Daily Republican., 1889-05-22
THE END AT LAST.
COURT YESTERDAY AFTER
NOON.
The Jury in the Case of Henrietta v
Parvis Fail TO Agree and Are Dis
Taken Up.

Superior Court re-convened at 8
O'Clock yesterday afternoon with all the
judges present
A jury was drawn and the case of
George B. Stewart VS.. the Philadelphia,
Wilmington 81 Baltimore Railroad Com
pany Was taken up for trial, with Hon.
Charles b. Lore and Albert Constable,
Esq, for the plaintiff and Hon. George
Gray Tor the defendant company.
Tie case was opened by Mr.. Lore,
who said that this was an action to re-
cover damages for injuries sustained by
Stewart on June 81, 1885.
The plaintiff was employed by the
company at their car shops in this city as
timer. On the day OF the accident he
was at work on top Of car repairing the
roof, when the foreman ordered the car
moved. AS it was being pulled out with
an engine Stewart was caught under q
stringer that was overhead and his hip
dislocated. He was otherwise injured,
and for months was confined to his bed,
suffering untold agony. He is now un-
able to attend to his business and is
crippled for life. The amount OF damages
claimed is 100000, and as soon as Mr.
Lore finished his statement of the facts
he commenced the examination oil wit.
nesses.
George B. Stewart testified that on the
day of tie accident he was ordered
by the foreman to 10 some work on
the top of car No. 8, that was being
remodeled. There are glrdors in the
shop about 25 feet apart, and while
he was at work with his head
down, and his back toward the girder, the
car was moved and he was caught he
tween the top of the car and the girder.
His hip was dislocated a. d crushed, and
Tor the next three weeks he did not have
ten hours sleep. For several months his
leg was susl ended and held in place with
a fourteen pound weight. 1t was long
time before he could walk at all, aud now
he is lame, the limb that was injured
being fully an inch shorter than the
other. The accident has rendered him
incapable of following his business, and
he is obliged to do any kind OF light work
that he can find to make a living
DIR. Draper testified that on June 2lst,
1886, he was called upon to attend the
plaintiff at No. go Lombard street, and
found that his hip joint was disiocated.
He put it In place, but it would not stay,
and he afterwards found 1t necessary to
put him on fracture bed.
He was kept iu this bed for thirteen
weeks, during which time he was obliged
to lay on his back. { is leg was fastened
to cord run through pully, ard held
Ia place by weight of fourteen pounds.
After Mr.. Stewart got on his feet the
witness measured his leg, and found that
it was one inch sh orter than tue other 1t
was the opinion of the witness that he
would Le lame all his life.
Mrs. Mary Stewart testified that ehe Is
the mother Of the plaintiff aud nursed
him during The greater part oi his Illness
| There was, however, about ten weeks
that 1t required the care Oi two persons to
attend to him. He suffered so much pain
that he could not sleep, aud the doctor
made several attempts to put him under
The influence OF morphine. He was una
Bile to leave his bed u til November, and
did not get down stairs until the follow
| ing spring.
Thomas C. Dill testified that he called
20 see Stewart the night the accident oc-
Cured, and saw him, or heard from him,
every day aftcrwafd for eight weeks,
He was with him all might July !, 1856,
and be never saw any one suffer as he did
He beggei the witness to hit him on the
head with something, and end his suller.
iDgs.
David Curett testified that during the
time Stewart WAS confined to the house
he frequently visited him. He sat up
with him during the night of July 8, and
knows that his offerings were intense.
Sarah A. Seen testified that she visited
Stewart after he was hurt. He was
obliged to lay on his back and could not
be moved. The witness sat up with him
one night, and knew that he could not
rest.
Benjamin F, Tlbbett testified that the
car on which Stewart was working was
moved by order oI James Mcdowell, who
had charge of the truck gang. This
gang attended to the repairing of trucks.
Charles e. Pyle testified that he was
employed at the railroad shops at the
time the accident occurred. james Nc
Dowell had charge of the shit ng or
truck gang, and the car was started by
his order. The witness did not consider
Mcdowell a competent man to have
charge of men. He had heard Mcdowell
reprimanied about the work several
times. lie had also heard him Jared up
about being careless in shifting cars.
Benjamin L. Sullivan was sworn. but
before his testimony was heard the Court
took recess until 10 o'clock this morn
ing.
About . O'Clock last evening the Jury |
In the ParVis case sent wold to the court |
that II was impossible for them to agree, |
and Judges Houston and PaYnter, who |
we're In waiting, ordered the baillG to |
bring them In court. After their names |
had been called by Deputy Prothouotary
PricA EFT the usual question was put, and |
as they said it wss impossible for them to |
agree Judge Houston discharged them
IRON further attendance, aid thus ended
Tor the present the greatest legal battle
that has ever been fought in this State.
The nRmes OF the jurors were as fol-
lows: j. S. Dobb, foreman; James Mills,
Charles ID. Everett, Columbus Watkins,
r l.. Armstrong, William Wilson, j. H.
Chambers, Charles W. Goucrt, W. F.
Smalley, Abner Hollirgsworth, j. Frank
Reybold and A. j. Hcssiugtr.
After the jury retired yesterday morn
Ing discussion ensued, which revealed
the fact that it was question of for or
against the plaintiff, and that two jurors
expressed themselves rs being opposed to
any verdict In her favor One
or two others thought she was not only
entitled 10 verdict, but to the entire
amount claimed, while there were others
who were in favor of awarding her half
The amount, and one man who expressed
himtelf as being In favor of giving her
PIC, 600. In the meantime the two jurors
refused to consider any amount what
ever, and said that as they understood
The testimony the plaintiffs husband was
guilty OF contributory negligence. Ballot
after ballot was taken "for" or against"
he plaintiff, and each resulted 10 "io"
and against" her. About o'clock
he jury sent note to the court stating
hat 1t was impossible for them to