Evening journal., 1889-05-22
LAST EDITION
A RE-TRIAL GRANTED.
THE PARVlS CASE TO BE TRIED
AGAIN IN SEPTEMBER.

Evidence for the Plaintiff in the Stewart
Damage Case-rhe Defence Opens Their
Case.
When the Superior Court reconvened
this morning Charles B. Lore, Esq, one
of the counsel for the plaintiff IN the
Parvis damage case, made apphcation tor
a re-trial of the case at this term OF court.
Senator George Gray, counsel Tor the
railroad company, opposed the appllca-
tion on the ground that the re-trial OF
case had no precedent in this court and
on the absence of his colleague, George
v. Massey, Esq. After some argument,
Mr.. Lore waived his application and
the court ruled that the case should be
tried at the September term. The court
stated that there was no reason why the
case should not be retired at this term,
except that Mr.. Massey could not be
present.
The trial Of the damage case of George
B. Stewart against the P, w. g. B. Rail
road Company was then resumed, and
the plaintiff continued his evidence by
putting on the stand B. Frank Sullivan,
a timer in the employ Of the defendant
company, who testified that while work.
ing on the top of cars they had been
Charles Sewer who had been general
foreman at the car shops from 1875 to
1884, testified that he had suspended
Mcdowell, the superintendent Of the
shifting gang, for drunkenness. Wit
uess said that if he was to select q man
for the position it would not be Nc
Dowell as he did not have mechanical or
executive ability for the position
James R. Harper, Isaac F. Reneer and
Webster Richardson testified that Nc
Dowell had a reputation of being care
less and reckless and that he was occa-
sionally intoxicated while at work
Charles @. Powell testified to the par
ticulars of the accident to Stewart He
appeared to have a confused idea of
Stewards position on the car when the
accident occurred, but insisted that
the lawyers might talk for four days and
not change his ideas.
William Winthrop testified to Nc
Dowell's carelessness.
Charles E. Pyle was recalled and said
that after the accident he heard r. T.
Lungren, boss of the timers der art
ment, say that he had warned Mcdowell
several times that he would hurt some
one some of these days. Witness had
been discharged from the employ Of the
defendant company for being drunk OIL
one occasion.
George B. Stewart, the plaintiff, again
testified to his position on the car wheI
the accident occurred William w. Grad
dock was called but was not present
The plaintiff then rested their case.
Senator Gray opened for the defence
He stated that they would show that tn,
accident was not due TO any negligence
on the part of the defendant, and hap
pened in a different way than what tn,
defendant stated. They would ais,
show that warning af the moving Of thu
car was given, which other men needed
William II. Lungren was the frs
witness for the defence He is genera
foreman Of the p, W. & B. car shops
and has held the position since 1875
Mcdowell had charge Of a truck gang
in that department. He was not fore
man of shifting gang. He directed tn
movements OF the cars to be moved b
the shifter He did not know Of Nc
Dowell's reputation for carelessness, bu
knew of one occasion when he was drum
while at work. For this he was sus
pended for ten days.
After hearing this witness court &C
iourned until this afternoon.