The citizen. (Honesdale, Pa.) 1908-1914, 1912-06-21

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tion. Drove horse in question three
weeks. Handled horses for 80
years. Value S1O0 to $125.
Gee. a. Reynolds sworn: l live
abovt 100 feet from the place of the
accident. Lived there or years.
Was home that day Many stones,
some as large as my head, in road
way. | moved some away myself.
| notified the supervisors about the
condition of the road. Knew horse;
would value it at S125.
Cross-eXamined Didn't measure
any of the stones myself. Notified
Mr.. Tyler.
Otto Pethick sworn: Am a neigh
Dor of Mrs. Loveless. Knew horse;
saw it work and would value it at
Sl25. / knew it had the springhalt.
Chas. Reynolds again called but
testified to the same as before.
Mrs. B. S. Shannon sworn: | was
driving with Mrs. Loveless on the
day of accident. We were return
ing from Boyds Mills. Horse drove
nicely and did not limp. At place in
question horse stepped on stone and
lunged backward on bridge. | went
to get Mr.. Reynolds to help.
Cross-examined: Horse walked
part of time and trotted part Drove
across bridge side toward Reynolds
house. Didn't know what happened
to horse. Did not stop at Ralph
Wallis house before the accident
Harold Loveless sworn: / am son
of Mrs. Loyeless. Horse was not
kicked to my knowledge prior to ac-
cident. Springhalt never bothered
him.
Cross-examined: l noticed abras-
Wpnk
did not tell me horse had been
kicked.
Mrs. Loveless sworn: Horse lung
ed backward on bridge and swayed
on the shaft.
Searle & Salmon managed the case
for the defense
Chas. Rutledge sworn: | am a su-
pervisor of Damascus township. Saw
road where accident occurred last
August. Would call road passable.
There were a few loose stones but
not enough to bother. Was fixing
road above where accident occurred
Road was not main road but con-
nected two main roads.
Clark Wood sworn: | live half
mile from Boyds Mills. Use road
frequently. There were a few loose
stones that were washed down by
water.
Cross-examined: Am working for
supervisors. Mr.. Tyler had charge.
He is in New York state.
Charles Rutledge was again call
ed, l made an effort to have Mr..
Tyler here today.
Ralph Wall sworn: l am familiar
with road. Water ran across road
at this place and washed down
small stones.
CrOss-eXamined: Was over road
twice a week. Saw no large stones.
c. f. Boyd sworn: l am familiar
with road in question. Drive over it
| nearly every week. Water washes
down the stones in road Did not
consider road dangerous.
Marian Brown sworn: | live in
Damascus and drove over road right
] after accident; didn't notice any
large stones.
DR.. G. c. Cade sworn: l live in
/ Galilee and am a veterinary surgeon.
| Called by Mrs. Loveless to see horse
Was dead when | got there l said
/ thought horse had been kicked.
Horse had been lame. 1t is possible
for horse to walk or do work for
week or longer with the leg frac-
ured without entirely breaking off.
Cross-examined: Never heard of
case where horse stepped on stone
and broke leg. Possible but not
| probable.
Claude Martin sworn: Testified to
/ the bad condition of road. Mrs.
| Loyeless stopped at my house and
asked me to give her a lift. Said
horse was little slow. No state
ment about horse being lame.
John Davies sworn: l backed horse
out of the shed before it left for
Boyds Mills that day and noticed it
was quite lame.
Cross-examined: 1t might have
been the spinghalt. Jerked up his
hind leg.
Harry Garfield sworn: l was a su-
peryisor last year at time of acci-
dent. ! inspected the road. In good
shade.
Cross-examined: Don't know of
any work being done on road since
accident.
n. l.. Wood sworn: | worked for
/ supervisors and knew the road.
Drove over it quite often. Don't con-
slider it dangerous.
Chas. Rutledge again called: Two
photographs were introduced by the
defense of the road in question.
They were taken Thursday, June IA,
.9l2. | acknowledge the picture to
be fair representation of the road
at the time of the accident. Just
the same as it was then.
Cross-eXamined: The pictures were
taken on June IA, 1912, and acci-
dent took place July l9, 1911, and
| did not see road between that time
and last August.
~ l.. Wood again called: Testi-
fed to the pictures being a fair rep
resentation of the road at the time
OF the accident. ! can see no change
in road.
Cross-examined: Did not know of
any work being done on road since
accident.
Ralph Wall and Mrs. Kate Rey-
nolds previously sworn, acknowledge
ed the pictures to be a good repre-
sentation of road at time of acct
: dent.
Geo. Reynolds again called: That
evening lady came to me and l went
down and found horse on side OF