Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-22

INN edIately after Superior Court re-
convened this morning the Hon. Charles
Il. Lore asked that the case of Henrietta
V. Parvis va the p, w. q b. Railroad
Com pauy should be retired at this term.
This was oppos, d by the Hon. Geo. Gray,
when Mr.. Lore asked that the court
should issue peremptory rule that the
case should be taken up In September.
This was also opposed by Mr.. Gray, who
said that he would be willing to try the
case at that time II IL was not settled be-
fore then, but heobJected TO peremptory
rule. Alter argument by counsel the
court decided that the case would be
taken up at the September term unless
sooner settled.
The case OF George B. Stewart vs.. the
P, w. IL b. Railrosd Company, COM
meuced yesterday, was then resumed,
and the examination OF witnesses con-
tinued.
Benjamin +. Sullivan WAS recalled, and
test fed that he has been employed at the
car shops o. the p, w. & b. Railroad
Company for the past seven years. He
knows James A. Mcdowell, and does not
think that he was competent to discharge
the duties OF his position. Mcdowell
was IN charge of the truck gang, and as
he was careless was frequently repr-
manded.
Charles SERVER testified that he had
been employed In the car shops of the p,
W. & b. Railroad Company. He cor.
roborated the testimony OF the previous
witness In regard to Mcdowell, and said
that II he was obliged to select n man for
position such as he filled he would not
take him, as he considered him incompe-
tent in me ohanloal and executive ability.
He remembered an occasion where an &C.
cldent occurred at Lamoken, when Nc
Dowell was sent up there and was so
much under the Influence OF liquor that
he could not attend to his work.
James X. Harper testified that he has
been conductor of a shifting engine on
the p, w. q b. Railroad. His duty was
to put cars in the shop or take them out,
as directed by Mcdowell. He had known
him to be under the influence OF liquor
while at work.
Isaac r. Reneer testified that he has
been employed in the p, w. Il B. car
shops and knows Mcdowell. His general
reputation was that he was careless and
incompetent, but he bad never known
him to be under the influence of liquor.
Webster Richardson was sworn, and
testified that he was employed by the p,
w. Il b Railroad Company about five or
six months, and knew James Mcdowell.
He considered him careless and unfit TO
attend to the duties of his position.
Charles O. Powell was sworn, and tes-
titled that he was at work in the shop the
day the accident occurred. He ia tin
smith and saw the car on which Stewart
was working when he was hurt, but did
not know by whose orders Il was moved.
Stewart was caught between the top %
the car and girder, and when the wilt
mesa saw that he was caught he called ior
q ladder go as TO help get him out. When
the car was stopped Stewart rolled to one
side and seemed TO suffer very much.
William Winthrop testified that he Il
employed by the p, w. " B. Company
and was, in 1896. He works In the til
department and knows James v. Nc
Dowell. All the men around the shoI
said that Mcdowell was careless ant
would hurt someone. He had seen hiu
under the influence Of liquor, but could
not tell how often.
Charles Z. Pyle was recalled, and testl
fed that he heard Mr., Lapgren, the bos
of the timer department, warn Mcdowell
about being careless, aud tell him tina
unless he was more careful he would in
lure or kill some one.
0GOTk6 IL DtSWhIb was T6Stlllu, III
testified that when he found the car wa
moving he tried to raise up, SO as to el
cape the girder, but was unable TO do 81
This was the last witness called for th
plaintiff, and Mr.. Gray made the openin
argument to the jury for the deiens,
J alter which he commenced the eIaminl
/ ton Of witnesses.
William II. Lungren testified that /
J Is foreman at the p, W. IL B. RRllroa
) Comlany's car chops, and has had charR
of the tuning department since 1877
! The truck department Is also uu er h
! charge, although Mr.. Mcdowell WI
foreman OF that gang, but he had L
power to hire or discharge m II. I'll
only Jurisdiction he had over the cal
' was TO cay that car should be move,
Mcdowell had nothing to do with Il
c shifting gang, as he had charge Of I'll
0 truck gang. He did not know, Meth,
b had be ever heard that Mcdowell was
! careless man; he had always consldete
9 him good average man, and knew thi
z he was paid more than the other mel
d lie had never known him to be under u
!, influence OF liquor but once, and Thu
was on the occasion Of an accident up Il
}, road, When he was called out at an III
usual hour. lie considered him goC
= man throughout.
|. Shortly before o'clock court took