Show ARRING peeps and aw wn ifju coining coaling into Coll klun in adderi alderman van joa farrs barrs court on faan friday y I 1 morning nor ning january 2nd and 1885 air mr juhu john ina M D aff livery L ble keeper saied johei E I 1 Hed lunil I 1 a job wagon proprietor clr 0 r having through carelee negligence a and d t furios driving on the night ol 01 tho te of deamber ember 1884 18 84 en in lower fifth street ogden city col aided with and damaged pain taTe carriage to the af 70 mr aa A it heywood appt ppe ared for plaintiff and mr N X bie rhower for defendant plaintiff Plain tifT aud and hia his witnessed ea were sworn mr t that on t the 0 alight I 1 f T the w 1 december Df cember 1884 ha having iut just five t get to the depot to t he the C P train he hired hire a carrl asRal at the broom corner and mr john M dee drove him toward the de e ot when near there he lie felt ajar and the carriage tipped hii 4 the hooi bide ile the hersea being bei ngoh on the I 1 bard bf the bi dewalk L crass it was very tery rn not MC cc who was dr driving iwas ing the carriage hut but thought it wag mr dee wa was about 5 minutes on off the road goin tit 11 a trot ata ai modi rare rate the carriage went q alj culp itlo fu ma r llin tile and ji nd lipped over any sit w no ito other vehicle mar mr john M dee deposed depo ed thai that th owned h hy meare mea re darroll tar roll anddrew on ill thy r ill of december villa er he trove 11 mi timith tu I 1 I 1 the he depot dt pot it was it rainy night flight hut tit not very dark lark he could ath e well when two or three rods east it t the UAN U an RR R R irack lie thaw a emu and wagon erm lie I 1 rite L i tilt too tim much to tho ilig side I 1 11 it lier alerd d 0 the tile liv r hu ho oil la sig I 1 fitl t al a l that lr din u f I 1 M in ill li ar air aln N irwing ic wing 1 iu ditth t ilag m A tleta h tle alj i nn tilt ff if pulled lp tilled up ill hur aln alv aind c caid mill havi clond his MV vity had ilaf if ft tit gian if him hint ev if i 4 13 mi lit 15 the hag tai ag 11 with 1 i 1 carritt ci r the huh biti king kii lie tile JK ort oath of ali corriage cirri age chef 1 aig 1111 r irn aili tiel unil hu he lay on his hack back n a stumm it the hores holding on oil to the tile linea for fr dear eife the carriage cark iago then attick sit tick a posta p I 1 ahti where plaint to stop t the e j li got a from front burtia at the depot including meters fell ell packard aud anti smith who went back with him to the place and examined the tile fresh torn up ground dorle done by the broken spring ot the carriage carrill had defendant got anria firm hold hot of 1 hia li lines int and ho lie bren been paying attention to his bui buit lebs he lie could eat ly have turned abide aside and avoided a it collision he lie was drang at a fast trot the daniago done to tai the e carriage by creation of breaking tha the springs twisting the brono atz wn ainA i it lav nay when have have been earning 85 per day the L plaintiff lai litiff was wis driving careful wait ing for diesend defendant ant to to pass six inches e a of room roon would have sufficed cross examined mr travers was in the h habit abit of driving that team and ca carriage e plaint ial drove the horses hordes F poin eumea the horses were not the fastest team in town neither were they unusually fast the lamps were not lit mr travers was eating supper when the carriage carr carti irge oge started plaintiff a trot ill in themual the sual usual gail gal did riot 00 av stop between between the broom hotel and the colell bouw jc was on oil the bait side pt pi tJi eUtah j northern the T ife post p which was beruck waa was further fu on repeated Repeat cd hia hits evidence in chief A u fell fel 1 eq E q co corroborated crobo int t d th the e plaintiff US to the plowing ulof up of the road all the way from the buck back to to the post was not positive as to the he t height of the streetcar street car grade the tile carriage tracks showed that it had been driven as cloe clo e up to the eide a na possible the tracks were i trailed from fron the tilt adf amr side odthe 19 N track did not notice whether aker there was anything to indicate a collision r fu to the cour the fhe indication wae wife that tha pad pat d edich en ch other on the on plaintiffs I 1 8 alc of the road plaintiff was reckoned mck boned a it good driver dm er argeo mr aeo smith testified th that at be he drove a carriage carri anc corroborated tile previous witless us its to plait plaintiff iliff hav leaving I 1 jig iteen on hia his own owl bide side ot of the road and that there wa enough elloy gli ron r on for three carri gea to 14 pae Ila 15 I 1 for the defend dt felise mr air john jill K E the defendant dt il thai that there was us n cl cllvin liin laugh ter I 1 1 he lie had liml lart d rin irain the D A 1 it G aar n pp ap 4 it lluy 1 till ilia hia road home up fifth ar anft an ati he lie wah wf mt crint crins ih lit frock hf fit fi t ahi li hs of wirt wk sit 11 si 1 t 1 HIU till i ing lik 31 bivil 1 and l is it P lit him 1 t I 1 he alkes iw kes of hia his hind wilt eli el with the t single rafn alvi ghiors hordi 9 arre g ing of alow w the leijon happ happened happen eiml fd at ohp pot po t which ch he be hail flail examined and anti mca mra dured and found to correspond with the anif brown adam johnon and berrill cotro corroborated borated na as to axt aklu the merva OD on t the le vehicle vt mr berrill saw johnny astraddle of if that post 1 a t flow lie could run into it ai ing on an tho the right side witness child not pee see court to to 2 9 pin p in 01 at which lime both ides tt eted hm but thero wai wa i no rent for the tile anric ara who lery very ably cah for aown hla own amne 1 the co court u rt adjourned in order to visit 4 1 the ground aromi sing to give a decision on sat saturday aday nt at 10 am a ro jaurd JA ard 3rd JO am ILM waa riA ered i in n favor of if action no cause of defendant |