Evening journal., 1890-02-11
The STEWART DAMAGE CASE.



For the Plaintiff and Defendant.
The Snperior Court convened at 2.40
o clock Yesterday afternoon with Chief
Justice Comervs and Associate Judge
Houston on the bench. The second trial
Of the damage case of George B. Stewart
vs. the p w. & B. railroad was begun.
This case was tried at the May term 1889,
and the damages asked by the plaintiffs
counsel were 500, 600. The jury disagreed
and a new trial was ordered Then, as
now. Charles B. Lore, Esq. Of this city,
and Albert Constable, Esq, Of EllSton,
Md, represented the plaintiff. and Sena-
tor George Gray and George V. Massey,
ESQ Of Dover, the railroad company.
Twenty jurors we're drawn from the
special panel Eight were challenged by
the plaintiff or defendant. and the re-
manning twelve formed the jury as fol
lows. Daniel w Corbit, foreman; George
w. Eckles, William r. Cochran, Douglas
NJ Mccoy. Nathan M. Mothtersll, Jacob
Way, L. Frank Ellison, Alexander Ever
son, G.. Frank McVaugh, James Garman,
Louis E. Eliason, James Fl. Smalley.
Charles B. Lore, Esq opened for the
plaintiff. He stated that the action was
to recover damages for injuries sustained
by the plaintiff while at work in tie car
shops Of the p, W.&B, r. r. 90 in this
city, on June 2f, 1885, The plaintiff was
timer and was at work on the roof
of q car in the shop. While he was on
the roof the car was moved and he was
caught under a girder and so severely
injured that he was helplessly confined &c
his bed until November. He was inca
FACILITATED for work at his trade, by reason
of his injuries, though able TO be about 81
present. The plaintiff alleged that tbs
accident happened through the careless
ness of the foreman of the shop, who wa'
not man fit for the position. Damages
were wanted in compensation for the IN
| jury and its resultant effects.
The plaintiff himself, Grorge B
| Stewart, was the first witness He sale
he was at work on his hands and knee
on the top Of the car with a large girder
winch crossed the shop behind him. /
! was few inches above the top of tn
| car. he noticed the movement of the car
/ but before he could make an effort to es
cape he was crushed beneath the girde
and his hip socket fractured. At pressn
he had at times much pain, which cause
loss Of sleep.
DR.. James A. Draper, who attended til
plaintiff at the request of the railroa
company, told in detail the treatment h
had given Stewart and said he had sui
fered much pain.
Mrs. Mary e. Stewart, the plaintiff
mother, described the fracture bed o
which ne laid for over three months an
told of the excruciating pain suffered B
her son.
Pending the erosE-examination Of tn
witness court adjourned until 8 o'cloC
this morning
The hearing of evidence flor the plat
tiff was continued this morning.
George Il. Stewart corrected mistal
: in the testimony he gave yesterday. Mr.
c Sarah A. Sands, l.. K. Gill and Davi
Curlett gave evidence regarding Ste,
art accident and his subsequent cond
ton. Benjamin Tibbitt gave Il
order to move the car on white
Stewart was working. Frank r. Parde
Charles Sewer, w. W. Cruthera,
Z Frank Sullivan, Charles Pyle and .othe
4 | testified that Mcdowell was not ft ma
! to have charge of the work Of moving t
l cars as he was careless and almost co
. tinually intoxicated. The plaintiff rest
: after this evidence.
I Senator George Gray opened for t
I; defence. He stated that the compa
would show that Stewart was warned
{, come down from the car, but declined
q do so. He stepped over the girder
= che car moved and stopped to pick up
q disc Of tin. While STOPPING he W
. drawn under the girder
B. Frank Tibbitts was the first witne
He said that the men on the car had be
Z Z warned to come down. Two did so, b
y Stewart remained. At o'clock cor
adjourned until 2.90 o'clock this aft,
> nOOn