The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1913-01-18
Heirs Of Man Killed BY Accident
Claim that Death was Caused
BY Defect in Grading
Street
CONFLICT DEVELOPS
In TESTIMONY
Witnesses Differ in Statements as
to Condition Of Street---Ver-
dict is Expected this
Afternoon

The case against the city, wherein
The heirs Of William White are asking
for $4,000 damages, continued all day
Friday and opened early this morning
with r. a. cranwell county surveyor,
on the witness stand Tor the defense
During yesterday the plaintiffs intro
dueed many Witnesses whose testi-
mony was Intended to prove the con
dition 81 the street and ditch which
is alleged to have been the cause OF
William Whites death.
On July rs. 1912. William White, a
farmer living east oi the city. was
hauling a load Of balcd alfalfa hay to
the home Of Dr. Dawson On the
wagon with him was his son. a boy Of
some Is years OF age Travelling west
on Arkansas avenue. they came to
Tenth street, which street had re.
Gently been graded AT the interscc-
tion Of Arkansas and Tenth, or near
there, witisaa Niaiiss, together = in a
portion Of the load o. hay was thrown
Qr fell from the wagon White fell in
front " sthe wheelsl one of which pass
ed over thy bale Of hay and descended
upon bis head. causing his death al.
most !a.medlately.
The plaintiffs Ia the suit claim that
on the west side oi Tenth street, the
eurblng was LETT In such condition
when the street was graded that il
was impossible TO drive over 1t with
any degree OF safety and that a ditch,
on the west side Of the street, was
the direct cause OF William Whites
death Testimony for the plaintiff was
rendered to the effect that on the east
side Of Tenth street, the wagon was
compelled 70 pass through soft dirt;
that the street had been graded to a
higher elevation ia the center and that
al the west side OF Tenth street a
ditch, the west side Of which was per
pendicular. had been left by the grad.
ers The ditch. said the testimony.
sioped from the east and was some i6
inches deem and the theory was in
troduced tliat the wagon having reach
ed the Pop Of the grade, in the center
ol tile street, descended 70 the west
with such force that when the wheel
struck the alleged ditch. the deceased
together with a portion Of the load
was thrown from the wagon The tes-
timons further intended to SHOW that
when the wagon started down the west
side OF the graded street. ii Travelled
with such force that the team could
not hold it back.
A sharp conflict occurred in the tes-
timony as % the nature Of the ditch
on the yves side Of Tenth Mayor
Burtons testimony showed that the
embanlmcns on the west side Of the
ditch IN question was not perpendicu,
bnt had been LEFT in D perfectly good
condition. with slopins sides. that Il
was not more than six inches deep,
and that had anyone driven carefully
the crossing could have been nego-
tIated IN safety. The defense claims
that the ancident was due to the care
less driving Of William White. stating
further that the ditch was necessary
as gutter or drain IN case OF rain
]. A Brodie vas called to the witness
stand for the defense and stated that
on the day Of the accident he had
taken three photographs OF the inter
section OF Tenth street and Arkansas
avenue The photographs were intro
Clced. purporting to show that ths
street and crossings were in good con
dition.
All the testimony was in beffre
noon and The court adjourned early &
allow the jury to make trip to th'
scene OF the accident No new feature
was brought out IN the examination o
witnesses this morning and at moor
the case presented a flat contradiction
of testimony regarding the ditch p
question When court convened thi
afternoon there was nothing loft bu
Judge Bailey's charge to the jury ant
the summing up and argument OF th
case by the attorneys. II was expect