Bridgeton pioneer., 1893-05-11
EBRIDGEToN, N. j.. THURSDAY. MAY II, 1893.

OF construction, and had never been
completed or accepted by the com.
pany.
The Colonel spent but a very few
moments In speaking to the jury,
Claiming that 1t was SO largely a mat.
ter OF law and left but little to say to
the twelve men.
Ex-Judge Westcott began his argu-
ment by paying Col. Potter a high
compliment, as learned and skillfull
lawyer. He first declared that Paxton
did not contribute negligence from the
TACT that he knew nothing of the
construction of the tank building and
that he had no knowledge that crude
petroleum would generate gas.
MIR. Westcott then spoke of the con-
struction of the building, and the fact
that the defendant company had
knowledge of the dangerous condition
OF that tank building. Both Mr.. Bas-
set and Mr.. Shoemaker had had ex.
perience with this place, and should
have given all protection to the em.
ployees.
The speaker thus took up the pro-
position of Paxton's right to be there
He said that Mr.. Bassett had testified
that 1t was the duty of the engineer
to keep the oil running, and If he
could not do 1t, and In sending for
Paxton, Earl was only doing his duty
as laid down by the company. He
showed by Paxton's evidence that Mr..
Bassett had told him to do anything
about there that he was called to.
He called the attention to the evidence
of che night engineer, who said that
Mr.. Bassett told him to do the best he
could, and If he got in trouble to send
the night watchman for help.
Judge Reed read nearly his entire
charge, and he said that if 1t was found
that the engineer had charge of the
pipes and the oil flow, and that he
sent for Paxton to assist him, then
Paxton was not trespasser. He
charged that 1t was the duty of the
jury to say whether or not the defend.
ants knew that the tank house was
place of danger. Again 1t was for the
jury to say whether the company ex-
ercised a fair degree of care in warn
ing men or not of the danger of the
place. In making up verdict, it
must be considered that Cox C Sons
men were the only ones entering the
buildings, and it was not the duty of
the company to notify all these men,
especially when Cox s. Sons knew this
danger. Again it must be considered
that this plant was an incompleted
plant. But the test is did the COM
pany do all that 1t should have done
In making known to It's servant the
dangerous character of the tank build
ing. It must also be considered
whether or not the plaintiff contrib
uted negligence.
THURSDAY AFTERNOON.
Court is over for the week. The
last action was the rendering of ver-
dict by the jury in the case of Edward
81. Paxton against the Cumberland
Glass Company. 1t was about ten
O'Clock when the jury agreed upon
verdict, and returned it to Judge Reed,
who was sent for when it was learned
that the twelve men had agreed. 1t
was a verdict of $4,000 for Paxton
just $4,000 less than he had brought
suit for.
The jury had been out about eleven
hours. Soon after retiring, 1t was
decided that Paxton was entitled to
damages, but the question of figures
could not be decided upon. Some
wanted to give the full amount, and
Others less, and finally all agreed on
$4,000. Mr.. @. w. Shoemaker, of the
Company, learned of the verdict this
morning through PIONEER reporter,
and when asked whether or not the
Company would accept the verdict,
replied that he could not say.
Part of the afternoon session was
taken up with the trial of an interest
ing Circuit Court issue which was
styled on the list ''Charles Basic VS..
We'll Bros. In attachment, on con-
tract, Charles K. Lands, Jr., appeared
for the plaintiff, and N. II. Stevens, of
VIneland, and Lindley M. Garrison, of
Camden, for the defendants. The case
was one of the most difficult to under
stand, that has ever been brought In
this Court, and it took hours for the
Court and Jury to understand the
issue, and then only after a mass of
figures had been produced on page
after page of legal cap.
The suit was brought by Bosio who
made shirts for We'll Bros. for sum
of $402. This amount was claimed to
be due. The defense was that not
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