National Republican. (Washington City (D.C.)) 1872-1888, 1875-05-20
Equity Court-Judge Wylie.

Equity Court-Judge Wylie.
This court was engaged as follows yesterday:
Bishop VS.. Haight. Order for the issue Of q re-
strsining order for stopping some business opera
ginis. The order was made returnsble on the LIST
Of June.
ratification Of trustees sale. Adjourned.
Supreme Court-General Term.
Chief Justice Cartier, Justices Ola and Mac
Arthur sat in bGnc yesterday, and were en-
gagged as follows:
Patrick 6. Murray vs. Washington and George
town Railroad Company. This Is an action to
recover damages from the defendant for injuries
resulting 10 the plaintiff through the negligence
Of the defendant in lowering It's railroad track on
Seventh street, near the Post Office Department,
in the city OF Washington.
The facts established by the evidence set forth
in the agreed case are as follows: On the sd
day Of June, 1873, the defendant was engaged in
lowering its railroad track on Seventh street,
rear the junction Of street, in order to conform
to the new grade established by the authority Of
the District Of Columbia. The track was propped
up and resting on pieces Of scsntling about AKA,
and about four and half or i've feet long. The
track was so elevated from F street to a point
about $50 feet from street down Seventh, where
IL rested on the ground.
1t was necessary, also, to lower the tsr-main
running down Seventh street in consequence OF
such change of grade, and on the morning Of the
23d OF June, 1873, company OF men employed by
the water registrar Of the District Of COIum bia
was engaged in lowering the water main. The
water. main passes directly under the railroad
track. Before the workmen of the water regis
trar began their work on the morning Of that day,
the superintendent of the defendant directed the
foreman Of the defendants Workmen to knock the
supports from under the track, and let 1t down on
the ground. He proceeded to do this before any
one had commenced work IN the trench prepared
for the main. After he had struck one Of the
supports two blows he was stopped by the FORE
man of the water registrar, who told him, in the
hearing of the plaintiff, to let the track remain
Il was in order that his men might work to better
advantage. The defendants said agent then
went to another part of the work, leaving the
track resting on the supports. The wOrkmen OF
the water registrar then went under the track,
and began excavating In q trench about three
feet wide, dug to receive the Waterman. The
plaintiff was standing b y the side and under the
track, shoveling dirt away from the trench as the
other men threw 1t up to him. At the time Of the
accident the trench was about three feet deep.
The soil was loose and sandy, and the pieces Of
the edge Of this trench so dug by the water regis
trars men, and they in digging the trench under
mined the supports, and caused the track to fall.
In falling the track struck the plaintiff and car
ried him to the ground.
During the morning the plaintiff and the other
workmen employed there by the water registrar
were warned by the foreman Of the gang that the
track was in q dangerous condition and to be
careful. About fifteen minutes before the acct
dent q workman employed by the defendant
called twice to the plaintiff and told him to go
away from the place where he was working; that
each time by telling him "to mind his own busi-
ness"
The case was argued by Mr.. Totten for the sp-
pellant, and Messrs. Crittenden and Elliott for
the appellee. The case was not decided.
BuTDstine vs.. Orme and Connecticut Insurance
Company. This is a bill to enjOin the sale OF
certain lots. 1t was argued by Mr.. Bond and Mr..
Norris, but not concluded. Adjourned.