Evening journal., 1889-05-23
Asst EDITION
NEAR THE CLOSE.
UMENT BEGUN IN THE STEW
ART DAMAGE CASE.

Lore Opens for the Plaintiff -Messrs.
~ and Constable win Talk this
ernoon.
le Superior Court re-convened at 10
ck this morning, and at once re-
ed the taking of evidence in the
ge B. Stewards $40. 900 damage case
nst the P, w. & B. railroad. Ihe
nee continued their testimony.
lillian Howard, employed IN the
hing mill at the car shops, swore that
ad never seen Mcdowell under the
ence of liquor. William r. Long,
t reporter of the Daily Republican,
he knew Mcdowell pretty well. He
lght he was total abstainer and had
n seen him under the influence of
sor.
S'ith these witnesses the defence
4 I'd their case.
he plaintiff then began their evidence
5he rebuttal by putting Alfred Will
and Charles @. Powell on the stand,
said they did not hear Stewart say,
r he had been hurt, that he should
II gotten off of the car.
Gorge B. Stewart, the plaintiff, said
had not spoken as above. He also
ed making other compromising re.
ks attributed to him.
he plaintiff closed here. Mr.. Gray
oosed to submit the case to the Jury
lout argument, but to this the coun-
Tor the plaintiff would not consent.
court then gave the plaintiffs coun-
swo and a-half hours in which to argue
case, and the defendants counsel
hours. 1t was agreed that Mr. Con
lie should argue the law before the
rt and Mr.. Lore follow by presenting
facts to the jury for the plaintiff
Gray will argue the law and facts
the defence and Mr.. Constable will
y and close for the plaintiff.
10 10 so o'clock Mr.. Constable began
rgue the law before the court. He
ed for instructions to the jury, as
0ws:
irst: If the jury find if the plaintiff,
lie in the employ of the defendant
lpany, was required to work on the
of cars, and during such work was
ued while a car was being moved
Ter girder. they shall decide
ether, in view of the dan.
Gus character of the Cir
S, it was not the duty of the de.
dant company to formulate rules and
ulations for the movement of the
), and if by the neglect to formulate
4 have used such rules and regulations
accident occurred, the plaintiff shall
entitled to recover.
econd. When the plaintiff is in the
vices of the defendant, it shall be the
olute duty of the latter to select and
ain only such associates for hin
were fit and competent for the
vice. The defendant shall use rea-
able care in finding out the qualities
servants, and shall discharge inefh
Mt servants as soon as their qualitie;
discovered. The duty to select and
charge such servants cannot be dele
ed to a servant, or by such delegation
J defendant is not relieved of RESPONSE
ity.
Third: Where a servant is known tC
incompetent and careless, the master
/ be charged with negligence, ever
en ignorant Of that fact, provided il
lid have been ascertained by reasonable
luiry.
Nr. Constable argued these points anC
oted authorities in support Of them.
At IL. % Mr.. Lore began his opening
yument to the jury for the plaintiff
). Lore concluded at 1230 o'clock.
Gray then made the following
1positions to the court for instructions
tie jury.
First, In order for the plaintiff to
.intain their case, they must prove
1t the injuries received were occas-
ned solely by the negligence of the
fendant.
Second: II the plaintiff did not con
butte by want of any care or watchful.
IS by entering in the carshops, he as
med the risk connected with the work.
Third: Even if some negligence is
oven. without which it is imputed tn,
,ident could not have occurred, yet il
E plaintiff contributed to the result
cannot recover.
Fourth: When he entered the ca
ops he assumed not only the risk bu
e liability of accidents
Fifth If the plaintiff had notice
ON some source, that the car was t
ove, in time to get off, or after it wa
motion, by his own conduct contribu
d to the result, he cannot recover.
Mr., Gray argued these proposition
iehy, and at 10. As o'clock court ad
urned until this afternoon. Mr. Gra
III conclude his argument this sfternoo
ID Mr.. Constable close for the defence
le case will 60 to the jury to-morrol
orning.
The general jury were discharged a
e end of the morning session havin
rved their time. The second panel wi
tend tomorrow.