Los Angeles herald., 1892-09-21
NOT TO BE PAID FOR HIS EYE,
West BOlden Non-suited in a
Claim for Damages.
A Man Who Could Not Speak Eng
lish Denied Citizenship.
Judge Shaw's Interview with an italian.
The Salvation Army Gets q Set
back Court Notes.
New Suits.

West Bolden will not, through the su.
perior court, recover any damage from
Llewellyn Bros. for the loss of his right
eye, which occurred at their foundry
the Columbia-over year ago. The
trial OF the cause was resumed yesterday
morning, before Judge Shaw, in depart
ment five Of the superior court, and the
plaintiffs testimony was concluded by
II o'clock. Bolden, as will be remem-
bered, was struck in the eye by piece
OF molten metal which he was assisting
to pour into an old car wheel, for the
purpose Of breaking it up to be remelted.
An explosion resulted, throwing the
metal in every direction. He brought
suit for $20.000. After the accident the
Llewellyn Bros. paid his DOCTORS bill for
several weeks, and he then resumed his
work in the foundry, continuing in it
for several months. Then he left the
foundry and brought the suit.
At the conclusion of the testimony in
his behalf. both r. III. F. Variel and
Stephen M. White, for the defendants,
argued motion for a nonsuit, the giet
of their argument being that the acci-
dent wss not due to the carelessness Of
the defendants, but was unexpected and
unavoidable. The court took recess at
the conclusion of their arguments, and,
at 2 O'Clock, granted the motion for a
nonsuit. In rendering his de-
cision he said, in substance,
that the complaint charges negli-
gence on the part of the defendants,
in requiring the plaintiff to assist in
pouring melted iron into car wheel,
which, it was alleged, was dangerous
operation, the danger being known to
the defendants and unknown to the
plaintiff at the time. 1t appeared from
the evidence that it was not particular
ly dangerous 10 pour melted iron into a
car wheel, but it becomes go where the
wheel contains water, or some substance
which will form gas from the heat.
Also, that whether or not the wheel
contains water, is fact that can be
ascertained.
It was not alleged, said the court, that
the defendants required the plaintiff to
assist in pouring the iron into car
wheel which was wet. In this particu-
lar there was variance. 1t did not ap-
pear, except by inference, that the
wheels were wet, nor did it appear at
all that the defendants knew or sup
posed they had water in them. 1t was
shown that man named Rene had
charge of the operation, and if the
wheel was wet and he made no exam
ination to ascertain the fact, that was
Rene's negligence, and he was fellow
servant with the plaintiff. For this the
plaintiff cannot recover.
Both ON the ground that the negli-
gence proven was not the negligence al
legged, and that it was not the defen-
dants' negligence, but that of a fellow
servant, the court granted the motion
for nonsuit.
Mr.. Munroe, upon the decision, re-
quested leave to amend the complaint,
so that it would include the point rela-
tive to the wheel being wet, and that
the defendants knew it, and the motion
was granted; but the court, saying that
it made no difference in the material
points upon which he had ruled, granted
the nonsuit over again, and noted an
exception by Mr.. Variel, that he OBJ
jected to the amending of the complaint.