Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-06-11
COUNTY COURT.
The Case Of Writ VS.. b. g. O. Railroad
Argument Begun.

|
| road Company.
The plaintiff, James e. Writ, who was
under cross-examination by Mr.. Bird for
the defence when the noon recess was
taken, was recalled, when Mr.. Bird
offered to prove by him that he was
sick and under the care of DIR. Tomlin-
son from October 9th to 14th, 1884, and
that he was sick again and under the
care of the same physician from Janu-
airy 9th to 18th, 1885. He also offered
to show that one week before the acct
dent, from August 2Sth to September
| 9th, 1887, he was sick and drew benefits
from the B. & o. Relief Association
This was objected TO by Mr.. Higgins
1 and the objections sustained by the
! court, when Mr.. Bird filed his excep-
| tons.
John E. Spuerier testified that he is a
trainmaster on the Baltimore g. Ohio
railroad, and that part of his duties is
to attend to the yard. The machine
shops are in charge Of the general fore
man, and the men are under his direc-
ton. 1t is part of the duty of the wit
| ness to attend to all wrecks, but in his
absence this was attended to by George
W. Chambers. If Chambers should be
away, then O'Nell would attend to it.
He, however, did not consider the acct
dent at the Old Ferry Mill as wreck.
The witness was still on the stand
when recess was taken at 4.30 o'clock
until 10 O'Clock Thursday morning.
When court convened at 10 a. m,
Thursday, the case of James r.. Writ
VS.. the Baltimore d Ohio Railroad Com
pany was again taken up, and the ex-
animation OF witnesses for the plaintiff
resumed.
John A. Carroll, John Greenwell,
Richard @. Jones, Samuel Bale, Edward
Slavin and Frank j. Cloud, each gave
testimony concerning the accident, and
to the fact that Writ was badly hurt at
that time
Or. Irvine NJ. Finn of Newport, was
sworn, and testified that he has prac-
ticed medicine eight years. He was
called in to see Writ July 2Sth, 1890,
and found him very sick man. He
was suffering with pain in the lumbar
region and was very nervous. The
witness is still attending him, and while
he does not think he can ever get we'll
he does think that he can be relieved
When this witness left the stand at /
o'clock court took recess until $50
p. m.
The case Of Writ vs.. the Baltimore &
ONO Railroad Company was again
taken up, as soon as court resumed, at
2.30 o'clock Thursday afternoon.
DIR. Finn was recalled and subjected
to long and searching cross-eXamiHa-
ton, during which il was brought out
that the witness did not believe that the
sickness for which he attended Writ in
1888, and is still attending him, was the
result Of the accident in 1887.
AT the request of Mr.. Bird, Joshua
Van Smith, the superintendent of the
Philadelphia division Of the Baltimore
d Ohio Railroad Company, was allowed
to testify for the defence, to enable him
to leave at once. He said that the Bal.
timore Il Philadelphia division is a part
Of the Baltimore q Ohio railroad, and is
operated by that corporation.
Az this point Mr.. Bird produced a
paper signed by Writ in which he &c
knowledged the receipt of $3.50 from
the B. &, o. Relief Association, as set
Element in full for all damages or in
iuries which he received at the time of
the accident II also provided that he
released the said company from all
claims for damages forever.
Patrick McEwen testified that at the
time of the accident he was section
hand on the B. & O. railroad. He was
at the place where the accident occur
red, and saw the car when it ran down
the incline. He heard O'Neill call ont,
look out boys; she's coming back"
but Writ did not get out of the way
He heard the words distinctly "let the
car come back" and he thought they
were spoken loud enough for every one
to hear them
Richard G. Jones was recalled and
testified that O'Neill gave the order to
let the car come back All he heard |
was the order to let the car come back, |
and us far ms he knew there were no
other words Of warning.
DIR. Lukens testified that he attended |
Writ after the accident and since He |
has paid him nine visits. He was nm
able to say whether or not Writ is still |
suffering from his injuries.
On examination, the witness |
said that he did not know that Writ was |
unconscious at any time from the result
of his injuries. He had attended him
upon other occasions, prior to these in
juries, and just before the accident he
attended him for stone in the gall blad- |
der, which would cause pain in the
pclive region, and spine. When he last
visited him after the accident, he con-
sidered him well man and ready to 60
to work in a few days. The witness
was paid for his attendance on Writ by
the B. & O. Relief Association.
Dr. Smith Cooper testified that he at
tended Writ i'll February, 1888. He
had also attended him in 1880, for
gastric collie, but he did not remember
that he blamed it on the accident. In
July, 1890, he attended him for an in
jury, caused by his being struck in the
back with brick.
Calvin j. Curry testified that he was
as machinist by the B. 81 O.
Company in 1887. He knew Writ
previous to the accident, and considered
him strong, healthy man.
Deborah Broomall was called and
testified that she is the mother-in-law of
the plaintiff At the time of the accident
he was injured so bad in the back, that
it was some time before he could turn
over in bed without assistance. Previous
to the accident he was strong, hearty
man, and could do work that her sons
could not DO.
Harry 9. Cleaver testified he is a
on the r., w. & B. railroad.
AT the time Of the accident he lived in
the same house with Writ, and knew
that he was very sick man. Writ was
confined to his bed about two weeks,
and after he went back in the employ of
the company was unable to do days
work
On cross examination, the witness
said he did not know That Writ was I'M
ar any time during his Illness.