Los Angeles herald., 1892-10-05
DECIDED TO Be CARELESSNESS.
Brakeman Long Loses His Suit
Against Coronado Railway.
The Proceedings in the Various
Courts Yesterday.
A Damage Suit Allowed to 60 by De-
fault-Munroe Likely to Get OFF
Easy Court Notes - New
Suits Filed.

AAonA thO nuPiOmo COuI1 Wy IA. - Aph
more, deputy clerk Of the supreme
court, reversing the judgment and or
dering new trial in the case of Edgar
E. Long, respondent, We. the Coronado
Railroad company, appellant. The de-
fendant appealed from the judgment
and order refusing new trial.
The action was to recover damages for
injuries received by Long while he was
conductor and brakeman on the rail-
road. He had been in its employ for
several months. At first brakeman
had been employed, but he was taken
off the belt line around the bay to Fifth
street, San Diego, in July, and from the
avenue line-from the hotel to the ferry
long before, when, it does not appear.
Long left the employment in June, but
returned in September. When he be-
gan again there was no brakeman, and
he was both conductor and brakeman.
The freight cars used by the company
were four-wheeled cars with no bump
ers, and with stake staples projecting
from the ends. The draw heads were
scarcely longer than the depth of the
staples. 1t was impossible to couple the
cars by going between them, and they
would raise the link, keep it in place by
block, and fix it so that il would easily
drop into place, or if it failed to do so
from the jar, it could be- touched with a
stick and made to fall in. The plaintiff
was aware of the danger of thus coupling
the cars.
When he was injured the engine, with
two cars attached, loaded with railroad
ties, stood on curve and was to be at
tached to third car further back on
the curve. Long having adjusted the
link and pin. stepped to the outside of
the curve and gave the signal TO bach,
which was done. Seeing the pin fall too
soon he gave the signal to stop, and the
cars were stopped when about one foot
from the third car. Long could not see
the engineer from this point. He
jumped in to readjust the pin, when the
car moved again and he was caught and
injured.
A jury was waived, and the court
found for the plaintiff, and judgment
was entered accordingly. The court
say that it does not see how the judg-
ment can be maintained. Respondents
counsel admitted that to 60 between
these cars for the purpose of coupling
was equivalent to an attempt to commit
suicide, but contends that the plaintiff
went there when the car was at rest, and
there was an implied promise on the
part of the engineer that it would not
move until he gave the signal. Even on
this theory plaintiff could not recover,
for then the cars must have been moved
either through carelessness or incompe-
tency OF fellow servant. At the trial
the charge of incompetency was with
drawn. The accident resulted solely
from the PLAINTIFF carelessness. The
judgment and order are therefore re-
versed, and new trial ordered.
LET 1T 60 BY DEFAULT.
1t is not often that a $4,000 damage
suit is allowed to 20 by default, bntsuch
has been the case in suit brought by
Mr.. Bell against a man named Anselmo.
The case has been pending few months
in the superior court, and although the
defendant had an attorney, the order OF
default and judgment for the plaintiff
was allowed to be entered a few days
ago. The plaintiff was riding in buggy
on Buena Vista street several months
ago, when runaway team belonging to
Anselmo came dashing along and struck
her vehicle, throwing her out. She sus.
tanned severe injuries, which, according
to her complaint, have confined her ever
since and up to the present time in bed
The plaintiff wanted $4,000 for the in
juries received and $4,000 tor her future
prostration, claiming that she is go in
jured that she will never again be re
stored to health.
AN IMPORTANT WITNESS ABSENT.
1t looks very much as if George Mon
roe, the slick operator in school war
rants, will 60 free of the charge of for
gerry, upon which he is now awaiting
trial in department one of the superior
court. His case has been continued
from time to time, and is now awaiting
charge made by his attorney, who al
leges the information does not state
facts sufficient to constitute public of
Tense. The principal witness agains
Monroe was Jackson, whom he is al
legged to have swindled out Of $500
Jackson, however, has been paid baci
since Monroe's arrest and is now in Kan
sas City, and declines to come back as 6
witness in the case. The forged war
rants he held have been returned tt
Monroe, and the district attorney in th'
trial OF the case will be obliged to us'
the testimony given by Jackson at tn,
preliminary examination. The case fo
the people has suffered by this methot
of getting the material witness out 0
the way, and the district attorneys OF
fee is in somewhat Of quandary as tt
the best method of procedure.
iks Court Notes.
?. O'Leary, was before Judge Smitl
| yesterday morning, and Messrs. Blai
and Ready were appointed counsel e