Bridgeton pioneer., 1914-09-24
BRIDGEToN. N. j.. THURSDAY, SEPTEMBER "a 1914

and again on September 18th, last
week. He found her to be consider
ably improved last week from what
t was on March Sd.
Joseph B. Ennis. conductor of the
railroad train in question testified
that he was on the train on the night
of February 18th last, and that there
was no snow nor ice on the steps of
the. car when it left Camden; he ex-
amined them personally. When the
train arrived in Millville, tke steps
were in the same condition as when
the train left Camden. He showed
that the steps were closed in the YES
tibule and covered by a platform over
them only when opened for the pas
sage in or out OF passengers.
John Robbins, of Camden. assistant
foreman of the car cleaners, testified
as to the protection and condition of
this car. He tsaid there were no
steps on the car which had snow or
sleet on them when the car left tho
Camden station.
An Italian cleaner testified lat
there was some snow and ice on the
steps of the car and they cleaned it
off. 1t was tracked up by passengers.
Ignatz Ordnas, of Camden, testified
that he worked last February with
Capolda the previous witness. He
said he cleaned the steps of the car
in question. He said, This train not
much ice," indicating there was some
ice on the steps.
Conductor Ennis, recalled by the
defence, testified that people got off
| and on the train in the trip down
| somewhere between 20 and 80 pas
sengers on the trip. He qualified his
statement, on cross-examination, by
| saying that this platform was only
used at North Vineland, Vineland and
Millville.
With the introduction of several
more railroad men as witnesses for
the defence, the case closed
The motion was denied and the sum-
ming up was made. The Judge ex-
cused the jury for the day. He said
he would charge them this morning
u
When court convened at ] 10 O'Clock
this morning and the call of the jur-
ors and court officers was concluded
il begun to look as if the Governor
| Stokes cases against the West Jersey
& Seashore r. R. would be moved
The railroad men were plentiful in
court, and the lawyers on each side
were present, with their big law books
piled on the table.
Judge Carrow proceeded to charge
the jury in the Chard case against
the railroad company. He said this
case is an effort to charge the rail-
road company with negligence, and to
recover for the consequences of such
negligence.
| The plaintiffs claim, he said, must
be established by a preponderence of
evidence-careful evidence, not hap
hazard evidence. If the case is not
established by preponderence OF
evidence, he said she could not re-
cover. He gave a careful review OF
the circumstances of the alleged neg
| ligence and accident, as revealed by
the evidence as it had been given
during the trial of the case; the Judge
declared, however, that the plaintiff
woman's evidence was uncorroborat-
ed, but if it was true, the jury should
not hesitate to bring in verdict. On
the contrary, if the contention of the
railroad company was true. verdict
for the plaintiff should not follow
These points were for the jury to de-
termine.
When the jury retired, as above in
dicated, the Stokes case was moved
by Mr.. Louis H. Miller, Mr.. Stokes
lawyer.
The motion to go to trial was hotly
contested by Mr. Walter H. Bacon
who pleaded the absence of DR.. Mich
olson, very material witness, who
| is ILL., Mr.. Bacon contended that they
could not safely go to trial with this
witness absent. The case was finally
continued for time later in the term
l-probably the last week in October
! There being no other cases ready
court excused all the jurors and wit
nesses until tomorrow morning.