The Norfolk weekly news-journal., 1910-03-25

SCI iOI lne plalntlH ndu rested wright,
for the defendant made n motion to
Judge Munger that he instruct the jury
to return Il verdict in favor of the de.
PENDANT on the ground that the plain
tin had not proven his petition was
technical and did not show in any way
where the railroad company was neg
lgent
The morning session was consumed
by the recalling to the stand of Claus
Lorenson, the VERT Lumber com.
pany's manager at Plainview, who
gave a repetition OF his testimony,
stating that he had not noticed any
detection i'm the sidewalk before the
accident OF Jones.
Jones Had Been Drinking.
DR.. Il. NJ. Barnes testified that Jones
had come to him after the accident
and a long time was consumed about
getting the condition of the wound.
Attorney Wright drew from the wit.
ness that, although Jones was not
completely under the influence of
liquor when he was treating him, he
had been drinking heavily.
This was the plaintiffs last witness
and his counsel rested, after which
the jury was allowed a short recess
and Attorney Wright Immediately
made his motion that the court in.
struct the jury to find in his favor.
Attorney Wright, in his plea, en-.
deavored to show that the plaintiffs
petition for damages was not technic-
al, insomuCh as the city of Plainview
had assumed the control over the
street and walks leading to and from
the depot, and that the railroad COM
pany was in no way responsible for
the injuries received by Jones.
Assisted by Burt Mapes, Attorney
Wright gave a long list of rulings of
the courts in cases alleged to be sim
liar to this one.
At l1:55 the baliff was ordered to
call the jury, who were excused until
1870 p. IN. Mr.. Wright was followed
by Judge Cones, for the plaintiff, who
tried to show that Jones was injured
on the right-of-way of the railroad and
that the road was responsible for his
injuries, contending that the plaintiff
was a passenger until he left the
grounds of the road, which question
Judge Munger endeavored to clear up.
Judge Munger did not believe that
Jones was passenger of the railroad
company at the time of his injury, ow.
ing to the fact that the walk and the
road were used for general CONNER
cial travel and that the relation of the
plaintiff as passenger of the road
had ceased.
At 1918 Mr.. Cones was still endeav-
oring to show where the railroad
owned and maintained the road ano
walks where Jones was injured for
railroad business and that the plaintiff
was a passenger until he left the
grounds of the railroad company. |
Judge Munger ordered a recess until |
1:15. The defendants had long list
of witnesses to be called.
The next case, that of the bank Of |
Mercer, Pa, versus the Citizens Ma |
tional bank of Norfolk and the Mead. |
ow Grove State bank will, according |
to one attorney, probably consume |
one days time.
Railroad Begins Testimony.
Attorney Cones withdrew his rest |
ing OF the case at 2 o'clock to produce |
more evidence whereby he tried to |
show that Jones was a passenger of |
the railroad company at the time of |
his injury. The jury was then sum-
moned and Jones was recalled to the
witness stand, where he again testi.
fled that the plank which caused his
injuries was old and worn and that |
the streamers underneath were rotten.
After more of the same kind of testi.
mony was drawn from him, Attorney
Wright for the second time asked
Judge Munger to instruct verdict for
the defendant on the same grounds as
asked for in the first motion. Judge
Munger Immediately overruled the
motion and the defendant called their
first witness, James Burke, Of Mart
land, Neb.