VOL. 34
BLOOMSBURG, PA. THURSDAY, JANUARY 5, 1890.
NO. 1
"i
MARTHi A- 0ASEV3 THE-RaaD
On Wednesday of last wthe
motion for a new trial in the of
t, William Case and wife again?' 1.
L. & W. R. R. Co., was argu fore
Judge Herring and on Sati he
filed an opinion refusing a n rial
This suit has attracted much Jtion,
because it has been tried e in
court, the first time oceunvinleek.
and the second time four j and
also because Judge Herring
erseu
Judge lkeler s ruling at the
and granted a new trial.
trial,
first
time, it was submitted to tli
Jy who
found a verdict of $5000
Mrs.
Case for injuries to herself,
p3ooo
for Mr. Case for loss of his
vices. The defendant fil
ser-
fcasons
for a new trial, and Judge
before the motion was arg
died
and it
came up before judge II
granted a new trial as abo
There has been so mm
of Judge Herring's action
who
ted.
iticistn
ciiisintr
to continue the case, and
direct
that it
mg a verdict for the defen
is due to the court that
opinion
filed on Saturday be publjl so far
as it contains a statementacts.
As to the refusal to dnue the
case on motion of the nl;iTs coun
sel, because Mrs. case v
sick and
unable to be present, the
iion says:
"Six times, before ami d
the trial
p aintifTs counsel, moved tJmirme this
case on the ground that MrJtse, one of
the plaintiffs, was sick and I'le to attend
the trial. The affidavits an
liunoiiy ns to
her physical condition show
Jmt she was
suncring irom "severe or
tnse nervous
prostration"'; that ever sine
in February, iS.j8 these at
I former trial
of nervous
prostration, although intercut, "came on
her with renewed severity" "t her condi
tion "now is worse tha 1 a I SP" and her
diseases are of such a nat Jhat she "will
never get well"; that preis to 1S94 she
weighed from one hundrcJ'l ninety to two
Hundred pounds; that nowP s a poor ema
ciated creature, whom
recogniie."
Dr. Howard, her atte
friends cannot
' physician, in
attempting to catalogue
infirmities says-
'She is suffering from c h of the bladder,
enfeebled circulation of f blood, nervous
prostration, constipation arrhoea, indigos
tion, falling of the womfnd uterine troul
les."
It was impossible to jss, even remotely,
when a person thus afflpl, might be able
to undertake a journafrom M chigan to
Pennsylvania to testify a law suit. The
very fact that ever sin J 894 she has been
growing worse insteapf better, rendered
still more remote the knee of her ever be
ing well enough to atd the trial.
Defendant's counsoesisted a continuance
on the ground that p testimony of Mrs.
Case had been takejon two former occa
sions; first on a rule take her depositions
and afterward, a yeiater when she appear
ed at the trial. Oupth occasions she was
examined vnd cw-examined at great
length and her tcsiiony written out, that
taken at the trial coring over sixty pages of
type-written matte It was urged that the
cases of the plaints could not be prejudiced
by absence of Mrspase, if her testimony, as
taken at a former jal, could be read in evi
dence. I
To the Court iKems that Mrs. Case had
been given a dout opportunity to testify to
every fact within p knowledge, materinl to
the issue; and threading of this testimony
in the present tnj would fully preserve all
her rights.
The cases had been pending for almost
four years, and men called were the only
cases open for t Jul, all others having been
settled or coiinued by consent of both
parties.
For these rcions the motion to continue
were over-ruled! and after mature considera
tion we can discover no mistake in those
rulings.
STATBMK.NT OF FACTS.
One of the plaintiffs, Martha A. Case,
bought a railroad ticket at Hillsdale, Michi
gan, for Bloomshurg, Pennsylvania, over the
Lake Shore and Michigan Southern Railroad
as far as Buffalo, and the Delaware, Lacks
wanna and Western Railroad from Buffalo to
Bloomsburg by way of Scranton. The ticket
was limited as to time ahd under the regular
tions of the Delaware, Lackawanna & West
ern Railroad was for one continuous passage
to Bloomsburg, without stop over privileges.
It bore on Us face this notice, "No aent or
employe has power to modify this contract in
any particular."
