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Show OR. H. B. FORBES IS ON IRE WITNESS STAND This morning Judge J C. Call denied de-nied the motions for non-suit and dismissal on the part of the defendants, defend-ants, in the case of Vlnnie Neider. administratrix, against the Utah Light A Railway company and Dr H. B. 1'ori-ies. .md directed that the defendants defend-ants Introduce testimony in their behalf. The Utah Light & Railway company rested its case without introducing testimonv, the attorney stating that the plaintiff had used its witnesses who gave all the facts of the case, immediately following which Dr. Forbes took the witness stand in his own behalf The doctor stated that on the mom ing of February 16. 1014. he had occasion occa-sion to drive his automobile over Lincoln avenue in the vicinity of Twenty-seventh street, and that he suddenly came upon an embankment which he thought was an inflilled trench When he reached the top of the bank he observed an open trench, in which a man was working, within a few inches of the south line of the loose dirt He said that he 'veiled to the man" and Immediately applied the brakes on his machine, not soon enough, howover to stop the machine from going Into the trench. He stated that the machine was checked In its speed so that it moved Blowly into the excavation. The man working in the trench was caught about the head and neck, between be-tween the front wheel of his car and the south bank of the trench He called for help to get the man out and he administered first aid to him on the bank. The doctor stated, however how-ever that Mr. Neider was so badly injured that medical skill could do no good The witness stated that the road was rough that morning and that he was driving his car no faster than six or eight miles an hour Ho had crossed infilled trenches along tho avenue, prior to reaching the trench where Mr. Neider was working, and he did not hesitate in attempting to cross over the embankment, as it did not occur to him that there was an open trench on the soutli side of it He said that the automobile entered the trench so gentlv that it was not damaged The case was resumed this after-noon after-noon and Engineer H. J. Craven was the principal witness. He testified that he made measurements of the embankment the day after the aci-dent, aci-dent, and found the north bank to be 18 inches high, while the embankment on the BOUtb side oT the trench was about 12 inches high. 1 |