Every evening, Wilmington daily commercial., 1906-03-08
GARRETT DAMAGE SUIT
An Action Brought by DR., ", R.
Garrett Against the Peoples
Railway Company,
RESULT OF AN ACCIDENT
Car in Collision With an Auto
mobile at Eleventh and
Orange Streets Sew
erai Months Ago.

The trial Of the damage suit OF DIR.
William X. Garrett vs.. the People
Railway Co. was begun in Superior
Court this morning. II is an action
brought by DR.. Garrett to recover
for personal injuries aud damage to an
automobile alleged to have been sus
tanned in an accident which occurred on
Orange stfest near Eleventh on May
Dist, 1905 1t Is alleged that DI. Gar
rett's automobile was struck by Feo-
ple's railway car, the machine dam
aged and DIR. Garrett thrown out and
injured so bacly 10 the soiatic nerve
that he is still seriously affected by
the injury. Leonard u. Wales and
Herbert a. Ward represent DR.. Gar
Iett Robert II. Richards is counsel
for the oompauy.
Engineer Francis A. Price produced
n plot Of the place whore the accident
occurred, and testified as to distances
and the grade Of the streets at that
point.
DR.. Garrett testified that be was
running his machine unoer the low
gear speed about three miles an hour
and had his brother-in-law in the
automobile with HIM. Upon ap-
preaching the Eleventh street cross
horn. Wnen he was 20 feet from the
/ trolley tracks he saw o car coming
rapidly. lie could see it by looking
over a hoard ienoe at the corner Of the
| street. Witness said he heard no bell
sound by the trolley crew. He said he
turned his automobile as shortly as he
could, but the running board Of the
car struck one OF the front wheels OF
the machine. Both front wheels we're
broken from the machine and both
PERSONS thrown out. In his opinion
the trolley car was running from 10 to
20 miles an hour. Witness said be Was
injured IN the hip, spine and inter-
nHlly. IL was shown that it cost over
go TO repair the automobile after the
accident. Since his injury, be said,
he had been unable to take solid food
and had subsisted upon a liquid diet.
Thomas Humes, who was q the au-
tomobile with Dr. Garrett, testified
that the first he knew OF the presence
Of trolley cal was when the automo-
bile was close to the Eleventh street
crossing. In his opinion the car was
going at the rate of from l6 to Is
miles an hour. lie said the automo-
bile had been turned into Orange
street at the time of the collision.
. / 4uu Nhad u ouAuHa 49, WhAho W. Wv
Wilmington City Railway Co., which
was to have been begun this morning
, was not taken up because Walter H.
, Hayes, representing the defendant
! company, asked that 1t be continued
on account of the illness of an import
ant witness. l.. Irving Handy anS
: Herbert l.. Rice, counsel for the plain
tifi, objected TO the continuance o
the case because Mr.. Hayes did no
present an nfii iavit. The court ghvl
]. Mr.. Hayes until 2,30 O'Clock thi
afternoon in which to file the affidavit
referred 10.
The special panel OF jurors stFuol
for the case Of di Meglio vs. the Hal
timore & Ohio Railroad Co., bein
/, present and the date for the case beinl
next Monday, the II men to sit in th
case we're drawn and the remainder 0
the panel we're discharged from an
further attendance.
Court took recess until .. 30 o'clock