Evening journal., 1891-06-03
WIRTSS SUIT FOR DAM MAGES.
HE CLAIMS $4,000 FROM THE
8. & 0. RAILROAD FOR DAMAGES.


Crushed Between Cara while on Duty
and Permanently Observation-Disclosures
BY the Company When Unable to
wOrk-rhe Case May BE Interesting.
At the yesterday afternoons 8 session OF
the Superior Court the case Of Palmer &
Co of Boston, VS. w. jerks Fell, trus
tee, was begun. The suit was for the
recovery of $347 So, the price of 1876
settees purchased by Mr. Fell of the Bos
ton firm for the picnic grounds at Brandy
wine Springs Benjamin Nields ap-
peared for the plaintiff and Charles b.
Lore for the defendant.
Gilbert F. Palmer of the firm of
Palmer & Co. testified that on April 81.
1888, he received from Mr.. Fell, a com >
munication asking for terms and a
sample of settees. sample was sent to
Mr. Fell accompanied BY the terms
subsequently letters passed between
them, in which Mr.. Fell protested
that the price of the settee 3
we're too high, but finally
he accepted them on the understanding
that they should correspond with the
sample No notice was received for
several weeks after they had been deliv-
cred, that the.goods were unsatisfactory
Mr.. Fell then protested that the settees
did not correspond with the sample
received, and wished to have them
returned The company refused to accent
them, and the price Of the ssttees had
never been paid.
This morning Attorney Lore opened
the case for the defence and produced
Richard W. Crook to prove that the
settees had been accepted under protest
Mr.. Nields objected to the Character OF
the evidence, as Mr. Fell had not pro :
tested that the settees did NOT
correspond with the sample until several
weeks afterward.
The court ruled that this was the frst
time that matter had been mentioned
a I'd the evidence was inadmissable. Mr.
Lore then abandoned his case. and Mr.
Nields asked for verdict for the fnll
amount of the claim, which was given
6y the Jury without leaving lthe dock.
The verdict is for $349.56
The case of James 3, Writ who sues
the Baltimore and Philadelphia Railroad
Company for $50, 900 damages for in
juries received by being crushed between
cars on September 5, 1887 at sthe Old
Ferry rolling mills yard. The claim Of
the plaintiff is that he had been
performing his duty, was ia his
proper place and did not receive proper
warning AZ the time Of the accident.
Senator Anthony Higgins appeared for
Writ and Levi O. Bird for the railroad
company, Two stenogrsphers were
engaged to take the testimony of the
witnesses The following special
jury was selected to try the case
Frank Reybold, James w. Ware. Joel
Cloud, Calvin w Crossan, A. P. Carna-
gle, James Hirst, John &. Tally, George
w. Eckles, Edward L. Clark. John P
Chesrs, n. Grooves and William H.
Simpson.
Senator Higgins. in open
ing che case for the plaintiff.
stated that Writ was a train
irs ,ecto-, o duty for the railroad com
paay in the West Yard on September 10.
1881. An engine and two cars got of
the track, and Writ, as wen as
many others, was ient to try
to ges l. on All were under the
control OF man named Hugh
O'Neil. When the cars were replaced
on the rail the brake was removed by
O'Neil's orders, but without warning to
Writ the cars went down the grade and
crushed Writ against the engine
James f. Writ the plaintiff, testified
that be had been in the employ of the
Baltimore and Philadelphia Railroad
Company in 1887 he was car inspector
at the time of the injury in the West
Yard. He worked in the machine de-
partment of which VIE, Brown WIS fore
man, Thomas F. Holson, subordinate, and
Hugh o'Neil, yard master. On September
%. shifting engine No. %, got off the
track at the Diamond State Rolling Mill,
and at the request of Mr.. HobsOn
he went with others to endeavor
to get it on. Hugh 0'Neil was
giving orders. He had been ordered
by O'Neil to put some blocks against
the wheels of the engine after It had
been replaced, and was in the act Of SC
doing, when, without warning. the cars
came along and crushed him against the
shifter.
In April, 1888, he was discharged by Mr.
Walter, the general foreman of tn,
company, on the grounds that he wai
unable to do the work. After being dis
charged he tried to sell milk but wal
unable to carry the cans. He dix
nothing until appointed dog catcher
The railroad company never pAiC
bill for his medical attendanc 9. anS
even he had to pay himself for tbs
wagon that carried him home the day h,
was hurt.
Mr.. Writ was cross examined by Mr.
Bird. whose principal object was to show
that 0'Neil was not in charge. but tool
his orders from 4 man named Spur.
rier, who was train master Wir
maintained that while he wAs,in 0'Neip
yard he was subject to his orders.
The Equitable Life" holds large
surplus, writes larger annual business