Every evening, Wilmington daily commercial., 1918-05-23
JOSEPH BESTE SUES
P, B. & ". R. R. CO.
Seeks Damages Because Of q
Train Wrecking His
Wagon.

for damages began TODAY before Judges
Rice and Helsel and jury IN Superior
Court in the action of Joseph Bcste
against the Philadelphia. Baltimore "
Washington Railroad Go, growing out
of p collision between a tram and l5este
wagon ~ the crossing OF fhc Marsh Road
Tor the old du Pont road and the Della
ware division Of the railway line sBeste
WAS driving his wagon. loaded with ton
or more Of fat he was taking 10 his place
of business when the smashup happened.
He alleges the crossing is dangerous one.
that il is difficult 20 sec the approach OF
trans from the roadway. and that the
tram which struck him gave no whistle
warning His wagon was demolished, IFS
cargo scattered and he wns injured from
which injuries he still suffers
Percy Warren Green represented the
plaintiff, and Andrew G. Gray Of Ward
Gray Il Ncary, appeared Tor the de
PENDANTS.
Mr. Bestc in giving his testimony. sald
that on The dav the m,shap occurred hc
IVES driving To his hide-and-tallow factory
i'm q two-horsc wagon IN which he had
about =, 800 pounds. or $3.50 worth Of fats
and bones As he went along the road and
crossed the Shellpoi cni-oh he booked
ahead to see the crossing Of the Delaware
division and the road, not far away from
where the railway Joins the mann line ol
the Maryland DIVISION
The Marsh Road crossing Mr. Resfc
declared. Is dangerous ono because
vision Of the railway tracks f. the right
and left is obscurcd 10 person walking
or driving along The road because of tho
adjacent peach orchard house and barn
and some trees
He was driving along the highway on tho
dav in question. june ~. oi last wear. and
had taken good look ahead on passing the
Shellpot cutoff crossing He saw nothing
and heard nothing until he got on the
tracks Of the Delaware division
STRUCK pY TRAIN
Then he found train upon him
His wagon was struck and badly broken
up. the fat and homes scattered. and he
himself injured about the head lie had
tn be taken to the Delav are Hospltal
for treatment and was confined 10 hs
home for eight weeks he said aud since
then has been troubled by pains ~ his
head and nervous disorders which he
ascrlbes TO the injuries received IN The
collision. The wagon he SAID he couldut
replace under $500 now. although II rost
HIM less than that originally
Under cross-cxamnation hv Mr. Gray
the plaintiff said he had been using
the road for . wears and was quite
familiar with II II WAS drawn o1if
that tho county doesn't attend 20 the up-
keep Of it. hut that this has been done foI
some time hy Mr. Reste and another
Taken through the matter # obst aclee |
to VISION MIR Brste dnscrlhed the tree
that prevent complete view If north |
bound trains and tho house, barn and |
other things Obscruring southhound trains I
It was a southbOund tram that struck his |
wagon. He was looking FOR northhound |
train ustil he got on the track. when turn
ing his head he saw the eouthhoun9
tram upon him He had been satisfied
when he crossed the Shcllpot branch
that no rain was corning soufhbonud
The view there was such that trains
could be seen there although il couldn
be fixpi as either ? Delaware or Naryiand
division train until Il reached the junction
curve On redirect examination Nj
Beste said there WAS no danger sign st
the crossing on the day of The accident
SURVEY OF CROSSING
Charles F. Gr11bb. civil engineer. SAID
he had made a survey of the crossing
and tho nearby terrain and plotted them
The result was shewn in lorge drawing
admitted rs evidence and described /
orally There were two spots between I
the cutoff crossing and the Marsh road
crossing where southbound trains on the I
Delaware division couldn't be seen from /
the crossing, and ono place where for /
26 II feet trans could be seen IN tho distant +
curve Close upon the crossing or I
directly upon It the view Of course was /
open
4 passenger on he train sald he noticed I
no warning signal from the locomotive as
IL WAS approaching the crossing He (
was particularly observing he operation
of the train because he expected il to I
stop at the cutoff rs II had seemed TO /
hun usual from previous travelling on the /
rosd He saw Brste racllng on the road I
attcr the accident and noticed that he
was apparently dazed and cut about the
head He had first seen the wagon rs II
started to ovCrturn
Ilr Charles Bochm said he haI treated
Beste three days N succession aftcr the
accident and then gone on his hone,
moon. leaving the patient in care of
another physician Later on has return.
he treated Bes1o for pains in the head and
nervousness.
Another passenger on the tram figured
the speed Of the tram approaching the
Marsh road eros ing * thirty uHlc~ la
hour He heard no whistle sounded
Nalnuet !. INSSlngel, who on the NaN
OF the accident was dong sentry duty A.
soldier II the not fa1 distant Chrlstiana
bridge He sand he gave II the green flag
signal that The bridge was passabe for
II 1t was gong at a rate Of 81 or IS
miles an hour lie later saw the smashup
When BcSte's wagon FIRST came INTO has
view II was abon; . feet from the cross
ing ON the track ne saw the horses make
"a sudden lungc forward but he couldn't
say whether Bestc whipped them up or
MOI;
Mr. Gray for the defense said that IT
would be shown that Mr. Bestc, familiar
rs he was with the crossing and its Oh
strcted view drove upon il without
taking proper or ordinary precautions,
and that he had plenty of oppoTtunitv
to stop his horses When he had'a chance
to Wow tho track II was not necessary
he said. 10 prove that the road was not
8 public one since the plaintiff had said
il was privately kept up
The first witness MIR GRAY examined
was William Ivory, at the time Of the
accident employed hy the railroad and
working on the Chrstiana bridge He
sald he saw Bcstc team approaching the
crossing slowly 1t didn't stop nor did the
witness think it altered its gait Under
the witness said he