Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-11-05
VERDICT RETURNED
AGAINST SANTA
FE RAILROAD
Jury in sedillo Case, After
Seventeen Hours Delibera-
ton. Awards Mrs. sedillo
$4,000 Damages.


w Tho Sania re railway. returned
q verdict for the plaintiff IN the sum
81 f5.00e
The casc. which grew ous ~ tho
death Ok plaintiffs hushard IN the
Albuquerque switching yards az the
railroad. was given 60 the jury last
niehi az 8 O'Clock. This morning at
10 the fury filed into the court room
and the foreman announced that thoy
had been unable 90 reach verdict
After receiving further instructions
from tha court the jury again retired
Wiih the result that an hour lat"r
they agreed upon a verdict for the
plaintiff
In his final instructions 90 the
jury. Judge Pope aaylaed thom that
u q small minority of their number
was standing out against the opinion
II great majority u WIS the
duty Of she smaller number 90 care
fully consider the views of their as-
soclatoe and to Ask themselves
whether or moi any opinion held by
them ~ So the facts was well based u
e had failed 10 impress the minds OF
the great majority Of their fellow
jurors as sound The court pointed
oui - the jurors that Il was the duty
81 n juror 10 adhere 10 any consider
tious conclusion he had reached upon
fair consideration OF the whole eyi-
donce. but II was likewise his duty TO
listen attentivciy and 60 give due
weight 20 tho opinions Of his fellow
Jurors and not To- adhere obstinately
90 an opinion not supported by roas-
ems that made an impression upon
his associates.
To these Instructions Captain Reid
for the defendant took an exception
which was duly noted Ia the record.
Captain Reid Ia addressing the court
GA support Of his contention that the
Instructions OF the court were pre-
judicial 70 the railway company's case
pointed 20 the fact that all save two
81 the Jurors were native New Ncxi-
cans
The case was stuhhornly contested
by both sides from start TO finish and
presented many features Of Interest
to tho general public.
sediilo the deceased was inst seen
alive IN n saloon IN Albuquerque ~
1850 In the morning; and. according
20 the evidence. his manglcd remains
were found IN the lower yards Of the
Santa Re al f;45 the same morning.
To had evidently been killed by some
cars being handled by the switching
crew. but NO member Of the crew saw
him or knew of his death until the
remains were found upon the track.
In order 90 recover. the widow had
Ia prove that he was on his way home
upon some road or crossing that was
used by tho public, and whore the
railroad employees should have eN-
pected that person might he travel
ling. that while on such path or road,
and himself using proper care Go see
Is any cars were approaching. that be
was struck 81 the railroad company
cars az time when they gave mo-
signal nor had any lights on the front
OF the train or ears that struck HIM
/ A. the place where the body Was
I found was some four hundred fe's
| from any such crossing. and there was
no eyewitness 90 the event the widow
was Obliged 60 prove an those facts
ia the satisfaction az the jury hy Cir-
lcumstantial evidence.
| The habits of deceased as 20 the
use Of "a certain path, footprints upon
this pith deep heel mark embedded
between the tracks where this path
crossed the first track. the fact that
the footsteps ended al that track and
could not be seen beyond b.. tw0
marks or lines between the rails lead-
ing from this heel mark 90 the spot
near where the body --as round. 90 a
switch where ono 81 the feet oi tho
deceased man had becn severed and
was fast in the switch, certain cries
Of distress which had been heard by
The mother of deceased. who lived Ia
a house about opposite from the point
where these footsteps led, and which
cries seemed to move away from her
ns they continued ana which were
held sufficient to show that the dee
lcoascd while walking along The track
on this why home was struck hy mOt
Ing freight ears. knocked to the
ground and draggod under tho car
while be chung 90 some portion CRYING
ont for assistance, ana that no rail-
road emplOye. brakeman or switch
man was located upon or in charge Of
these cars. else they would have heard
him that be WAS dragged over van-
GUS switches until his heel being
caught in frog. he was pulled loose
from his position and crushed "a
! death on tho basis OF these facts
the jury found that the accident rad
occurred in the manner claimed on
behalf of the widow and rendered
their verdict accordingly
The path along which the footsteps
led was AN ola one and crossed the
upper end OF the railroad wards "a
the Texas OH compauys plant ant
much time was spent and variuu.
pictures introduced iu evidence d
show that this path was cugt0marill
used hy residents Of San Jose Do
passing Co ana from the city of Az
buquerque This point WINS stub.
horuly contested hy tho railroad com
pnny, bur The jury found in favor OF
the existence of The path and lts us
lago by the people ns claimed hy ms
plaintiff and thnt 30 waf The duty col
inc railroad company to ufp reason
lahie care "a find out whether people
were passing across this path at an'
time and 90 avoid iulurins them am,
this &c appears had not been done.
The casr iR an Interesting one ri
wfll upon the question as tu iho dut'
~ inc railroad company to gnar'