Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-13
DELAWARE GAZETTE AND STATE OBSERVATION-DISCLOSURES.

4
term last year, but the jury disagreed.
The damages asked at that time were
$40. 600.
Charles B. Lore and Albert Constable,
Esqs., the latter Of Eikton, are counsel
for the plaintiff, and Senator George
Gray and George v. Massey, Esq, OF
Dover, represent the railroad company.
The jury, drawn from sspeoial panel,
is as follows: Daniel W. Oorbit, fore
man; George W. Eckels, William X.
Cochran. Douglas IA. Mouoy, Nathan NJ,
Motherail, Jacob Way, DR.. L. Frank
Ellison, Alexander Everson, O. Frank
McVaugh, James 9armsn, Louis E.
Eliason and James II. SmaIley.
Charles d. Lore, ESD, opened for tho
plaintiff, by stating the details of the I'M
fortunate accident to his client, which
happened in the p, w. & B. railroad
car shops in this city, on June 2lst,
1886. Abe plaintiff, who was q timer,
was at work on the roof Of car, which
was unexpectedly moved and he was
caught beneath o low girder, which
stretched across tho shop, and was
crushed. As result of his injuries he
was confined to his bed until the Eoyeni-
Der following, aud Is unable to work Il
his trade. II Is alleged that carele'sness
on the part of the foreman of the shop
caused the accident.
The plaintiff, George d. Stewart, was
the first witness. He said he was ut work
on his hands and knees, and when he
noticed the movement of tie car it was
too late to save himself. He was crushed
beneath the girder and his hip socket
was fractured. At times he suffered much
pain from the wound.
DR.. james A. Draper testified to at
tending tho plaintiff and Mrs. Mary II.
Stewart, the plaintiffs mother, told of
the intense pain he suffered for oysr three
months.
Pending the cross-examinstion Of this
witness court adjourned until Tuesday
ing.
Nearly all of Tuesday morning . session
ossuperior oou was occupied in ke1riGg
testimony for the plaintiff in the case of
George Stewart vs.. the p, w. u b. Rail
load Company. The bulk OF the testi.
lnony was to the effect that James Mc-
Dowell, foreman of the car shop where
plniatiH WAS injured was careless and
reckless, frequently under the influence
of liquor, and in the habit of moving
oars on which men were working without
first notifying them to get out of the
way Of danger. Senator Gray opened
TOR the defendant and claimed that ample
warning had been given the plaintiff to
get to place of safety before the car
wan moved. Testimony In the defendants
behalf was taken until tho noon adjourn
ment.
4 All of Tuesday afternoons session of
superior court was occupied In testimony
for the defence in the cae of George
4 Stewart va. the p, w. Il D. Il. Il. %.
The case WIS continued at yesterday
mornings session. The most important
witness for the dsfenoe was Juston N.
Anderson, who said that before the car
on top OF which the plaintiff was work
Ing o. the time of the accident was moved
he twice went up the ladder and told
Stewart to come down, as they were
about TO move the car. He did not
plainly hear Stewards reply, but under
stood from him that he did not intend to
come down. The witness then assisted
IN moving the car and stopped It with
the brake IS soon as Stewards cries an.
nounced that he had been injured. On
being asked, while being taken home,
how the accident occurred, the plaintiff
replied, according to the witHsgs' recol-
lection, "0h, l don't know; l should
have got down" Anderson also Eaid
that James Mcdowell, foreman OF the
shop, was perfectly sober the morning
the accident occurred. "Mm
Mcdowell, who was foreman OF the
tim testified that ample warning had
been given Stewart and others working
on the car to get down before the car was
moved. In answer to AIR. Constabies
queries as to his sobriety, he SAID he wa,
I nm fha E..II Az.
at his work, and that he had not taken q
drop OF liquor the day Stewart was
injured.
The defence closed, and the plaintiff.
Stewart, in rebnttal, took the stand and
fatty denied that the witness, Anderson,
had notified him twice to get down from
the car, as Anderson had testified. Had
he been notified, he said, he would hase
left the roof OF the Car at once.
Mrs. Stewart, plaintiffs mother, said
that when her son was brought home,
Anderson told her that the accident was
not Georges fault, but was due to
McDoWelPs carelessness. Willing and
Powell (the latter since deoeased) who
were present at the time, assen.ed to this
opinion, acuording to the testimony OF
Mrs. Elsie Cash, who was in the house OF
the time. Mrs. Cash also said the men
declared they were constantly looking
for On accident as the result OF MoDow-
ellis caTelessness, and were not surprised
that this one had happened.
At l1.50 O'Clock the hearing of testi-
mony on both aides WAS concluded. MIR.
Lore handed the court copy OF the
points upon which the plaintiff desired
the jury to be changed. They are the
same as we're raised in the first trial Of
the case. The court limited argument to
two hours on each side and Mr.. Lore
opened FOR the plaintiff. Argument was
under way when court adjourned for the