Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-03-07
A ANS DAMAGE SUIT.
An Interesting Case Being Tried Before
the Superior Court.


vs. the p. W. & B Railroad Company WAS
begun In the Superior Court lore this
morning. before a special jury Hon.
Charles B. Lore and Harry Emmons ap-
peared for the plaintiff. Sena or George
Gray and Hon. George V. Massey were
counsel for the defendants
In opening the case Mr.. Lore said hat
the assault was committed at Harring-
ton on December 20, 1890, by Conductor
William H. Lodge.
The plaintiff WAS then placed on the
stand He said
"My name Is Henry d. Adams. live
at Ogdenburg, Kent county, this state.
| left home with my brother We were
coming to Wilmington, and from there
we intended to 60 to Philadel
phis Ny brother went into the
Harrington station and bought the
tickets. When we came out OF the
station door the train started My
brother got on board / had got hold Of
the ratings with both hands and had
my foot an the lower step, when
was jerked three times, had my grip on
platform with great force Conductor
aRAAN AAA ~ was rVIN MnA
bruised for several weeks INV
back was injured. WAS employed by
my brother as a sawyer. In making d
heavy lift something In the small Of my
back gave way"
Under cross-examination by Senator
Gray he said that he was not only in
jured, but was dlsgrased as well.
Under redirect examination he said
that his feet we're not dragging until his
hold was broken, and he heard no one call
"All sboardr
Roger B Adams, brother Of thelplsia.
tiff, described the assault. he said his
brother had to quit work for him aud had
already lost 5000 or $500. He had no no,
tice that the train was starting
Charles w Morten swore that he was
going to Philadelphia with the two men,
but was prevented from boardlog the
train by reaso Of the assault
Johu O. Thrawley testified that tn,
plaintiff fell 80 heavily that his body re-
| bounded.
William r. Sharp swore that tb,
plaintiff had a violent fall. he struck OF
his shoulder and his coat was torn
George R Jones said the fall was
heavy. In his opinion the plaintiff
would not have any difficulty II the con
ductor had not taken hold OF him
When cross examined he stated that thu
conductor fell on all fours, and the,
really had two falls.
Thomas Evans swore that after th
fall the plaintiff put his hand on his bill
and limped.
At 1905 O'Clock Mr.. Lore rested hi
case.
GRAY FOR THE RAILROAD.
Senator GRAY, IN outlining she defence
said that he would show that tue con
ductor, who stood on the platfoir
Of the forward car, saw th
plaintiff. who was intoxic tied, tryin
70 get on the train. He ran 20 the ma
and attempted TO rescue him from hi
perllous position, and. using considerabl
force to prevent him from falling unde
the train.
simon G Long. assistant engineer {
the Delaware railroad, exemplifsd ira
ing Of the Harrington station aud rs SUI
roundings. This tracing was admitted /
evidence, as were also Eve photograph
views OF the station and its euvironmenti
Conductor Lodge took the stand. 81
said:
1.-The man was intoxicated. though
he was in danger, as he could not kes
up with the train grabbed him by bot
shoulders aud jerked him until broke
hold. Then / swung him clear Of N
track and let him fail. Ny sole objsl
was to prevent him from falling und'
the wheels AS soon as threw the ma
jumped on the platform OF anoth,
passing car, laDd left him. II he had he
on until he reached the thigh platform
would have been struck / could not ha'
pushed him up on the platform, but
could pull him from IL.
, Under cross-examination his testlmor
remained unimpeached, up to the tin
OF the noon recess.
The direct, cross and redirect exam
nations were conducted with unusu
daanalch