The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1889-05-25
The ,Jury Failed to Agree.

The jury Failed to Agree.
In the Superior Court at Wilmington
Del, the case of Mrs. Henrietta V. Parvis
VS.. the Philadelphia, Wilmington & Bal
timore Railroad Company was submitted
to the jury at 11.25 o'clock Tuesday
morning. Albert Constable, Esq, made
the closing address for the plaintiff.
AT 10 50 o'clock Chief Justice Comegys
began his charge to the jury. In opening
he compImented the attorneys on their
management of the case, their ability and
reputation. The chief justice spoke for
thirty five minutes. With regard to the
testimony concerning the ringing of the
bell as the train approached the crossing,
the chief justice said that that question
should be left for the jury to decide. DR..
| Parvis was bound to use such care and
diligence as reasonably prudent man
should use under the circumstances.
Railroad companies must use care in res
pect to the rights of individuals who ap-
proacb the crossing. The care should be
in proportion to the danger and the COM
pany should give proper warning when
nearing dangerous crossing. The act OF
the Legislature regarding the ringing of
the bell does not relieve the company of
responsibility. This was an act to punish
engineers who neglected their duty and
not to relieve the railroad from the COM
mon law duty to give all necessary sig
nails. The ruling of this court in the case
of Patterson VS.. the P. W. & B. Railroad
Company in 1870 the chief justice said,
was applicable to this case. This ruling
Was that the exercise of due care and
diligence on the part of the railroad COM
pany in running trains across the high
ways must be taken to mean all the care
that the circumstances of the case re-
quired. The question for the jury to
decide was whether DIR. Parvis came to
his death owing to lack of care and dill
igence on the part of the defendant. II
SO the plaintiff has right to recover
damages, and the jury has right to fix
the damages.
When the jury retired ten were found
to be favorable to verdict allowing the
plaintiff $4,000 damages, one for $1,000
damages and one for the railroad COM
pany. The man in favor of allowing only
So, 600 damages was VOL over to the side
OF the defendant, and the jury stood 10
to 2 until they were discharged at 8
O'Clock Tuesday night.
There was an opIulon among tine jury
men that the railroad company was neg
llgent in not providing gates at the Frog
town crossing, and the ten men thought
the preponderance of the testimony was
to the fact that the bell had not been
rung until the crossing was about reached.
The charge of the chief justice also had
great weight with the jury.
ANOTHER RAILROAD CASE.
After the jury in the Parvis case had
retired the Case of George B. Stewart VS..
the P. w. & B. r. r. Company was
commenced. Elk Congressman Chas. i.
Lore and Albert Constable, Esq, appear
for the plaintiff and United States Sena-
tor Gray for the company.
Ex-Congressman L ,re opened the case
for the plaintiff. He said the case was
an action to recover damages for injuries
sustained by George B. Stewart, owing
to the negligence of the P, W. s. B.
Company on June 81, 1856, at the repair
shop OF the company in this city, by
which his hip was crushed and he was
badly wounded. The Car was in the re
pair shop at the time of the accident.
The plaintiff was employed us a Jinsmith
and was working on the roof of the car.
There was distance of about eighteen
inches between the top of the car and
the large sIringers or girders in the car
shops. Without warning the car was
moved by orders of the foreman, James
Mcdowell, and plaintiff was crushed be-
tween the roof of the car aud the girdeI.
The plaintiff was confined to his bed from
the time of the accident until the follow
ing November. AS result of the in
juries, one leg of the plaintiff is one and
one half inches shorter than the other.
The plaintiff has been unable to follow
his trade since the accident and he claims
damages to the amount of $4,000.