The sun., 1893-06-07

MIR. Davis stopped to take q drink OF water,
and Justice Andrews took advantage OF the
The evidence in this case" he said. shows
men we're Kied % We now Sefft the sq jury found
that the nltintifr would not have suffered 1t he
that hs Thsre Toaa mo
dence OF what the effect was OF Sagc's causing
the painti1 to change his position. II he
| place Of danger. whether he used great toroe
or little force. whether he spoke or did not
ing at mo with gun and induce somebody
to get In front Of me would be liable But
there is failure Of prnoi or that part It seems
shows that ell the plaintiffs Injuries were on
the left side. The breaking Of the 1rum Of the
n:'.iou5 Honor" saIa III: Davis. that is a
No. it is not a matter OF conjecture.' renlied
the Judge. 1t is the evidence in the case.
Mr. Davis began to look blank again. Mr..
Choatc. who had been getting very nervous.
Your Honor. i, think it would be a great
missed. 1t was ordered to be sent here for
trial ont OF its SO order Uernnse Of the precarious
which he might die us result Of thes. in
Inries md the cause OF action nie with him;
70 tie amount Of damage At ali: but simply
should he be entitled to receive only IS.
"Of course. there may be injuries from
which were inevitable anywhere in that room.
1t may be SO certain TO your Honor that by
% omit S
he would have suffered even II he had not
been moved. But our action here is for GER
tain specific injuries when as matter Of 40.
ioIte nr'o n1b ,b cerai55sy so that IT VII pGt
the place where he was moved Gy the de.end-
ant; snge.
law that every piece % Of i and ne sho:
Isen . 100. ana hall further !" ne right.
Of dlsmissine the case. True. there was CON
eussion. but that proves nothing, shock
able to resist and resist so successfully that
he is here to.aay as spriGhtly as 2 boy"
caSne nsn r sage the reaSn:
IN .as v0le a th.t st nShI
to ono plank which is not nig enough to sup
port them both. either, of them is justified in
ssd Rss the SS15t
Dillon irowned and said: You might as we'll
say So that the Kings BENCH has oysrruled the
hand OF the Creator"
It's a. solemn fact, though" said Mr..
Choate. 1T has heen overruled. and men
This. your Dh Honor" on Mr. Dillon went on. lis
TEN pie where justice abideth and where
man. even though he may be rich. is entitled
to tho protection OF the law"
After Mr.. Dilfon had finished Justice An
drews delivered his decision:
ent classes q injury. The injuries most dwelt
upon were the injury to his nervous system
and the drum OF his ear and his, present In
ability, to work. 1t is entirely obvious that
these iniuries We're the direct result OF tho
explosion itself; Tho matter is not left in
but the rlaintin's 8 testin, ony plainly shows how
this explosion occurred and that 1t occurred
by tho throwing Of these ten pounds OF dyna-
mite on the floor OF the Office. 1t In perfectly
evident that the plaintiff could not possibly
be allowed to, recover for those INJURIES be-
u he had not been moved. 10 far as tho other
Injuries are concerned. tho wounds In the
back and the various substances that were
thrown aGainst him. think there is a failure
OF proof On the part Of the plaintiff to show. as
to move from one position to another. / think.
therefore. there IL an sntire failure Of the
case. and as there is no evidence to go before
the jury m ust dismiss tho case"
A hn2E OF excltement went through the room.
:. win your you Honor .ilow me to nut Mr.. lad
No." replied the Judge. II cannot allow
the case to be reopened now"
Mr. Choata then said that he would appeal
from the Judges ruling Mr.. SAGE. shook
something to them wien a terrific peal of
thunder made him start. He quickly but
toned his coat and left the court room.