Daily Republican., 1884-12-04

OF TKUMP BROTHERS
DIsMIsHED-AeU SUIT fOR PEE.
AONAL DA IMAGES.

AONAL DAMAGES.
Court 70 convened at 3 o'clock on
Wednesday afternoon, with the Chief
Justice and Associate Judges Wootten
and Houston present. Samuel M.
Trump was re- called, and stated that
after Court adjourned he recollected
that the last OF the goods were shipped
from their works about O'Clock 10 the
afterpoon, and betweon three and four
o'clock he visited the Office Of his coun-
.el and had the attachment issued. He
rtcollected thst they found the Sheriff
inst as he WAS starting for New Castle,
and placed the writ In his hands.
Alfred T. Warner testified that he 10
a mem ber Of the firm or Charles War.
ner g. Co, and remem bered tho time In
last March when tho writ of attach
,pent was placed on these goods. He
was In tho Office at the time, and some
of the hands came TO him anc said the
Sheriff was on the wharf with Q writ.
Upon going out he found that part OF
the goods had already been placed on
the boat, and he ordered them to be put
in the rtore-house, subject TO the order
of the Sheriff. AS near as he could
tell i, was about 4 O'Clock In the after.
moon wheb the Sheriff came,
Thomas Walker MAthewson testified
that he Is employed by the Trump
Brothers Machine Company, and had
cleaned the machines number of times
while they were at the works; he had
been assisted by two boys. TIE ma
chimes had frequently been in his way /,
and the way OF the other workmen, and
they were obliged to move them very
frequently. Whenever the machines
were cleaned they had to be taken
apart, and II took the witness and two
boys about . week or ten days, TO 90
over the four hundred and seventy.
seven machines. They used emory
paper and cotton waste TO do the work,
and always woI ked full ten hours.
On cross ss-examination he said 1t wouid
not have heen possible for three men to
have cleaned them In ten days.
Charles NJ. Trump was sworn, and
testified that he remembered when Mr..
Kerns visited the shop to inspect the
machines belonging to Mr.. Branson,
and arrangements were made for ship
ping them in installments, as 10 was
more convenient 70 Mr.. Branson, and
made 1t easier for him to handle He
also testified In reference to the boxes
in which the machines were shipped.
Mr. Hoffecker stated that he had no
more witnesses and would rest his case.
Mr. Lore then moved for a non suit,
on the ground that the company had
entered into a contract with Mr.. Bran.
son TO make these machines and de.
liver them at the railroad depot, or
steamer, free Of charge, and that nc.
cOrding 10 their own testimony, they
had broSen that agreement, He read
the agreement, and said this suit WAS
brought under that instrument, and
that 10 provided that Trump & Brothers
should furnish the boxes for shipne ent,
while the bill of particulars had q
charge OF $50 for boxes.
MIR. Hoiiecker cOntended that q non-
suit could not be granted for any vio-
iation Of the contract by Trump &
Brother, a. !; had been annuled by
the action OF Mr.. Brauson himself,
and by the tuit and judgment In
philadelphia. Mr.. Lore replied, and
The argument was continued for some
time, when the Court delivered an
opinion granting tho non.suit, on the
ground that the plaintiffs had no cause
Tor action. az 70 make the claim for
storage wand, 1t should have been pre-
senied as soon as the suit was decided
IN Philadelphia, and the defendant
hotified, that unless the goods were
removed at once, he would be charged
htnrage.
jury WIS then drawn, and the case
OF Andrew w. Jones vs.. z. James Belt
was taken mp fer trial, with William B.
Barton and II Il. Ward, Esqs., for the
piaintiit, and William G. Spruance and
Charles M. Curtis. Esqs., for the defen-
This is suit for damages for injuries
received by the plaintiff, while In the
discharge of his duties as An employe of
the Arnoux Electric Light Company,
by the horse and wagon OF the defendant,
which had been left standing at Sixth
and Market streets, in front of his place
OF business, colliding with ladder on
winch he was standing in the middle OF
the street, fixing the carbons in the cleo
.ric II ght at Fifth and Market streets.
me plaintiff was thrown 10 the ground,
anu no badly injured that he has not
yet recovered.
Andrew W. Jones was sworn, and
Testified that at the time of the accident
he was employed by the Arnoux Elec
INC Light Company TO run their engine
and replenish the carbons in the lamps.
On January 10th, of this year, he, with
another man pamed Walker, took .
ladder TO Fifth and Market streets, and
placed it against the rope By which the
|electric light was suspended across the
street.
The witness then ascended the lad.
|eer' and, having received orders to
nave the globe washed, took it OFF, and
came down the ladder and gave it to
nis companion, who went into q store
III the vicinity TO wash 1t. The witness
,hen assembled the ladder again, and
looked up and down the street to be
hure that there WAS no wagon coming,
|Ana not seeing any proceeded 10 fl the
carbon. A minute or so later he felt
Esomethine strike the ladder, and was
|conscious that he was falling.
lie did not remember anything after
snat until the next day. II lis principal
tDJuries were on his left sboui,ier and
nee, ana he has not yet recovered the
use OF his left arm the pain was very
.esvere, aud he still suffers from the
nect OF Tie injuries. He could not tell
The exact time he was confined to his
ceu' but he knew he did not get down
etairs for two or three weeks, and then
aad TO be assisted back.
ne testified that at the time he was
nJured, he WIS making $l2 q week,
nu mat at 10 time since has he been
oie 10 earn more than 50 . week he
as been compelled in measure 10 de-
sna on his wife for his living, and she
as been obliged 10 keep boarders. The
EXAMINATION of the witness was not
n,shed Al o'clock, when Court took
recess for one hour.
Tue evening session opened at z
cIock, and Andrew w. Jones was
called, and testified that previous To
ne Time of his being injured, he had
HSh,s.aht employment, but had not been
oss 10 DO heavy work since. He still