The plaintiff reached Scranton at 3:30 in
the afternoon of August 28th, 8g4. The
next train for Bloomsburg was scheduled to
leave Scranton at 6 p. m. Instead of wait
ing for this train, Mrs. Case within a few
minutes after her arrival, took a local train run
ning only as far as Kingston, an intermediate
station. At Kingston she left this train and
took another for llloumsburg at 6:5s p. in.
Shortly after leaving Kingston, she says,
she handed her ticket to the conductor and
said to him, "My ticket calls for liloomslnug
but I want to get off at Berwick, will yon set
my trunk off there please?'' The conductor
took the ticket but made no reply, folded it
up and handed it back to her. Shortly after
ward he came back, according to licr testi
mony and said, "I will take your ticket now
and see what I can do. " She then, gave up
the ticket and upon his inquiring for the bng
Race check, reluctantly gave that up. She
nowhere testifies that the conductor agreed
to let her off at Berwick.
The train reached Berwick at eiyht o'clock,
Slopped long enough to nllow plaintiff's bag
gage to be put off anil all passengers to alight-
The plaintiff and the conductor both agree
that it stopped about two minutes. Mrs.
Case did not alight with the other passengers
for Berwick.
Just as the train was starting to leave Ber
wick s ation, Mrs. Case went forward to the
brakeiin and said, "Where is the conductor,
find him quick, he was to set me off here."
The br.1kem.1n hurried to the' smoking car
ahead, brought back the conductor, and the
plaintiff twice repeated, "Why didn't you set
me off here, this need not have been, the
station was not announced."
The conductor insisting that the station
had been announced pulled the bell cord and
stepped the train. She then of her own
motion went out on the platform, down the
steps, the conductor helping her to the
ground and as she says, "in a gentlemanly
m inner" escorting her to the rear end of the
car. There he pointed out the light in front
of ihe station telling her to "go for that
liyht." He then jumped on his train nud it
moved off.
After repeated efforts on the part of coun
sel to have Mrs. Case fix the point where
she alighted, she declined even to approxi
mate it. The only thing that she would say
was that the train had "passed the depot.'1
Two of plaintiff's witnesses, Jennie Blecker
and Mrs. Averill, testified that they were call
ing that evening at the lock tender's house on
the south side of the track, about forty feet
below the station platform. Hearing th-s
eight o'clock train start, go a short distance
beyond the house and then stop, they went
out of the house and stood at a point where
they could look down the track. They saw
the rear end of the train about half way be
tween the smoke house and the lock tender's
house, about fifty feet from where they stood.
"A lady at the hind part of the car was
just about in the act of starting to walk as
the train was starting to move away," They
stood there and "looked at the lady a little
while." They saw her walking toward them
until she passed them within a few feet. "Go
ing toward the small platform." They saw
her pass safely the switch bars which were
below where they stood.
They then crossed the track and when they
next noticed her, she was in the act of fall
ing between "the small platform" and the
big platform. Another of plaintiff's witness
es, Al. Chamberlain, testified that he saw
her lying between the two platforms: another,
Harry Rhodes, that he saw her from the rear
window of the train as it moved away "stand
ing on the little platform."
What is spoken of in the evidence as the
"small platform" is in fact no platform, but
as described by plaintiffs engineer, a plank
covering for surface drain pipes, being about
seven feet wide and nine 'feet long, elevated
about five inuhes above the ground, and locat
ed about seven et beyond the station plat
form. The g.ound between "the small plat
form" and the end of the station platform
was smooth and clear of obstructions. The
step from the ground to the station platform
at its westerly extremity was about ten inches
high.
This "small platform" was distant from
the electric arc light suspended in front of
the bay window of the station one hundred
and seventy-six feet. It was distant in the
opposite direction from another electric arc
light two hundred and eighty-six feet. The
latter light was elevated above the level of
tho platform about forty-five feet. In other
words, "the small platform" was located
about mid-way between two arc lights with
no obstruction to cut oft the rays.
The accident occurred about eight o'clock
on a clear summer evening in the month of
August.
But notwithstanding the electric lights and
whatever natural light there may have been
at eight o'clock on that clear summer even
ing, Mr. Case testified that "it was very
dark", so dark that she "could not see
her own feet, nor the ground, nor the rails,
conld'nt see where she was stepping."
She admitted wearing a "thin loose veil.'i
and hurried along as fast as she could "to
meet friends" whom she "expected at the
station."
