Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-17
SUPERIOR COURT.
Tho Case of Cook VS.. Electric Light Com
pany Terminates in Favor of the Plain-


week the jury in the case of Adams
VS.. the r., w. & B. Railroad Company
returned at 3 o'clock with verdict in
favor Of the defendant. The Jury had
been out two hours and As minutes.
Only one ballot was taken and that i'm
mediately before the jury returned to
the court room. Among the Jurors it
was understood only one Of their mum
Der favored verdict fol the plaintiff.
lie contendcd that the plaintiff could
have safely gotten on the train had he
not been interferred with by tho con-
duclor and therefore was entitled to
damages. The other Jurors reminded
him of q portion OF the charge of the
court, that the railroad company had
rules prohibiting persons jumping on
moving trains and that the plaintiff in
violating said rules trespassed. Ii was
hard to convince the juror who was
friendly to the plaintiffs suit but finally
he was brought over to the other Jurors
way of thinking.
Court reassembled at 2.30 o'clock,
from which time until $40 o'clock, ex-
cept during the few minutes requ ed to
receive the verdict in the railroad case,
}. ii. Hoifecker, Jr., continued his cross
examination Of the plaintiff in the case
Of John Il. Cook VS.. Wilmington City
| Electric Company.
| Alexander Mcdonald testified 81 am
night Waterman at the Wilmington q
| Northern railroad shops and went part
way home with Cook the morning of
| October 9th, 1890. Cook worked all
hostler, the man who attended to the loco
! Attt I luf
and Maryland avenue. II was drizzing.n
Douglas McClane testified: 81 lived
next door to Cook. was awakened
by my wife, who told me Cook was
being burned by M electric wire.
went where Cook was and seeing
his predicamont returned home and
got two clothes props. Going back
to where Cook was | gave prop to Il
man and while one of lis held the wire
down the other punched it from Cooks
hand. Cook was lying on his side in
the well-detined path, with kettle ON
his right arm, his right hand in his
pocket and his left hand on the wire. y
Lemuel Sylvester testified; after the
wire was punched from Cooks hand he
gave sigh and rolled up his eyes like
he was dying and | thought he was
dead"
Mrs. Rebecca AIcClanc testified: az
heard cries of murder and going out
doors was told that Cook was being
burned up by an electric wire
called my husband. When Cook was
carried into the house he looked like Il
corpse. While | was at the door and
he at the corner he seemed to be crying
help and water"
City Engineer Palmer described a
plot of the corner of Franklin and Ban
ming streets and its surroundings, which
was admitted in evidence.
James Kelley, who resided at said
corner, testified; "rhere was only one
wire from the pole on Maryland avenue
to the pole at the corner Of Franklin
and Banning streets. A man who came
to my house the night of October 23d
left between $50 and 1910 o'clock,
When | went to the door with him he
said the wire was going TO break.
Going upstairs my wife and | stood at a
window and looked Mt the wire splitting
sparks. Later tho wire broke and fell
Next morning heard man yell three
times. | went outdoors and found
Cook with the wire in his hand. lie
told me not to touch it. / went after d
poker but threw it away. | thought
Cook was dead before the wire wa.
punched from his hand. His body was
lying in the path on Banning street and
was in contortion."
Robert Cottingham testified; "Cool
was much stoutcr before the accident
than he is now. | have heard him com
plain repeatedly Of his injuries. liz
said they were caused by the wire.
have also heard him complain of hi!
eyesight, but never heard him complain
Of it before the accident"
Mrs. Annie Kelley testified: heart
, Cook calling for water and saying In
, burning up"
. At the request of Levi C. Bird an at
! tachment was issued for John Il. Porter
a witness who promised TO be prescn
, yesterday but was not.
, Mr.. Kelley was recalled and tcstifct
/ that the wire parted nearest the pole OF
e Maryland avenue.
g Frank ID. Sweeten, formerly a tcle
!, graph operator and now o dealer il
!. electrical supplies, testified "rhe efTec
OF an electric wire falling upon person
depends upon the way man takes holl
OF il and upon the strength OF the cur
rent. The wire for ordinary CONNER
: will not hurt him. In the accident a
Banning and Franklin streets the con
ditious were probably such as 10 caus
Il serious injury. Ii a man should catel
: hold OF one end of broken live wir
! the shock would be greater if the othe
u end were grounded. Whom one wir
7 crosses another, il one is grounded, til
y wire viii burn oil. The breaking Of
Il | single Kyirp is prpi4al.lts cattsoI l,tf :, 4 81
Y feet. ! cannot account for the spittin
!. of fire BY tic wire which caused Cook
: injuries
y During the afternoon, in the law Il
brary, a Jury took an inquisition in tn
case of Harry Lape, use Of the Iacllso
, d sharp Company, VS.. the Sccurit
r Trust and Safe Deposit Company, eS
N ecutor Of John Fehrcnbach, deceased
e judgment on verdict, aud awarded III
q amount asked, s31i.0G.
= When court convened Thursday Ill
>, >, case Of Cook VS.. The Wilmington Git
= Electric Company was resumed.
:, DR. Draper testified that on October s.t
~ 1891, Cook came to his Office with burnc
" hand and complained of suffering frol
Y electric shock. lie found His finger burnt
almost to the bone and dressed it for hin
He came to the office II times, eXtcndir
INTO December.
l7 In answer 10 Mr.. Bird the witness spi
N that il was possible that n strong clectr
l. shock might result in chronic neurag
d, and c9i'sc 4 permanent injury. It migl
o. also impure his eyeaght.
n DIR. Howard Ogle was called as an @
il pert and testified that a man who had r
e ceiycd heavy electric shock might
i'll permanently injured, and it was pUssib
II, that his eyes might be affected.
n. John Gorkran, an enplnHe Of the w