The Wilmington daily Republican., 1891-06-05
YESTERDAYS COURT.
Tho Entire Session Yesterday After
noon Taken mp with the Case of Writ
va The n a q. RafIroad Co,nnanv

kuo HMtfNo nession NeateFday AtteF
noon Taken mp with the Case of wir
VS. The b. g. o. Railroad Company.
Superior Court reconyened ut 2.sl
O'Clock yesterday afternoon, with al
the Judges present. The case OF Writ
vs the B. C o. Il. r. Company wa.
again resumed and DR.. Finn was re
On the searching cross examination
by Mr.. Bird, he stated that no did
not think the sickness for which he at
tended Writ in 1889, was the result oi
the accident in 1887;
Mr.. Bird then asked permission ts
call Superintendent Joseph Van Smith
SO that he could get through and 81
away.
The request was granted, and Mr.
Van Smith testified that the Phila
delphia & Baltimore railroad is par
OF the Baltimore az Ohio Railroad Co.
ard under the control OF that company
The road commences In Cecil county
Md, and extends to Philadelphia.
Mr.. Bird then produced paper sign
ed by the plaintiff Writ where be gave
release to the b. & 0. Railroad Com,
pany for all damages or injuries
which he might have received. In con.
sideration OF the payment of $3.50 by
the Baltimore & Ohio Relief Aasooia.
ton. This paper also stated that this
was n settlement in full for all claims
against the company for any injury he
might have received at the time OF the
accident.
Patrick McEwen, upon being sworn,
stated at the time of the accident he
was employed by the B. & o. Railroad
Company. After the shifter got off oil
the track, he was sent to the place 70
assist In putting 1t on. The car was on
an incline, and he heard 0'Ncill call
out for all hands to look out, as the
car was about to come down.
Writ was doing something, and did
not make any effort to get out of the
way. The witness, who was further
away than Writ, heard the words dis
tinctly, look out; let the car come
back" The order was given by O'Neill
and he thought he spoke loud enough
Tor every one to hear him. This was
certainly bad witness for the plaintiff
and Mr.. Bird improved the opportunity
to call the attention of the Court to his
testimony.
Richard c. Jones was recalled and
stated that O'Neill gave the order for
the chr to come back. He only heard
the order for the car to come hack,
and did hot hear any other words of
warning.
DR.. Lukens was sworn and testified
that at the time of the accident he was
called in to attend Writ and paid him
nine visits. He could not say whether
or not he ls still suffering from the
effects OF the accident.
The ecruss-examination developed the
fact that tho witness did not know
that Writ was uncopseiousa at any time
after the accident. He attended him
on several previous occasions, and
Just prior to the accident treated him
for gall stone, which would cause a
pain in the back and pelvic region.
At the time he paid him the last visit
after the accident, he considered him
we'll man, and fully able to resume
his work in few days. The plaintiff
never paid the witness for his attend
ance, and the bill was paid short
time ago by the Baltimore Il Ohio
Relief Association.
DR.. Smith Cooper was sworn, and
testified that he attended Writ Tor a
trouble III his back in 1888. He again
attended HIM in 1889, for gastric collie,
but he did not think TINT in either case
u could be attributed to the accident,
He again attended him in July, 1890,
for an injury TO his back, caused by be.
ilB btIuCh Will u DTlCh.
Calvin j. Curry, who in 1887 was en-
dloyed as a machinist by the b. Il, D.
Company, testified that he knew Writ
before the accident.
He always considered him O strong
healthy man, aud able to do afull days
work before the accident.
Deborah Broomall, the mother-in-
law OF the plaintiff, testified that be-
fore the accident he was a strong,
healthy man and able to do work that
her sons could not do. When tho nc
cident occurred he was brought home
badly injured. 1t was days before he
could even turn over in bed without
being assisted.
Harry G. Cleaver who Is now a brake
man on the p, w. & B. Railroad. testi-
lied that at the time of the accident he
was employed on the B. * o. Railroad
and lived In the same house with Writ
lie knew that he was very sick man,
and was confined to his bed for at
least two weeks.
When he went back in the employ of
the company he was unable to do a
days work and was discharged
Upon being cross-examined by Mr..
Bird tho witness said, that although
he lived in the same house he did not
know that Writ was unconscious when
he was brought home, or at any other
time after the'accident.
DIR. Finn, upon being recalled, said
that he did not consider the suffering
in the back was caused by Writ being
struck with brick
Court adjourned at 430 O'Clock un-
til 10 O'Clock this morning.
&c
Woei WOei unutterable Woe.