When her deposition was taken a year be'
fore the trial she testified, "I did go on a
run." This testimony, she corrected at the
trial, by saying, "I did not go on a run, I
hurried as fast as I could."
Mrs. Case nowhere testifies that she asked
the conductor or brakeman to back the train
to allow her to alight on the platform, nor
that she asked either conductor or brakeman
to escort her back to the platform.
CONCLUSIONS Ol' LAW.
Upon the facts as proved and shown by
the plaintiff's own admissions and the 11 ml is
puled evidence in the case, the Court felt it
his duty to direct a verdict for the defendant,
It is too plain for argument that the plain
tiff, Martha A. Case, left the defendant's train
voluntarily.
There Is'nt a panicle1 of testimony to show
that she was ejected or forced to leave
against her will. F.very act of hers, which
speak louder than mere wonts, is proof, pos
itive, that it was her desire that the train
should be stopped and she be permitted to
alight. Else why did she rush forward to
the brakeman, call for the conductor, and
cor iplain because she had not been "set off
nt Berwirk."
It is midsummer madness to contend that
she was ejected or forced to leave the train
against her will. No sane man could reach
such a conclusion after reading her tcsti.
mony. Having left the train voluntarily nt a
point beyond the regular station platform,
without requesting the trainmen to escort her
back or back the train, she assumed the risk
of reaching the station in safety and forfeited
her rights as a passenger.
But assuming that it was so dark, where
the conductor left her, that she couldn't see
the ground, her own feet, or the rails,
could'nt sec wheic she was walking did she
use ordinary care in "hurrying as fast as she
could" through inky darkness, with veil
over her face?
She was a person ' of mature years, a
'strong, healthy, robust woman," she knew
she was in a strange place, on the railroad
track, in pitch darkness. Yet she hurried as
fast as she could to meet her friends nt the
station without raising her veil or asking an
escort.
In voluntarily leaving the train where she
did, in darknes's such as she describes, and
hurrying forward over unfamiliar ground with
a veil over her face, she must be held to have
icen guilty of contributory ne ;ligcnce.
There is another phase of the case which
the Court feels called upon to discuss. Only
two witnesses saw the plaintiff fall. They
are Miss Blecker and Mrs. Averill. They
were subpoencd ami called by the plaintiff.
I'hcy saw the plaintiff first al the rear end of
the car where she was left by the conductor,
she was walking toward them.
They saw her pass the switch bars in safety
and continue up the track toward the "small
platform," "As she stepped from the small
platform to the ground she plunged forward
and fell."
It will be remembered that Mrs. Case her
self testified that she "could'nt see that the
platform was elevated." Here was a clear
summer evening in August about' eight
o'clock. The unobstructed rays of two arc
lights streamed upon this platform from op
posite directions; and yet Mrs. Case could'nt
see that the platform was elevated.
There is no allegation anywhere that her
vision was imperfect. The only inference is
that she did'nt use her eyes as an ordinarily
prudent person would under similar circum
stances and was therefore guilty of contrib u
tory negligence. Thee is no evidence that
she even raised her veil.
If in stepping from the platform tj the
ground under the mistaken impression that it
was not elevated, she plunged forward and
fell, she can blame no one but her self, for
if she had looked, she could'nt have helped
but see, that the platform was elevated. A
person is bound to see what their eyes will
disclose, by the ordinary and proper use of
them.
"A railroad Company is not liable to a
passenger for an accident which the passeng,
er might have prevented by ordinary atten1
tion to his own safety, even though the
agents in charge of the train are also remiss
in their duty. They are not insurers against
the perils to which a passenger may expose
himself by his own rashness or folly." Rail
road Company vs. Aspcll 23 P. S. 149.
Thus far we have considered the case with
out reference to certain facts disclosed in the
evidence, which tend to show that the de
fendant was not negligent.
The plaintiff's right to recover in this case
depends upon the liability of the defcandant
to respond in damage for its negligent acts
The burden is upon the plaintiff to estalv
lish the facts from which the inference of
such negligence can be legitimately drawn.
When a passenger enters into a contract
with a Railroad Company by purchasing a
ticket to carry her to a given distance, and the
ticket is a limited one, calling for a continu
ous journey without stop over privileges
neither passenger nor conductor of the Rail
road Company can alter or change that con
tract so as to make the company liable for
any failure in alighting the passenger at any
intermediate point; especially when the ticket
carries on its face the notice, "No agent or
employe has power to modify this contract
in any particular."
