Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1906-10-04


non-suit, on the grounds that it had
not been proved that the plaintiff was
injured by train of the defendant
corporation, and that the injury did
not occur in this county. s@
Mr.. Wescott opposed this motion
and made motion for a reopening of
his case in order to prove that the in
jury was by the train operated by the
defendant company.
This motion was granted and Mr.,
Wescott Immediately called Walter H.
Bacon to the stand to prove that the
railroad was operated by the Central
Railroad of New Jersey.
He didn't succeed very clearly and
Conductor George W. Oliver was
called. He said he was conductor
on the Central Railroad of New Jersey
and ran the train which, it was
alleged, had injured Mr.. Yudelowitz.
E. I. Davidson was called to prove
that he had bought a ticket over the
Central Railroad from Rosenhayn to
Bridgeton. The ticket was admitted
in evidence.
The plaintiff then rested their case :.
and the Judge declined to grant Mr.
Bacon's motion for non suit.
Mr.. Bacon opened the defense, out
lining it with what he expected to
| prove-that is, there was no neglect of
precaution on the part of the defen.
dant, and that the accident was solely
caused by the contributory negligence
of the plaintiff.
Five photographs taken of the scene
at Norma where the accident occurred,
and which were taken Dec. 10Th, last,
by Mr.. Morris, a New York photog.
ropher, were introduced and proven
by Mr.. Morris, and admitted in
| evidence.
Walter M. Sharp proved maps that
he made Of the scene last December,
and they were admitted in evidence.
Frank Parvin testified that he was
at the station the night of the acci-
dent, waiting for some freight. He
was in the station and hearing the
whistle of the locomotive, he remarked
that he would go out and drive his
team across the track so as to be handy
to get his freight, which he did just
before the train arrived and struck
the wagon of the plaintiff.
Court adjourned for the day.
Thursday Morning.
Asl was conjeotured from the trend
of the testimony in the Sharp Durand
case yesterday, the jury, which went
out yesterday forenoon, came in about
half past eight O'Clock last night, re-.
turning verdict for the defendant,
thus showing that Durand was not
held liable for Sharp's injuries. I
DR.. John H. Moore was the first
witness called this morning for the
defense in the case of Yudelowitz
against the Central II. R. 90. III.
| DR.. Moore was called as an expert
on diseases of the eye, of which he
has been making special practice for
| the last twelve years. DR.. Moore said
! that he had examined the eyes of the
plaintiff Yudelowitz on Tuesday last
and found no abnormal conditions of
the. interior of the eye
Conductor Geo. W. Oliver told of
the accident as he was running the
train; put the man Yudelowitz on his
train and took him to his home near
the railroad and near Rosenhayn sta.
tion. Yudelowitz walked from the
train to his home. walking between
two men, the conductor going with
them.
Blacksmith Synder and his wife
Mrs. Emma Synder, Philip Ridgeway
Walter P. Kline, of Railway, a con-
ducter, conductor Jackson, Bryant, who
was brakeman at the time of the &C.
cident, Albert l.. S. Bivis, of Dover,
N. J. and others gave testimony tend
ing to show that the train had given
the usual signals of bell and whistle at
the time of the accident.
After being out about three hours,
the jury in the case of Yudelowitz
against the Central Railroad Company,
returned a verdict of $500 for the
plaintiff. -
The case was finished up yesterday
afternoon and the case sent to the
jury. t
DIR. George B. Cunningham, of Vine
land, was called; said he was called
to attend YudeIowitz a few days after
the accident. could find only small
bruise on one arm, examined him
carefully for fractures or dislooations,
bumps or bruises and could find
nothing but the one little bruise on
the arm. Examined him again last
Tuesday in conjunction with DR.. Sites
and DR.. Greenwood, and could find