Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-05-25
TNRD EDITION.


Immediately after court reconvened
ahia morning Mr.. Bradford resumed
his Augment for the defendant in the
oasa Of John W. Foster vs.. Lea Pussy.
ne reyised tie evidence that had bean
aiven for the plaintiff, and said that
sha areater part Of It was absurd and
rouid not To believed BY the jury. he
ssid the accident was caused by the
oareleesuess OF tie plaintiff, who COM
rnitted . foolish act In placing his hand
IN the maohipe. The evidence ehowed
that there was another way Of cleaning
the machine than by putting his Land
near the cylinder, and hs be did put
HIS hand there, he did II a. his own
riak, Mr.. PuLey cannot he hald re-
sponsible for this, as the plaintiff has
admitted time and again, Ne shown by
the evidence in this case, that the aeci-
dent was his own fault and that no one
bat himself was to blame.
Mr., Bradford concluded at IL O'Clock,
and vas followed by Mr.. BIRD with his
closing argument fer the plaintiff. He
o1ntsnded that Mr. Putey conducted
his business in negligent manner, and
that through negligence the plaintiff
had Loaf his hand. He said that 1t
was not disputed that this machine
was out Of order, and on that fact he
rested bis case. He said that while
he had no doubt the heads Of many In
dustrial establishments were watching
this trial and aHxlously looking for the
verdict, he did not want the jury 70 for
get that there are thousands Of mechan.
les and laboring men who are as deeply
and even more deeply interested. In
conclusion he begged the Jury to act rs
they would between man and man, and
rs they would wish 10 be acted by
themselves n hey were In this plsin-
tih's p hce.
he finished his argument Mt IL 10
O'Clock, WHEN the jury were charged by
the Ohiet Justice.
He held that while IL was an en-
ployer's duty to tee that his machinery
vas mot detective, and In proper order,
1t wss also the duty Of the employe to
exercise proper care and caution. IL Is
the duty OF master TO privide his ser
wants with reasonably safe place to
conduct his buslu 1855 and safe machinery
to do his work with. Some employ.
ments are dangerous, and when o man
accepts position OF this kind he taker
upon himself the risks.
But II there AIe other and outside
risks connt c.ed with the machinery
which are pointed cut to him, he cannot
claim compensation for any damage he
may reosivs II he remains in the ser
vice. Bat II there should be o defect In
the machinery which increases the risk
OF working with II, and he calls the At
tention OF the ms.tsr OF his agent to II
and 1t 10 not repaired, he can hold the
master liable for any damages he may
sustain through such defect.
Bill, II the servant, knowing the ms
chipe to be defective, should still con
TIME to work it after waiting . reason
able tins TO have 1t repaired, he waivei
his right fer compensation. In THU
case, II the jury believed that the plain
tiff thrust bis hand into the mHohint
without fret stopping II, the Acclden
Waa the result Of his own oAreleesnese
and be is not entitled to recover.
But If the jury believed that the ms
ohinery Wa defective, and was Rllowet
to remain 80 through the defendant
negligence, then their verdict must b
for the plaintin. Tie charge was I'm
tshed, and the jury re1ieed at IL q
O'Clock.
A jury Wns then drawn in the casa o
Francis A. North & Co vs. William s
Martin, with Thomas Davis, Esq., 10
plaintiff and John Il. Rodney, Esq
for the defense. Shortly before
O'Clock Court took recess until
O'c.Ock,