He has not employed any
person to assist in his business because of |
this trouble.
Willitt Satterwait was riding with Mr.. |
Burr on the day in question. Witness |
preceded Burr in alighting from the car,
which had come to full stop.
VIM H. Horsfull, of Bordentown, got
off the car ahead of Burr. The car was
running slowly at the time, but it was
safe to get off. Shortly after alighting he
looked around and saw that Mr. Burr was
injured and he made inquiry concerning
the matter. Witness did not notice when
the car stopped and he did not see Burr
| fall
DR.. Ira Leedom testified to attending
Burr and found fracture of the shoulder
From critical examination of the arm
since the injury, the physician found a
stiffness of the joints, the loss of motion,
age The wound has existed for two
years, and in a man of the age of the
plaintiff, the prospects are very poor for
permanent recovery.
DR.. Ships has been employed by the
railroad company for fifteen years. He
examined the wound of Burr and found
simple fracture.
| Harry Tyler, of Bordentown, is EN-
ployed by the railroad company. He got
off the train in question and it was stand
ing still when he left his seat, but it
started up again before he got off He
noticed collected crowd on the platform
but did not see Burr.
On cross examination Tyler said that
the car stopped and in about two seconds
it started again, moving about two feet.
The defense rested.
Judge Armstrong said the defence
would show that Mr.. Burr got off the
train while it was still in motion, and that
there was no further movement of the
train after it stopped. The company
would not deny that the accident occur
red, but that it was an occurrence for
which the defendant was not responsible
Joseph M. Gordon. conductor, had
charge of the train, and he was present
when it stopped. 1t did not move again
Gordon's attention was called to the acct
dent. \
| On cross examination witness said he
did not go home until he and the entire
crew had put the train up for the night,
consuming about twenty minutes.
William Packer said the train did not
start after it came to stop. He was
positive, because he got under the cars
and detached the airbrakes.
Harvey Beatty was brakeman on
the train, but he is not in the employ of
the company now. After coming to a
stop the train did not start again for some
time. Beatty was the first to get off his
car and it was at standstill when the
other passengers alighted.
F. s. Eckman, fireman, had his atten
ton called to the accident the next morn
ing. When his train arrived at the station
the night before it did not give sudden
start after it had been stopped. A brake
man at once got off and uncoupled the
engine from the baggage car. The loco
motive went around the and then
pushed the train back into the yard, which
ended mis- days work.
| George Thompson, manager of the tele-