The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1916-03-11


ants counsel that the case be taken
from the jury on the ground that the
plaintiff had not established any neg
ligence on the part of the defendant,
and that his own negligence and that
Of the other occupants of the hack had
contributed to the accident since they
could have controlled the driver.
Thursday.
Court was not called until 104O
o'clock, owing to consideration OF the
defendants prayers offered at We'd
nesday's night sessions. Judge Ad-
kins announced that the Court, after
full examination of the authorities
cited in the argument, had concluded
to reject the prayers offered by the
defendant, but was not to be under
stood as passing in any way upon the
merits of the case.
Mr.. w. 7. Warburton then made the
opening statement for the defendant
which mad been reserved. 1t would be
proved that on the night Of the accl-
dent there was an is now at Singerly
crossing d bell which begins ringing
when trains are at quite a distance
above and below the crossing; that
the train alleged to have caused the
accident reached Singerly at l2:4l a.
H., and was running about 90 miles an
hour; that the whistle was blown we'll
above and near the crossing. 1t would
also be shown that the engineer,
most careful one, saw nothing on the
crossing He was informed on reach
ing Baltimore that his train had
struck team at Singerly and killed
severa. men. The engine, newly paint
ed, showed no signs OF contact with
any object. The cars had been in
spected and at the rear end Of the sec
ond one long hairs from a horse were
found, as also a bent handgrip or hold.
Another bent handgrip was found at
the end of the third car. 1t would be
shown also that there was a reflected
light burning at the crossing and also
lights at the station and that people
nearing the crossing had fair view
of the tracks within safe distance.
Competent physicians, too, would tes-
tfy from examination of the plaintiff
that he was now in sound health. With
the proof of the facts enumerated, he
would ask the Court to instruct the
jury to find for the defendant.
Robert Campbell, for two years past
station agent at Singerly, was called
and with a rough sketch he had made
and some actual measurements eX-
planned the situation at the crossing.
There are five tracks on the crossing.
The third from the North side is the
West bound and the fourth the East
bound track. the others are sidings.
There is Il three-sded lantern lamp on
the crossing, fixed to telephone pole,
about 6 feet above the planks which
lights the tracks. The lamp at the
station could be seen 600 steps up the
Cherry Hill road From the first sid
ing view can be had for 1900 feet up
the road. There is nothing to obstruct
the view up the road from the first or
the second siding. The South side of
the warehouse facing the tracks is "a
The crossing bell is on the left hand
side of the public road about 6 feet
from the edge. 1t rang before 10 p.
NJ, when he left the station, on the
night of the accident and rang for a
freight at a. m. the next day. Lut-
tons Corner is about half mile and
Cherry Hill mile from the crossing.
The crossing light is reflected upon
the tracks and does not shine out upon
the road. He did not know when he
had cleaned the lantern sides before
the accident; when they We're very
dirty the light was very dim. The
station light merely lights the plat
form and is of no service to people
nearing the crossing, which is l2l feet
from the station.
J. C. Bernard. B. & O. R. r. signal
repairman, works along the line from
Belvedere to Newark, about 10 miles,
maintaining the signals. The crossing
bells on his beat, at Singerly, Elk
Mills and Newark, are worked by
trains acting on relays of open and
closed electric circuits. The bell at
Singerly will be set ringing by Il
Westbound train when 5940 feet from
the crossing and by an Eastbound
train when 22l0 feet distant Besides
the three bells there are twenty-seven
automatic signals between Bevedere
and Newark. He examined the Sin
gerly bell on the day of the accident
and found it in perfect order, and
heard it ring for two Westbound
trains while the people who had fig
ured in the accident were waiting for
the local train. w. H. Frazer, Ber-
rard's assistant, was at the cross
ing just after the accident and saw
the dead horse and damaged hack.
Three trains passed. one the local, and
the bell rang for each train. The re-
flector on the crossing lamp throws
the light upon the tracks and toward
Elkton. He could not recall what
work he did on the day of the acct
dent
DR.. H. A. Cantwe'l, of North East,
was called out of the order of wit
'ssee and testified that he went to
attend Mr.. Harvey last June, when
he heard he had fallen from tele
phone pole, but found he was not in
iured and simply advised him to rest
for a while upon lounge
E. f. Evans, Chief Car Inspector of