C. Lockwood, for Pltf., Cross.

attached to the engine. There were eight or ten men working in the gang that day. This flat car was about 8 feet long and 6 feet wide. The tool box was about 2-12 feet high and about the same width.

Q. There was plenty of room on that car for all the men to sit, wasn't there?

A. Well, I don't think it was any too much

room.

I had room enough on there, but I don't know whether any more could get on or not. I didn't look to see about that. There was a pump boiler down near the place where we were working. I couldn't say that that was used by the train crew to wash out their engines at the time.

Q. Didn't this engine that went down on this morning and took your tools down, and took the car down on which you men rode-didn't they go down to wash out their engine? Wasn't that one of the purposes of their going down there? A. No sir, that wasn't their purpose to go down there.

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I didn't notice if they washed out their engine while they were down there. I don't know 268 that they did go down there frequently and wash their engines. I couldn't say where Booth was riding when they went down to work. I was riding on the flat car facing south in the way we were going. The engine was behind me. When we went down that morning the track was rough, and the cars jumped around, so much so I noticed it. The track wasn't changed any during the day. We had gone about a third or half a mile towards Ischua from the point where we

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C. Lockwood, for Pltf., Cross.

started when the car jumped the track in the afternoon. The car jumped the track I should say about half way between bridge 49 and bridge 50. When we went back I was riding on the flat car facing towards Ischua. I didn't see Booth at all while I was riding on the car as I remem270 ber of. I didn't see Booth get on the car or engine; don't know where he got on; nor when he got on; nor where he stood. My attention was first called to Booth when the car jumped the track and he commenced to holler. I ran around and told our foreman and he came out there and we got the car off from him. We were detained there somewheres around two or three minutes on account of the car jumping the tracks. The car wasn't very light. The wheels were about the same size as the other cars. I couldn't just say what size that is. About 18 inches across them in diameter I should say. There were four wheels on the car, one on each corner. I didn't look at the track at all at that time when we were getting Booth out. Didn't make any examination for the purpose of seeing what caused the car to jump the track. Didn't examine the track or look at it in any way at that time. I didn't look at the joints where the injury happened; nor the size of the rails; nor the ties. Didn't notice anything at that time, I never looked at the point where Booth was injured. I couldn't go down to it and tell right at the very spot.

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Q. Did you ever look at the track within five rods of where Booth was injured?

C. Lockwood, for Pltf., Re-direct.

A. I have looked at it right along down there. Mr. Hastings: I didn't ask you that, and I ask to strike it out.

Mr. Spring: I insist it is competent. The Court: It would be competent but not responsive, technically. It being competent it may stand.

Q. Did you ever look at the track at any point within five rods of where this car jumped the track?

A. Well, now, of course I would not notice, whether it was within five rods, but I noticed the track right along while I was working there, and going over it.

Booth wasn't with me. He wasn't with me when I was up and down. Booth worked with me substantially all the time. I never noticed this track at the point where the car jumped the track, right at the point where he was hurt, so I could describe the condition of it.

RE-DIRECT EXAMINATION by Mr. Spring: Q. You did examine the track in the neighborhood of the place where Booth was injured?

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C. Lockwood, for Pltf., Re-direct.

A. From one rail over to the other?

Mr. Hastings: I object to that unless it is confined to the place of the accident. Q. In this same general locality.

Mr. Hastings: I object to any testimony as to the same general locality.

The Court: The witness will be confined to this place.

Q. In this locality.

The Court: The witness has described the rails and told the places where they were higher than others.

Mr. Spring: I didn't know that he did. The Court: And then there was an opening between.

Mr. Hastings: That is at some other point, Your Honor. He was specific and there can't be any mistake about his understanding, about answering that he didn't examine the track at any time where this injury occurred.

Mr. Spring: He says he can't just locate the identical point there, but what he did say, as I understand it—

C. Lockwood, for Pltf., Re-cross, Re-direct.

I am speaking of the place where he was injured, on the Scott place, just below Pettingill's. At the time this car jumped the track there were eight or ten men on it and the tool box and tools. The car just seemed to jump right up and jump right off the track. I should say the train was going then somewheres around 8 or 10 miles.

RE-CROSS EXAMINATION by Mr. Hast

ings:

Q. I want to ask you a question. You stated that you did not examine the track at any time at the point where this injury occurred?

A. Well, now, I couldn't say, not right at the point, like that. Not within a foot or like that of it.

I didn't make any examination of the track at the time the car jumped the track there. I can't say as to the condition of the track where the injury occurred, where it jumped the track.

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RE-DIRECT

Spring:

EXAMINATION

by Mr.

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