Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-03-06
HnPkRIOR OOULeT.

the a., w. a. VI. tsnElrOaa Settled
The Anderson Grac.
Argument On the motion for q non.auit
in the damage case OF Stradl y Va. the
r., W. ~ B. Railroad Company was ON
tiDued at yesterday afternoon weeks ses-
sion OF superior court. Albert Constable.
Esq., and Levi O. Bird, Esq, spoke for
tho plaintiff and Senator Gray for the
defendant. MIR. Gray closed for the do
PENDANT Thursday morning.
The court, through Chief Justice
Comsgys, declined 10 grant the motion
for non-suit. The chief Justice said
that the matter had been carefully con-
stdefed, and after consultation with AsBo-
ciate dudge Houston, the court had de-
cided that the case should 20 to the jury.
Mr.. Massey then opened for the de-
fence. He said that they would prove
that there WAS no negligence ON the part
OF the railroad oompany's employees that
the conductor of this shifting crew was
told that everything was all right; that
the conductor took the preoaution to go
back and examine the cara to see that the
train was all right.
kay Kitchens, tho conductor of the
shifting crew, was tho first witness. He
testified to the accident, to the examina-
ton of the cars before the signal to start
was given; to the prompt application OF
the air brakes and stopping of the train
when the car vas discovered to be OF OF
the track. On Cross examination, the
witness said that there had been but two
persons killed by his engine within three
years. He said there was very little
space between the tracks at the Pullman
shona and had he known that man was
working ON ladder between the tracks,
he would have told MIN that it wss not
very safe place. There had never been
On accident befoEe, hat drawing car
from table was liable to cause one, as
it shock the table considerably.
George II. Bates, Eaq., counsel for tho
Pullman Palace Gar Company, and Su.
perintsndent Drake Of the same company,
have been in attendance OF the trial,
closely watching the progress Of the case,
that any complications affecting the Pull
man Company msy have attention.
At l O'Clock, court took recess until
ESQ O'clock in the afternoon.
Testimony for the defence In the
Strsdley damage case was given in the
superior court in the afternoon.
Harrison Builen, one of tine brakeman of
the shifter crew, said that no gave the
signal to stop az soon AZ he saw that the
box car had left the track. Witness saw
no motion Of the transfer table RI the car
moved of of it. Ga being oross-examined
by Mr.. Constable, the witness said that
the train moved quietly. He never knew
q car to be pulled Oh of the track there
before. He did not look particularly to
zee whether the car came off safely, for
he did not expect any accident. William
Al
that he made the coupling between the
engine and the FIRST Pullman car. lie
was on the first platform. The engine
moved of gradually, but tho wheels
slipped ut first. After the train had
moved half oar length no noticed that
something was wrong and looking back
saw signal to stop, which he gave to
the engineer. The train was stopped at
once. The air brakes checked the en-
CINE drivers and they slid six or eight
feet. At the conclusion OF the testimony
of this witness court adjourned until
Thursday morning.
The case of Charles G. Stradley vs.. the
p, W. az b. X. X. %. was continued
81 Thursday mornings session of court
and the hearing of testimony ia behalf
OF the defendant corporation was re-
Humed. Several witnesses testified that
the accident that resulted in the plaintiffs
injury was the result of a combination Of
circumstance that could not have been
prevented by any exercise OF care and
diligence on the part OF the defendant
corporation. The hearing of testimony
for the defence continued until O'Clock
when court took recess until 2 80 O'Clock.
The case of Charles Is. Stradl VS.. the
IT,, W. Il ID. 4, Il. Company, argument Of
which wus to have heen Continued at Fri
day'a session Of superior court, came 10 a
sudden ending Saturday morning.
When court opened Levi q. Bird, Esq, Of
counsel for the piaintlfl, announced that an
agreement had been entered into between
counsel With reference to IN adjustment OF
the case, He therefore asked that the trial
ls stopped by the withdrawal OF juror
from the box, and that the case be con-
tlnued until the May term.
The request WAS granted and Foreman
james Megatey was directed 10 leave the
jury box, which he did. This stopped fur
ther proceedings In the case.
The result thus reached is a compromise,
the defendant company agreeing to allow
the plaintiff u comfortable ciaim for dam
ages. MIR. StraIleS's COUNSEL decline 10
state the sum agreed upon to be allowed as
damages, bur 1t Is understood that the
amount to be paid is between $4,000 and
$4,000, with costs.
After attending to some minor Items Of
business court adjourned until 10 O'Clock
NJ nday morning. The Gaze OF Anderson
u Son vs.. the mayor aud Council OF VIII.
atngton, au action for damages which was
tried at the November term but resulted in
disagreement Of tue jury, will then be-
oSsapsnced.
qhesp was report that the Pullman
Palace Car Company, by whom the plain
tiff, Stradley, was employed when he was
lurt, would bear an equal share of tho
compromise payment. This report, how.
ever IL positively denied by the local coun.
sol OF the Pullman Company.
The second trial OF the case of Ander-
con d. Son Va. the mayor and Council
of Wilmington, the other having
ended in disagreement OF the
jury, began in superior court Monday
morning. A special panel--from which
the names OF Wllmingtonian's had beer
excluded, in accordance with the court'i
ruling that in suits against o municipality
the citizens thereof are not competent tC
sit as jurors by reason of being tax
payers and therefore interested IN til,
yesult-hAd been drawn for this case anC
o trial jury was selected ~ follows
Richard Ferguson, Waiter PIERCE, Richard
q. Damn, James Gray, Richard q. Fisher
NGnlove Davis, Il. +. Dennison, Stringei
u, FINLEY, Robert N. Higgins, Stephel
Springer, William White and Alexander
Wilson.
Levi @. Bird and Andrew f. Sanborn
Esqs., appeared Tor tbs plaintiff and til,
city was represented by City Solicitor
Henry o. Turner and Municipal Cour
Judge J. Frank Ball. The plaintiff.
claim damages by reason of loss sustained
by the flooding OF their grocery store