Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1888-04-19
Dolan vs.. Q. s \. w. Rr. CO.

DOlan vs.. G. & n. w. Ry. Co.
The case Of Thos Dolan vs. the Ciica-
go & Northwestern Railway Company
wasetfiea ID Madison last week before
Judge stewegt Is the Dane county
Circuit CeufR Bushnell & Watkins
plaintiff attorney 5, assisted by w. II.
Rogers. Of AIadison,and Jenkins, Wink
Ter &c Smith Of milwaukee, defendants
attorneys. assisted b. L. P. Villas, OF
Madison. II will be remembered by
HERALD readers that Dolan sued the
company for $4,000 damages for
injuries received in the Pine Bluff cut
collision in October 1886, whereby he
was horribly crushed, bruised and
burned and in consequence lost a leg,
and was disabled for life. Dolan was
ION time with his passenger train and
was in no way negligent on his part,
but the company had that morning sent
out an engine and tender manned by
only an engineer, Martin Kelly, and a
fireman to run from Madison TO Cobb
.'as wild train under control Of the
engineer This wild train met Dolan
on 4 short curve in the cut, where they
could see each other only a few rails
distant Dolan threw on the air brakes,
cut off steam and was in the act OF
reversing his engine when the two
crashed together aud Dulan was pinned
fast in the wreck Kelly jumped off his
engine and was unhnrt Dolan stuck
to his engine, sIackened the speed O
his train and not passenger was in
juredpbut he.was crippled for life.
The. company claim agent, Richards,
promised him that, His wages should bC
paid monthly until he recovered, but
they never paid him cent. H{
The company's printed rules for The
goyerRment Of their employees required
that aa extra engine seit over the road
''iaust8n all eases follow u regular
freight train unhss otherwise ordered
By the Superintendent lin which case
it becomes. y section Of such freight
Train and runs on its time;, also that
trains shall run ;glnder the orders OF
their conductors Gapdf that the ICON,
daetor win have cbarge.and control Of
the traiu;'' also that conductors and
engineers of trains must compare
watches before starting and carefully
compare all orders received, and there
il no provisions In thchsrale for an en-
gineer TO have charge or control Of a
train or for the sending ont 81 m engine
Withnny train. without q conductor.
Dolan's attorneys insist aipon numerous
otherpoints IN these rules as showing
that they do not contemplate that any
thing in the shape of u train shall be
sent over the road without having
thereon'two experienced railroad men,
viz. conductor and engeneer, the con
ductor to be in control but both held
for compliance with all the
rules Of the company and all orders for
the safety Of the lives, limbs and proper
II Of the public and employees.
Kelly, the engineer Of the wild train,
testified chat he never pretended 70 be Q
conductor; that an His eX-
rs fireman and engineer was
in the employ Of the c. & N. w. Ry.
Co, and that all the examination he
ever had rs TO his competency as an
was as to his knowledge Of
an engine, and that by the foreman OF
the narrow gauge round-house at
Galcna. It did not seem TO have been
expected that he was to control the
running Of trains and the meeting and
passing Of other trains
All testimony as to the dangerous
character of the cut was excluded.
Promises 10 widen it by cutting off the
bank on tile inner side of
the curve, So that engineers OF engines
it from opposite direc-
tons. could see each other far enough
apart to stop aud avoid collision, were
held immaterial About be amount
of it seems to be. that Judge Stewart
decides that one head is just as good as
two; that neither the rules of the COM
pany nor reasonable safety require an
engine and tender sent over the road
sas wild train to be manned by
more than an englneeer and fremen,
40 matter what train it has to meet;
that railroad companies may set men
TO running trains who never pretended
to be competent as conductors. and as
to whose ability to read and under
stand time card, they take no pains to
find out;and that promisesof an employer
to romoye danger which it is masters
duty to remove, do not excuse an en-
ploye for remaining in that masters
service and enable INN to recover if in
iurcd by reason Of the cause Of that
danger We understand that it has
long been the rule with the ST. Paul
road, and Of the great majority OF the
leading roads Of the country. to send
no engine over their roads without q
conductor, not even when it follows,
and is a section of another train. If an
81 gine alone were much easier to pass
by aaother train, on single track.
ulan it would be with forty cars behind
it, we can see that this rule might not
be necessary. Plaintiff was non-suited.
Dolan has directed an appeal to the
supreme court forthwith, and he may
have the assurance that hosts Of friends
il Lancaster are Interested in his efforts
to obtain Just damages for thus being
deprived Of his ability to follow his pro-
fessi9n. ard that without any fault of
his own.
Misses Maggie and Carrie UT daagh
tiers Of d. d. UT, arrived home from
California last Monday We have in
our office q specimen Of barley, grown
this year on the farm Of win Bonham,
son Of Uncle Harvey Bonham, at Lin
den, Cal The stalks are over three
feet long aud are Just heading ont.