The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-11-30
AN UNUSUAL SUIT.
a Girl Sues for. Damages for the
Loss of Her Lover
KILLED IN A RAILROAD WRECK
She Thinks tho Railroad Company
owes Her Compensation for Rob.
bling Her ola Husband Who Would
Have Been Her Maintenance, and
Asks for Forty Thousand Dollars.

PouoHKEEPsIE, N. Y, Nov. 29.-The
terrible collision on the New York Gem
trail railroad at Hastings, on December
"a, 1891, which brought SO much suffer-
ing and so much death, has resulted in
a suit against the company for dam
ages for the loss Of a betrothed hus-
band.
This is a somewhat rare proceeding
In this state, but some jurists say that
there is no reason why a plaintiff in
such a case should not ecover.
On the train which was t~elescoped
through the blunder of the rear brake
man Herrick, in not signalling the train
behind it, was John R Bagnall, editor
of the Evening Star, OF this city. The
escaping q scalded him cruelty
about the head and body, and when no
was extricated from a a of wreck
and splinters he was almost dead.
He was taken 10 st. Johns Hospital
in Yonkers, and the physicians found
that he was seriously hurt internally.
He fingered in great agony until death
came to his relief.
The same train carried as a passenger
Miss Eva Frear, also OF this city. who
was to all appearances merely a friend
of Mr.. Bagnall. They had met in the
car apparently and were in conversation
when the crash came. Miss Frear was
slightly hurt and went to the same hos
pital as Mr.. Bagnall.
SAYS THEY WERE ENGAGED.
The young woman now announces
that she was engaged to marry the edi-
tor. She has instructed her lawyer to
bring suit against the company for S40.-
600 damages, claiming that in his death
she lost n husband and was thus de-
priyed OF maintenance and support.
She has expressed a willingness to COM
promise the case for $4,000.
The defense OF the railroad company,
it is said, may be twofold. In the first
place it will throw doubt m the fact OF
the engagement, and will then deny
any responsibility to Miss Frear even
il she and Bagnall were engaged, on
the ground that the damage was too re.
mote and that as she ia not q relative
she can claim nothing.
But the plaintiff says she will have
the evidence Of a barber who shaved
Mr.. Bagnall before he took his fateiul
trip to New York. The man says the
editor told him he was engaged to Miss
Frear and that he meant to marry her.
The woman's sister also declared that
thew were engaged. At the time Of the
accident there was some talk to the
effect that they were betrothed, but it
was denied.
The New York Central railroad policy
has been not TO revive memories OF the
Hastings disaster, which wa confessed
ly the result Of the recklessness Of one
Of the employees. People who were en-
titled to damages, it is said, had their
claims considered and paid. The COM
pany, however, takes the ground that
Its unwillingness to agitate the ques-
ton Of the disaster, has made it pecu-
liarly subject to unfair. demands which
it will not pay.
ANOTHER CASE IN POINT.
DR.. Stephen E. Best, of No. 244 Lenox
avenue, New York, was killed in the
collision. He was engaged to be mar
ried to a beautiful girl, whose heart was
broken by his death. The liability OF
the company il shown to exist in the
Bagnall case, would also extend to that
of DR.. Best. The family of the doctor
have not considered the question of any
claim similar to that OF Miss Frear.
A question that will be of importance
in this litigation is that OF how many
people a railroad company is liable to
for damages. The parents OF an un:
married victim, or his brothers and
sisters if he is an orphan, sue orpor
tons for damages. II he is married the
suit is begun by his wife.
The problem now is whether the
claim OF a betrothed wipes out that Of
the parents or brothers and sisters en-
tirely. The liability OF the company
could not well extend to all the victims
friends and acquaintance.
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