The contract between Martha A Case anc
the defendant Company was for carriage from
Buffalo to Bloomsburg, evidenced by a first
class limited ticket requiring a continuous
journey with no stop over privileges. The
defendant was therefore under no le-al or
contract obligation to Martha A. Case to an
nouuee the station, Berwick, by calling in
the car or any other way; Berwick being an
intermediate station between Buffalo and
Bloomsburg, aud not a junction point where
it was necessary to change cars.
Taking Mrs. Case's statement therefore a
trje that the station Berwick, was not an
nounced, the failure to announce the station
was not negligence 011 the part of the defend
ant. Nor was it negligence to stop the train
at the instance of the plaintiff and allow her
to exercise her own free will in voluntarily
leaving the train at a point beyond the station
platform.nnd before reaching her destination,
Bloomsburg.
'If a passenger is negligently carried be
yond the station where he intended to stop
and whre he had a right to lie let off; he
can recover compensation for inconvenience,
the loss of time, and the labor of traveling
back, because these arc the direct conscqucn.
cis of the wrong done to him." Railioad
Company vs. Aspell 23 P- S. 150.
Assuming that Mrs. Case intended to stop
at Berwick and had a right to be let off at
that station, and wai negligently carried be
yond it, it was her duty to remain on the
train until it reached the next regular stopp.
ing place, and then recover compensation for
the inconvenience, loss of time, and the labor
of traveling back to Berwick; but when she
chose to disregard this duty and saw fit lo
have the train stopped, and voluntarily alight
ed at a point of her own selection, she can
not afterward set up that such point was an
unsafe place to deposit a passenger.
Under the evidence in this case Mrs. Case
was entitled to one continuous ride from
Hillsdale to Bloomsburg. If she voluntarily
eft the train at any intermediate point, she
forfeited her rights as a passenger, and if in
ured after leaving the train through no other
act of the defendant; she cannot hold the de
fendant liable for negligence in allowing her
to alight at the place of her own selection.
For these reasons the motion for a new
rial is over-ruled and a bill sealed for the
ilaintiffs. 11V THE col'RT
URANT HERRING, President Judge.
Court Proceedings.
Court was in session a short time
on Saturday afternoon, The follow-
ng was entered on the Court minutes:
In re petition to change, alter or
amend, make anew, etc., the Deed
Indices, the Court order and direct
that a full and complete new Indices
to be made and prepared, White s
method of indexing to be used under
supervision of C. B. Ent at the ex
pense of the county, and that C B.
Ent enter into written contract with
G. S. White for the purchase of said
indices."
Hon. R. R. Little took the oath of
office as President Judge before C. B.
Ent, Register and Recorder, on Satur
day Dec. 31st. There was a short
session of court on Monday Jan. 2, at
which he presided for the first time,
but no business was transacted.
Court convened Tuesday afternoon
at four o'clock with His Honor. Robt.
R. Little and Associates Fox and
Kurtz on the Bench. Hotel license
of B. D. Morton in Greenwood trans
ferred to Calvin Derr.
In re-petition to change, alter or
make anew the Deed Indices of Col
umbia County. Petition of County
Commissioners to suspend order etc.
Order made Dec. 13, 1898 stayed un
til Monday of next term. Copy of
petition to be served on C. B. Ent and
also one mailed to G. S. White.
Bond of Annie M. Skeer, Guardaian
of Flora, Lloyd and Joseph Skeer in
sum of $40000 for each Ward hied.
Now January 3, 1899 all the Judges
of the several courts of Columbia
county having met at the Court House
proceeded to make appointment of
court crier, whereupon John S. Wil
liams, of Bloomsburg was appointed
to that position and the compensation
fixed at $2.50 per day; as heretofore
paid to that officer. By the Court.
Mrs- M-1- Hennessy.
A very sad occurrence, which it be
comes our duty to chronicle, is the
death of Mrs. M. I. Hennessy, which
took place at her home on West
Mam street, Tuesday afternoon,
from a sickness, with which she was
taken in the early part of December.
She contracted a heavy cold, follow
ed by the gripp, which is so preval
ent at present, and terminating with
that almost incurable affliction,
spinal meningitis.
