Montour American. (Danville, Pa.) 1866-1920, 1910-10-20
THE ZANER
DAMAGE SUIT


to the jury early this morning. The
taking of testimony was completed
last evening.
The case proceeded slowly yester-
day. The first delay occurred when
it was discovered that Russell Um-
stead. who assisted at the autopsy of
the horse, was confined to his home by
illness and that it would be necessary
to take his deposition.
-.ccordingly yesterday morning f.
S. Gearhart, representing the plaintiff
and Attorney Wolverton and Rhawn
for the defendant, accompanied by
Prothonotary Thomas G. Vincent and
Court Stenographer Linville drove ont
to the home of the witness near Fenst-
ermacher's corner, and took his testi-
mony.
1t was with the assistance of the
witness that the autopsy was made,
the latter holding the lantern. On the
inside of the horse a big clot of blood
comprising several quarts was found.
In addition to the plaintiff, who was
recalled, Veterinarian j. o. Reed
testified during the forenoon.
Upon reconvening for the afternoon
w. H. Rhawn moved for compulsory
non-suit. Each side spent about half
an hour in argument, when the court
refused the motion.
Simon Wolverton, Jr, opened the
case for the defendant. He declared
that the crew had taken every pre-
caution and that it was necessary for
the engineer to sound the whistle
when he did-that neither the engineer
nor any of the crew were aware of
Mr.. Zaner's presence with his team at
that point The train, he said, was
running on a green signal which
indicated that there was train on
the block. Whstling was necessary
also. he said. because of the proximity
of the crossing.
The witnesses called by the railway
company in succession were: Edward
+ German, civil engineer; Harry f.
Smith, train despat cher; Edward Dy-
er, telegraph operator of the block
office at Danville; and Mr.. Foust,
engineer of the freight train, the
whistling of which, it is alleged. caus-
ed the accident.
The engineer declared that he did
not see the plaintiff, as he was on the
other side of the cab; also that he not
only had right to sound the whistle
at that time but that it was absolutely
his duty to do so under the circumst-
auces.
This morning an hour or so will be
occupied by attorneys pleas and the
charge of the court, after which the
case will be given to the jury.
In re estate of NJ. Lizzie Wagner,
deceased, report of rule confirmed nj
81.
In re estate of Elizabeth S. Kase,
deceased, report of sale is confirmed
nj 81.
Final account of Daniel Acor, acting
guardian of Andrew A. Acor, confirm
ed nj 81.
In re. Andrew A. Acor, an alleged
weak minded person. Bill of costs FL
ed and approved and the guardian,
John Coleman, is directed to pay the
same out of the funds of the estate.
In re estate of Jacob Flick, deceased,
report of sale. confirmed nj 81.
In re estate of Henry G. Snyder, de-
ceased, return of sale confirmed nj 81.
In re estate of Jacob W. Weller, de-
ceased, sale ordered as prayed for.
The first and final account of James
n. WelliveI, executor of John f. We'll
liver, late of Danville, Pa, deceased,
was confirmed nj 81.
The first and final account of Dallas
Snyder, son of Jacob J. Snyder, late
of Danville. Pa, deceased, was con-
tirmed nj 81.
The first and final account of Jona-
than p. Bare, executor of Caroline
Fry, late of township of Mahoning,
deceased, was confirmed nj 81.
First and final account of Jonathan
p. Bare, trustee, under the will of
Caroline Fly, deceased, of the share
of the estate said decedent devised for
the use for life of Mary Ann Eliza
beth Bell, daughter of the said deced-
ent, and who is also now deceased,
confirmed nj 81.
The first and final account of John
ID. Ellis, executor of John j. Bardole,
late of the township of Anthony, de-
ceased, was confirmed nj ST.
The first and final account of Frank
Carey, administrator, of Mary f. We'll
liver, late of the township of An
thony, deceased, was confirmed nj 81.
Petition of the supervisors of Lime
stone township asking that the order
TO open the Benfield road in said town
ship be held up until such time as it
may appear to the court more practic-
able and reasonable to enforce the said
order; also, petition asking for the
aDpointment of viewers for a bridge