The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-20
Supreme Judicial Court.
BEFORE JUDGE VIRGIN.

FRIDAY.-Dwight G. Parker VS.. Portland Pub
ishing Company. To recover compensation for in
juries received in falling down the elevatorway il
"Printers' Exchange" September 18th, 1875. Ad
damnum $4,000.
Some twenty witnesses testified to having carried
notices. advertisements or local items to the PRESS
rooms up stairs. after dark and handing them to the
night editor, or foreman Of the composing room, and
| to finding the hallway more or less dark.
George E. Rines, foreman of the Argus composing
| rooms, testified that plaintiff came to the Argus
room ON the night of the accident. He did not OBJ
any appearance of intoXication as far as his
| acts were concerned, but he smelled liquor. MT.
| Higgins night editor of the Argus, testified that
Mr. Parker was SOBER but that his breath smelled of
ale or lager.
This closed the testimony for the plaintiff and the
Hon. Thomas B. Reed then opened the case for the
defence He said he was prepared to show that at
the time of the accident all proper care had been
exercised by the defendant corporations, that the
hallway was sufficiently lighted and that the acci-
dent was caused by want of ordinary care on the
part of plaintiff.
Stanley T. Pullen, editor-in-chief aud business
manager of the PRESS, testified in part as follows:
The counting room for business and where the
books of account are kept is on the ground floor.
The rooms up stairs are editorial and composing
rooms. The counting room closes at about six.
After that time advertisements if carried up stairs
are received there, although We have attempted to
discourage that practice. Soon after this accident
directed the doors leading to the elevator to be
nailed up, but Thurston's people opened them for
their uses. was afraid these doors might be opened
at some time and the gate not be put up, and as
there had been bad accident there, concluded in
the interest of humanity to have light burning
there so that no possible thing that could do to
prevent such a thing happening should be omitted.
did not do it before because did not conceive any
danger. Our folks never to my knowledge have
used the elevator from the hall, but from the COM
posing rooms. The night of the accident was very
clear; the moon was near its full. On arriving at
the rooms about half-past twelve the night of the
accident found them vacant with the lights burning
as usual I proceeded to the job office below, and
there found group assembled around the plaintiff.
After he was carried to the hack, returned up
stairs, made inquiries in regard to the affair and
examined the place. found the doors of the ele-
vator open and the back in the neighbour
hood of foot. examined as to the light at that
time. The lower doors on Exchange street were
open; the moonlight shone in there very brightly up
the stairway; do not remember about the condition
of the doors from the Market street entrance. The
gasligh in the Argus stairway at the end OF the hall
was burning brightly and the direct rays fell within
perhaps foot or foot and half of the Exchange
street stairway. Light from the composing rooms
came through the window the door to the back
room, through the window over the stairway which
leads to Lime street, through the window over the
door which leads into the editorial room, and slightly
through the side window which opens into closet,
throwing the light direct to the eevatorway. That
gate could be seen with perfect distinctness The
light was such that persons could be readily dis
tinguished, as tested and the window frame, the
doorway, the gate, the elevator place could be |
readily distinguished.
George H. Lefavor, foreman in the PRESS COM
posing room, i'll his direct testimony substantially
the previous witness to the condition
Of things that night.
Cross. examined-I think have stated that told |
the PRESS people and Mr.. Brown Thurston before |
the accident that that was dangerous place and |
ought to be fixed, or somebody would get hurt.
A. A. Strout-S. G. Andrews for plaintiff.
r. B. Reed for defendants,