The deceased was a daughter of
the late Peter Gross, was aged thirty
three years, and is survived by a
husband and two children, a boy
and a girl, aged four years and six
months, and one year and two
months respectively. She was a
devoted wife and kind mother, and
her demise is greatly mourned.
The funeral services will be con
ducted by Rev. A. J. McCann to'
morrow morning at ttn o'clock, and
the remains interred in Rosemont
Cemetery.
12th Regiment Soldiers Tired of War.
The effort that is being made to re
organize the Twelfth Regiment, N,
G. P., is not meeting with much suc
cess. At Lock Haven it has about
been decided to abandon the attempt
to re-organize Co. H. Ihe old mem
bers, who did camp duty during the
Spanish war, say that they have had
all the soldier life that they desire.
Auction I
The entire stock of Gidding & Co. (for
merly Jones & Walter), embracing about
Six Thousand Dollars worth of
EWM SKOBS.
Boots and Rubbers, for men, boys, women,
misses and children, a stock gathered to
gether from the very best makers in the
United States.
The firm of Gidding & Co. is going out
of business. The store is to be given up
February 1st. Avail yourself of this splen
did opportunity to purchase Fine Footwear
at a mere trifle. Every pair will be sold to
the highest bidder for cash,
SALE COMMENCES
Saturday Afternoon, Jan. 7th,
at 2 o'clock, and Saturday evening, at 7
o'clock, and will continue every day until
the stock is disposed of.
SEATS WILL BE PROVIDED
IPOS IC-AEES.
Those wishing to purchase at private
sale can come from 7 a. m. until 2 p. m.,
when the sale commences. Remember, ev
ery day at 2 p. m., every evening at 7 p. m.,
until the stock is sold.
GIDDING & CO.
J. S. Williams, Auc.
W SPECIAL NOTICE. The clothing
store will also sell everything, but at private
sale, at and below maker's cost.
The Leader Department Store.
Special Sale of
Muslins and
Lonsdale Cambric!
In taking inventory we found
some of our Muslins and Cam
brics had become slightly soiled
and mussed in handling, and
then we had too many brands.
Every woman knows what Lons
dale Cambric is one of the
standards of the country. We
have sold thousands of yards of
it for I2jc. You may have
1,000 yards at
10 YARDS FOR $1.00.
Lonsdale Muslins, from
to 10 yards for 75c.
CANTON FLANNELS.
9C.
Here are a few things, taken at random, from the special .
stock we have laid out for our January sale.
1 A 27 inch Bleached Canton Flannel, sold everywhere for sc.
10 YARDS FOR 37c.
A 27 inch Unbleached Canton Flannel, sold everywhere for 5c,.
10' YARDS FOR 37c.
A 30 inch Bleached Canton Flannel, sold evervwhere for oc,
10 YARDS FOR 70c.
A 30 inch Unbleached Canton Flannel, usual price, 6c,
10 YARDS FOR 50c.
We also show a special line of heavy Shaker Flannels at 6,
8 and 10c. Worth more money, but we want to move them.
RED FLANNELS.
During January we will give you 10 per cent, reduction on
all our Flannels red, white and gray.
BUTTER DISHES. Look in our 1
Fourth St. window. We give you a
S-lb. butter crock for sc. You have
paid ioc. for these and thought you
were getting a bargain.
PARIS CORN. None nicer 11c
a can. Uusually, 2 for 25c.
, CALIFORNIA FRUITS. We
The Leader Store Co., Ltd.,
Fourth and flarket Sts.
.A.T-
Counterpanes.
o-
Fruit of the Loom
What we said about quality
of Lonsdale Cambric is equally
applicable to Fruit of the
Loom. In fact, some years ago,
ladies did not consider them
selves well dressed unless their
garments were made of this
Cambric. Thoroughly honest
and reliable. We have sold,
cases of it at 1 2 Jc. We will sell
1,000 yards at
10 YARDS FOR $1.00.
Fruit of the Loom Muslins, .
10 yards for 70c.
have a special lot of Silver Cord
fruits. Rich, heavy syrup, 20c. the can.
FIGS. For cooking or cake mak-
ing, 2 lbs for 15c. Try them, but
keep them away from the boys, or
they will tell you they are gocj-1 tor
eating also.
'. I
rs:
X