The citizen. (Honesdale, Pa.) 1908-1914, 1912-04-05
MENNER WINS DAMAGE SUIT
Continued From Page One.)

| Walter NJ. Fowler all testified to the
| unsafe condition of West street at
this point and based their opinions
on personal experience.
William Sherwood, a clerk in Men
ner & Co.'s store, testified that he
was going up Main street to dinner
] when he saw Menner cross Main
| street on Fifteenth and stated that
the team seemed to be under conrol
and was not going fast He did not
hear any shouting or see anything
! unusual.
Clark Kimble was sworn. He stat
| ed that he sometimes went along
with Mr.. Menner to help deliver. He
knew the team to be perfectly safe
and never ahd any trouble with it
prior to the accident
After this witness testified the
plaintiff rested the case.
A compulsory non-suit was offered
by the attorneys for the defendant
but it was denied by the Court.
The defense stated to the jury that
! they intended to prove that the plain
tiff was guilty of contributory negli-
gence in not turning up Main street
when he could have avoided the dan
| gerous ditch. The first witness call
| he was a borough commissioner at
the time of the accident and had
| served two or three terms. He knew
of the ditch and the condition exist
ing there. He stated that it was
8 or 10 inches deep and or feet
wide at the top. The sides sloped
gradually in to the ditch. The ditch
had been there for a long time he
stated and they never had any COM
plants regarding it.
| Geo. w. Penwarden was sworn He
| testified to being a member of the
! street committee and corroborated
Mr.. Genung's story. In the cross-ex-
animation he stated that the ditch
was there to carry away the water.
Mr.. Greene asked him that if the
ditch was necessary before the acci-
dent why was 1t covered up immedi-
ately after the accident? No differ
ent answer was given.
w. H. Kreitner stated that he liv-
ed near the scene of the accident and
considered the ditch safe place for
ordinary travel.
Martin Caufield, president of the
borough council, testified to about
the same thing.
! Mrs. Thomas Caniyan, who lives on
| Fifteenth street, testified to the oc-
cuTrance and stated that while at
dinner she heard a noise and shout
ing and running to the window ex-
! claimed, There is a runaway" She
saw Menner 4 Co.'S delivery wagon
come around the corner from East
street and when it reached West
street it swerved, broke the hind
wheel and fell over. She did not see
the man inside.
Mrs. w H. Kreitner told the same
story.
George Decker of Fifteenth street,
and Fred Weniger, of West street
also testified to the accident.
Wyman Kimble and William T.
Moore testified to the crossing on
corner of West and Fifteenth streets
TO be safe for ordinary travel, but
Mr. Moore said that If any one ever
went across on a trot something
would happen.
The only really conflicting testi.
mony was that of DR.. Harry b. Ely
who stated that he had made an ex,
animation of the plaintiff on Monday
night along with DR.. Burns and haC
found Mr.. Menner suffering from
heart disease, hardening of the ar
teries and also found shoulder
wound. He stated that he though
the operation performed in DR.. ReeC
Burns hospital was totally unneces
sary and that 1t was not a serious
injury. II would not disable hin
permanently from doing manual la
Dor.
On cross-examination he stated tha
he could not tell Menner's exact con
dition for he never had the oppor
tsnity of thoroughly examining him
He couldn't say how much he woulC
be liable to suffer in the future o.
! how much he is incapacitated in car
ing for himself.