Evening journal., 1910-05-12
DAMAGE SUIT
RECALLS WRECK
Widow Of John W. Wood Sues
P. B. 6 W. for Damages
for Husbands Death
WITNESSES TELLS
OF ROAD FATALITY

In Superior Court today the damage
suit Of Wood VS.. the p, b. & w. Rail-
road Company was called for trial.
J. Harvey Whiteman and George L.
Townsend Jr., represent the plaintiff
and Ward, Gray and Neary appear for
the defendant The case grows out of
the Delmar wreck in which John w.
Wood, a railway mail clerk was killed.
Mr.. Whiteman in opening for the
plaintiff said that on the morning of
February %, 1909, Wood was a mail
clerk on the Norfolk express. AS the
train approached Delmar a clear sig
nal was given and later the train
crashed into two engines that were on
the track.
A short time before his death Wood
obtained a divorce decree nisi from
his wife. His death ended the suit be-
fore the final decree could be given.
The plaintiff began by proving that
Mrs. Wood was the widow of Wood.
Lester e. Short, s2S Lombard street,
this city who was the first witness
called testified that he was present
when Wood and his wife were married
by the Rev. II. S. Dulaney.
Mrs. Liza T. Johnson of Washing
ton, ID. c., a sister OF Wood testified
he was thirty-one years Of age at the
time of his death and that he earned
81 900 or s11OO a year.
Harry ID. Reyburn, Of No. 1913 Lam
caster avenue, q postal clerk, said he
knew Wood. AS a railway mail clerk
witness said Wood earned S110O a year.
Joseph Niedermaier, another railway
postal clerk said he had known Wood
and was working in the railway mail
! service on the morning he was killed.
william II. Lodge, a p, b. q w. r. r.
conductor, testified the p. b. & w.
r. r. was the only road entering Del
mar. Witness said he was conductor of
train 40 on the morning of February
! %, 1909 and that as the train ap-
preached Delmar it struck two engines
that were on the southbound track
The witness then described the wreck
He said the signals given were to
go ahead. Witness said no one in
either the baggage or mail car escaped
Witness said the yardmaster in charge
that night was A. S. Hurt, assistant
to Yardmaster II. T. Hickey, and ac-
cording to the witness no one, outside
of these men had authority to order
the engines onto the tracks where they
were found that morning at2.51 o'clock
In cross examination witness said he
did not know il Hickey or Hurt gave
orders relative to the two engines.
William w. Knox testified that the eX-
pectancy Of life OF a man thirty-one years
of age is nearly thirty-five years.
Benjamin b. Ewing said he was the en-
gineer on train No. 40 when the wrecl
happened ell told of the incidents con
nected with the wreck and described thu
burning Of the baggage and mail cars. H'
said he had clear signals upon entering
and while in the Delmar yard.
Thomas Hesslon, fireman on the engin
Of train No. ~, testified TO the wrick. Tn
two n. y. p and n. engines were on tn
southbound track. he said He did no
know how the cars were light-d The,
were about 800 yards from the Delma
station when the wreck occurred.
Conductor Lodge was recalled an,
testified that the cars were lighted b!
gas generated from gasoline. The tanl
containing the wicSs saturated wit
gasoline was IN the top OF the car, h
said.
Noah Lear. section hand on III
n. Y. 2. and y. railroad, testified tina
he was switchman in the Delmar var
on the morning of the wreck. He sal
! he threw the signal to the train tina
/ the track was clear. He said the gen
{ eral rule was not to hold up passenge
3 trains without orders from the yard
master. The engines of the n. Y,
e and n. were allowed out of the waite
, track TO the southbound track by direC
S ton Of Mr.. Hurt, witness said.
The trial viii be resumed this after
j noon.