, 1881-12-01
Judge Wilson Upsets the Verdict
in the Armour-McFa adden
CaSe,,
MoFadden Went Through g Hatoh-
way, but Courts Don't Approve
Carelesness.
Continuation Of the Hearing OF
tho Old Peoples Home
Case.
A Row About Board which Ends: In q
Verdict for $1,000,
Record Of Judgments, New Suits, Di
vorces, Criminal Matters, Etc.

Record of Judgments, New Suits, Di-
vorces, Criminal Matters, Etc.
A 11ATC1IWAY VICTIM GETS LEFT.
Judge Wilson. Of the Appellate COURT. deltv.
erod MI up!n1Un Tuesday III tho cRse OF Armour
re. McFaddcfi. reversing tho dcc9aion Of tho
COURT below. The following Is MI abstrnct Of tho
opinIon:
Appellants wcro tho prnprietors OF packing-
house Ut tho Union Stock Yards. Tho appellee
was nnh bud been for several yenrs foremun Of
tic cspupernHc department., and fell through q
hhtehwMy and received an injury, to recover
datnnKcs for which this suit rms brought. Tho
declaration nlscyes that defendants Negligent
" permitted thn, sa!d hatohway to rema!n
@na Sa ,nas na0s o % Or os sfes e.
existence Ut Ito hittohwMy, and while pursung
hs business with roasonablo care, fell, was III.
II shousd be- shown. frst, that tho defendants
wcre guilty Of negligence: and, second. thut tue
pnlhtitr was IN tho exercise u reasonable care.
y bccotnes unnecessary to consider the 1t1es-
tho cyi'cucc for such claim; for, II II he con-
tlol1ary burners around the hallway, hayu retl.
derc1 It plce Ut loss daurcr. 1t !lo1s nut follow
that they arc therefore, 1laDie tho plaint!d
clse Of proper cnrc, havo avoided It. The rule
oi law ~ relation u uuntrtbutory negligence la
tGo efmi!nt of r. a.tnoritea 1o ueson, of 9aet
presented grc: First. wiIs theru t, tbo kfowleiRu
Ut appellee haruhway which was at the time
apprlco chargcnbiu with cureiesncss ii haylng
walked into III Aprcilco testified that be was
o sorant y q snd d, nst hp
That he hid llccn constantly in and about Tint
room for ycnrs, and espoGiA1y Ia yiew Of tlle
seems sonewiIat extraordinary, lie IL contra
d!sted Gy seycral u hjs own witnesses end ~ 81
,r,nny Witnesses that not onIy val he awnre Ut
tho 1xistunco Of the hatchway and of lis "a.
ncuicI lse In ekjduN barrels into ths baso.
1nsGt, ,, ~ @ him at hat eopahh f iht. bafes WeeS
leaked anj werp tiryS he attributed it
- 1helr bx tu,rea X wsonsly aon,teactod t5
c,ssr,I ow sEids 10 bo ,ui,dv. uppeilut, luseotoI
its Workings in con1pany Wild tho oarpenter,
Il nr.at ssu,.r1vst1ltt Owl. those ,fssI ls,fnr
Tnis : was prs'yen not ,ty o1S witncss. But Gy
inat,y. 0thor. witnesses testified that thoy bad
sSo:e s shpssS ss kasw
OF TIC existence ii the ha,chway. With single
excep.ion, 81 lae witnc.scs wao tostllel were
and ntt ur them Know, Of tho hntchway and had
lud 10 hotter Uunortinltics for knowing tho
sclt, Tuxcu % aIsogetaor, SUCH tess}inony was
CONCLUSIVE III 1hoWinY TINT nppclteo cithor
Intentionally faised, Or was arcut'y mistaken,
nrIor to tEo time Of tho Ncci(icnt Il wGs uppyc-
sssnry IL rI,aractertzc his Genini as pcriurT but
# ti1lnyDdnly frssf,I1od tb0 rnnncc 10 00 nlaoel
on t,fhgr nnrt}ons of hts tusttmony.
WAS npileIlre in tho exorclsv Of due earn ut tho
tins ~ fo nttr,fnmtY n nf,fjso s,yt1rn that tfe
suyontccn wintIuwa or tht, rDora Vcre unrkcnpd
i,v lin shutters hcinr n|ttsed. Ho was tho orly
WItness who so Bwurr:f On The Uthor hand, the
prnprlntnr. tho cnrnnuter. and othcrn Testified
lat moi oily wcru tho shutters not c,oseI, but
thut thero wura fio sbuttursltO tho bi,lIjnR, An
ncIlpo testified 10 tho usiRte,icp Of a Partition
whicE shut bit Tho Nhht. Thu carpentor
and othorB fesfl!]ed ttlstR s1tfur to and at
tho time OF thu . .nuo41ent. there was
no such partttion. No rUoiI waa thus left for
,lou1t thai, lin rcstcct 10 tho ahuttor9 aud tbo
pNrtlt1on, appellee testified uutruthtuIIy. Ap-
pcleu testified tnt when I'd full bg walked Into
tto oticniug. because DO could not zee It; that
the room wss . darkeucd torn," aud be could
According 10 all tho othor witnesses, tho hatch.
OH end, Assuming, under tho cylnence, that
those barrr9s cpullj have bcen soon, it was dill
cult to account for bis fnlel,ro to 70 around
them lnHttn,d of walking directly toward them
nnu into tbe hatohwny unon Hliy utbor bypo-
thcsis thnn ta0t when be fci i'll hu Wab j0uk-
in9 III soin0 other direction, Or that
f0r sono ruasou his MIMI WAS 80 tn1on
ubsorbcd at tbo tlulo uoI.,out that he did not
notiee ths d,rcgtaon be was iakIng, As thero
esne around thbae stantiInr harreIs. cithar Nv
nuthests would be rya sUunGle In lie absolce Of
tlefcndant sald That appo!Ieo "was talking to
some ol his own men Denina PUP. ana hls aoaa
mnt ,onk trw IL, ia sitrnc,nn h., yn. w1ik,nH. II
{hle WA lhe only cyidoncc cotltratllotosy IT 40.