The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-25
ENGINEER
CONTRADICTS
SHERRERD
Tells Court lie Will
Prove His Statement In
Grade Crossing Suit.

of Works Commissioners asalhst the
/ Greenwood Lake Railroad, to Abolish
the Summer avenue grade crossing, was
resumed before Vive-Ghancellor Stevens.
Mr.. Van Duyne was called as an ex-
pert witness for the city late yesterday
afternoon, after Robert A. Brown, isaac
Hopper and other city employees had
testified to having taken records or the
number of persons crossing the tracks
at Summer avenue, the number OF
times the gates were closed and other
data pertaining to the use of the cross
ing by the public.
Morris r. Sherrerd, city engineer,
who testified yesterday as an expert on
the grades and costs of ~eleVating or
depressing the street, was in court
again today, and the engineering de-
partment was further represented by
George 7. Bradley, the assistant chief
engineer.
Mr.. Van Duyne testified to the early
conditions in the vicinity of the Summer
avenue crossing. He said he considered
the development of the section normal but
not as great as it might ave been had
not the crossing been considered a dam
gerous one.
Objection was made by Congressman
R. Wayne Parker to the witnesses charac-
terization of the crossing as dangerous,
and this led Joseph coult, who conducted
the examination, TO ask the witness to
state any fact that would explain his
statement of the character of the crossing.
Il have watched the crossing and on one
occasion saw a wagon start to cross the
tracks when the gates came down sud-
denly. 1t was all the driver could do
to avoid being caught by the gates" re-
piled the witness.
"How did that happen?' asked counsel.
50 -w..-- H. ~a -. - aAYfIdrgt 80 TIM
wagon was the reply.
Cross-examined by Congressman Parker,
the witness admitted the towerman who
operated the gates could see the trains on
the tracks much better than could anyone
on Summer avenue or any point near the
crossing. Other witnesses had testified that
the town station Is located about half way
between Summer avenue and Mt. Prospect
avenue.
MIR. Van Duyne," pursued Congressman
Parker, rs Summer avenue grade north
of the crossing, or such a grade as Verona
avenue and Washington street,"
Il suppose it Isl replied the witness.
docs summer avenue continue as q
thoroughfare north of Mill street?'
mo, 1t does not"
as there not a steep hill there, ms a
matter of fact, with a church on top of
the hill2''
"Yes, that Is so"
Els Mill street a well graded and paved
stneet?'
mo, it is not"
Mr.. Van Duyne further testified that
the old back road was used as a thorough
fare during revolutionary times, and when
asked by Congressman Parker If he knew
that of his own knowledge the witness
caused a laugh by replying that he was
not quito as old as that but he stated
the fact because of his examination of
titles to property fronting on the back
road, some of which bore dates prior to the
Revolution.
The damage map showing the amounts
awarded owners along the line of Summer
avenue at the time of its opening, was
produced in evidence on the part OF the
city. and identified by Engineer Brandley.
DIR. William II. Warren, of AL Summer
! avenue. whose office is at the corner OF
Mt. Prospect aad Verona avenues, was
| called by the city to- testify as to his
use of the crossing complained of.
''How often do you use the Summer ave-
nue. crossing?" asked William A. Smith,
counsel for the city.
From six to twelve times a day..
do you experience any trouble in cross
ing the tracks at Summer %avenue?'
II do
Are you sometimes delayed?'
"About half the time I nnd the gates
down. and am forced to wait from ten
to twenty minutes or even longer.
''How often do these delays occurY'
eThey occur every day" replied the
witness.
Cortlandt Parker c-ross-examined the
witness briefly, but did not change his
| testimony, and the city then rested its
case.
Before calling witnesses for the defense
! Cortland Parker put In the chain of
laws applying to the rights and powers
OF the railroad, reading off the sections
and clauses to which he called the par
ticular attention Of the court.
Henry Il. Woods, a civil engineer Of the
Erie Railroad, called as the first witness
for the defendants, produced a map which
he testified having surveyed and drawn
October % last. In response to Mr.. Park
ker's questioning the witness said that
ut q point fifty feet from the south OF
the Greenwood Lake racks at Summer
avenue, there was a clear view of 1,500
feet to the North Newark station, and
at the same point looking to the west a
clear view of he tracks could be had for
1,500 feet. At twenty feet distance from
the tracks. the witness said, a clear view
OF the tracks all the way to Forest Hill
station could be obtained.
From the north side of the crossing, the
witness said, at fifty feet north of the
tracks n view of 1900 feet to- the North
Newark station and to the west $500 feet
to the Forest Hill station could be OBJ
tanned.
Referring to a profile of the Summer
avenue grade, the witness said the track:
were fourteen feet and a fraction highei
! than the line of Sylvan avenue, which is
250 feet north.
This makes the grade about six feet tt
the 100 feet doesn't it?' asked Mr.. Parker
Yes"
This testimony was contradictory TO tina
given by Mr.. .Sherrerd yesterday, whC
said the grade was a % per cent"
'Ill verify the figures at once re-
marked the City Engineer from hls sat il
the courtroom.
on cross examination by Mr.. Coult, MIR
Woods testified tina there was a differ
ence in level between two Of the adjoinint
tracks OF about eight-tenths of It foot.
Referring TO your testimony with re-
spect to the distance you say an unoh
structed view may be obtained" queriet
Mr.. Coult, where did you stand?''
There were cars on the sidings at thu
time and l placed a man on the top Of :
Tar to secure the measurements"
'Oh, then. at the time you made thes,
measurements of an unobstructed view th'
siding had freight cars on them and you
couldn't see?"
Yes