Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-02-23
VERDICT ron DEFENDANT.
Lewis G. Adams Fails to Obtain u;
Cisiou in the Dninnue Case

kins, asked for Judgment upon the failure
OF the defendant to file the usual bill of |
exceptions. Judgment was granted.
The damage case Of Lewis G. Adams VS..
Francis i, Clymer was next called for
trial A special jury had been summoned
in the case. There were six absentees
Chief Justice Robinson stating that he had
received excuses from six jUrymen; two
had offered no excuse, while one was re-
ported non est,
Ex.Mayor Harrington represents the
plaintiff while Bradford & Vandcgrft ap.
peared for the defendant. The right Of
challenge was freely exercised.
In opening Mr. Harrington stated that
this was case for damages i'll the sum of
5000 for personal injuries, brought by
Lewis c. Adams against franCisT Ciymer.
Damages were asked by reason OF injuries
alleged to have been sustained in the de-
fendants works. September ith, 1856. The
plaintiff became of age April 18th, 1881,
and immediately upon attaining his ma
jurIty brought suit for damages. The lad
was l6 years old when he was injured and
was resting under the assurance that the
defendant would recbup him for his loss
by reason of injuries before bringing suit.
The plaintiff in June 1856. was EN-
ployed by the defendant to operate pony
plaircr, and was not advised as to the
dangerous construction OF the machine.
nor was he ever warned as to its hazardous
nature. The plaintiff had operated the
machine one week when Jacnh r Ilvtncr
informed him Tint he cnuld not snGress.
fully onerate II but if he was wilIiu,, 10
| accent 81 80 "A week he mi M continue
MIR. Clymer illustrated n method If nnnrat-
ing the machine SO dangerous as tN hazard
the life of its OPERATOR Mr.. Harrington
claimed and it was this instruction given
him by Mr.. Ciymer which resulted in the
accident.
avis r. Adams tho ,,iai,tifp rros c,Il,,,t
to The stand. He worked for +. n CIvmer
| from June 1856 mil tile 4th iuv nj son.
TENDER, If the same wear, when IN, VA. III
! iured. lie refrniuri from brin,.iuy SIN
sooner because he was lea 10 believe that
! Mr.. CIvmer would rive him Stibssot,ant
employment He was III yenr, Ol,l when
| ini'Irpd IN. was Iurt hvo nnn,, ,,lnI,cr
| bGt bal never operntrd slch n marhine
prior Ia rni,Ip ~ wnrIs for Mr. ii,.mnr
! He accented Tia rpduction of his Sainr,,
| becatls. he wus the only nemGer Of TX
I family workinp nnd the l,ttar wars III,
pendent upon him Tor support,
rhe plaintiff eXhibitpd His RIGHT hand
with only tha tbumf, and GItIe Hnger re-.
mainline, Thc thran n,id,JIn tt,,ar5 ,,,,ra
/ entirely gone me finGrrs ,ynrr a,nr',.
tated by coming in cnutast with keEniyrs
OF the pony rlntpr.
Al tlc tifn.. III M ,co;,lo,,, ~ l.,,i,.oy,t
the machine wore Tiaisin,, 4 I1S ro,,Iy,.
tons a milrlte. Witness VA reachin,,
over tho machine ~ ylithIraN. n ,,icra ~
WOOD. when his l,and hnca,nn rntat,,,Iad i,
the knives liz rniiad fnr ,ssista"ra a,,H
Jac"h l.. IEmer stopped the machine
ing iylindeE boxes hat to be removed in
uTact I" release the hand, The witness
lie remembered 4 man natned INN, K
Marin nnrrn,,rbins, Ei,, vii d,',
/ wIicI atfp,nnteS IL Iiim ,ha H., NJ,
fingers, =
r l. CIymer summoned carriage and
when witness was getting in the carriage
said Don't scratch the carriage. 1t is a
new one. Witness was then removed TO
his home No. 81 West Fifth street. MIR
NlNiner accompanied him home but did
not enter the house DIS bravo and
Joseph L. Smith dressed his injuries.
Witness said lie was confined to his
room about four days and suffered con.
siderable pain. He carried the wounded
arm in sling five weeks. Witness IS un.
able to do any physical labor and is i'm.
able to secure employment. lie tried t.
obtain employment in New York. Phila
delphia, Camden and in this city, but in
every instance failed
The witness was Cross-eXamined by Mfr
Bradford OF counsel for the defence, wht
asked him To name all the persons in IN,
room at the time Of the accident lie salt
he was unable 10 do thar, as he was attend
! ing to his work at the time. Witness de
MED that he was looking ont OF The win
dow at some passing girls when tin
accident occurred. In reply to Mr.. Brad
, turd's questions he admitted that he ha,
been cautioned four or tive times to b
= careful III operating the machine.
A model Of the pony plamer was her
produced in court and the witness dem0n
! strated the manner in which he was in
: iurcd. Witness was passing around til
machine to get the pieces of finished VINO,