The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-10-05
A LEGAL BATTLE.
Counsel in the Tenant Case Make a
sharp Fight on the Question
of Damage.

centred around the case OF Mary Il. len
nant against the Grand Trunk Railway
Company, The case is suit brought to
recover $4,000 for the death of John S.
Tenant, brakeman, who died in Jantl-
airy, 1891, as the result of injuries re-
ceived while in the employ of the COM
pany. He went under freight train
and was shockingly mangled. The acct
dent occurred on Browns wharf.
Ex-Attorney General Baker and Hon.
George E. Bird, counsel for Mrs. Ten
nant, claimed that the cars were not
properly provided with ladders, guards
and other appliances to ensure the safety
of the brakemen, and that the track
down Browns wharf was not in proper
condition; that it was for considerable
distance sloping; that it was INSTRUCTED
by snow and ice, and that the sides and
wharf adjoining the track, and where
the brakeman must step off, were not
safe, and that the unsafe condition of
the track and car was due to the neglect
of the defendant corporation.i
And it was further alleged that Ten
nant was set to work as brakeman
without any proper warning, caution or
instruction, and that he was exposed to
great and unnecessary risk and peril not
required by his regular employment.
The plea of mot guilty. was entered
in behalf of the defendant corporation
by Hon A.. A. Strout and C. A. Hight
for the corporation, and the trial began
Monday, in the Circuit Court, before
Judge Webb.
Mr.. Baker and Mr.. Bird introduced ev-
idence in line with the allegations in the
writ. They showed by the officers of the
weather signal Office the condition of the
weather during the portion of January,
1891, under consideration. DR.. Frederic
Henry Gerrish testified to the condition
Of Mr.. Tenant between the time of the
accident and of his death. DR.. Gerrish
described at length the nature Of the in
juries received by Tenant, when he
stepped from the car the night of Janua-
nv "a, was thrown down and carried I'M
der the car. They then called railroad
men, not in the employ of the Grand
Trunk, who testified to the condition of
the car from which Tenant stepped.
The evidence was in line with the aver
ment of the writ that there had been
neglect ITO equip the car with steps.
ladders, handles, guards and other appli-
ances necessary to render the same safe,
suitable and adapted to their purpose"
Members of the coroner's jury and 9th.
ers were called to testify regarding the
condition of the track, that it, as we'll as
the sides and wharf Twas obstructed by
the piled up snow, as well as by the ice.
They occupied two# days and half in
putting in their evidence. 1t is needless
to say that every inch of the ground was
fought over. The. plaintiff rested at
noon yesterday, and Mr.. Strout called
Sidney Stewart, of the Grand Trunk, as
his first witness. At the afternoon ses-
sion Mr.. Hight questioned Mr.. Stewart
closely regarding the condition of the
track along and down Browns wharf at
the time of the accident. Mr.. Stewart
did not see the place the night of the ac-
cident, but did see it about 9 o'clock the
next morning. He was handed photo
graphs taken at the time, and said they
agreed with his recollection of the scene.
These photographs showed the bank of
ice and snow along the track by scar 623.
Cumberland Valley Rail- oad" He testi-
fed that he first engaged Tenant to
work for the Grand Trunk in 1882, then
as coupler. He gave Tenant instruc-
ton regarding the dangerous nature Of
his work. He was cross-examined by
Mr.. Baker regarding the condition of the
track at the time of the accident. He
testified that the ladder of No. 623 was
on the rear of the car, as was also shown
by the photograph. The engineer occu-
pies the right hand side of the cab. The
.shead coupler of freight train takes
his signal from the engineer, and the
ssrear coupler from the "head coupler"
all being under the orders of the conduc-
tor. Mr.. Stewart said that from the
right side of the train the coupler would
have seen the signals of the engineer. He
did not believe that it was safe way for
a brakeman to leave the car, as Tenant
did. He was unable to see how Tenant
could have escaped going under the car
after he stepped on the bank. He was
unable to state what was the exact state
of the bank of ice and snow. Mr.. Stew
art was cross-examined regarding Mr..
Tenant S connection with the road. He
said Tenant was in the employ of the
road; that he was ordered to go down
the wharf; that of the 10000 men en-
ployed by the Grand Trunk system Ten
nant was the one man especially desig-
mated for the special duty in which he
was engaged at the time of his death.
He said that as far as he knew no exam
ination had been made that winter Of the
track down the wharf. The track there