Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1894-06-13
BUILDING THE DEFENSE
Large Number OF Witnesses
for the Railway Company.
SUFFICIENT WARNING WAS GIVEN

The suit Of Benjamin Mills against the
Wilmington City Railway Company oc
cupied the attention Of the Superior
Court yesterday afternoon. The count
denied Mr. Saulsbury's motion for non
suit. He noted an exception and pro-
ceeded to address the jury before calling
witnesses for the defense. He said, in
part, after reviewing the case:
What the Defense Expects TO Prove,
81 expect 10 show you that that blast
ing was being done by men paid by the
Wilmington City Railway Company TO
make q drain for a summer road near
Shellpot Park l shall produce TO you
plot showing the exact location Of
everything, even to the trees and shall
prove TO your satisfaction that every
reasonable care WAS exercised to prevent
anyone passing along the turnpike from
being injured. l expect TO prove that
this man had been loafng around the
park watching the men blasting, and,
at times, in the way. At this
particular blast there were three warn.
ings given, and one OF the men, seeing
shat this old man WAS not getting away
fast enough, took him behind a tree.
Then the old fellow. full OF curiosity,
came ont from bahind that tree and got
on the side of the road where he could
see the blast 70 off Two rocks came
down the road towards him. He lodged
one ana the other struck him on the leg.
| expect to provo to you that this mans
present injuries are not the result Of
that blast. Men were stationed below
and above the bridge for the purpose of
giving warning. l shall call witnesses to
prove that it is never customary to cover
a blast in a locality of that character.
shall produce such medical evidence as
will convince you that these pre- sent
injuries sre not the result of being
/ struck by that rock. / shall also prove
that we were there in the performance
or work of public improvement, lawful
and justified by law, aud with the con-
sent of turnpike company, the work be
ing done under the superintendent of the
| turnpike II we do this we shall expect
at your hands a verdict Of not guilty OF
negligence.
Discrepancies in the Carsweli Plot.
Civil Engineer George n. Comfy pre-
sented plot Of the premises. swore e
its accuracy, and exempEfed it He also
pointed out certain discrepancies ia th,
plot prepared by Civil Engineer William
B. Carswel
Had Entered Into an Agreement.
William Candy, president Of the VIII.
mington aud Philadelphia Turnpike Com
pany, was affirmed Mr.. Salisbury asked
him II the turnpike company had entered
into an agreement TO allowFthe RAILWAY
company to extend its tracks from
Rivsrview to Shellpot bridge
- 81
irrelevanoy, but the court overruleC
the objections, and the question wa.
repeated Mr. Hilles objected again
ing and Mr.. Candy could only SAY
whether or not an agreement was entered
into. The question was modified TO tha
extent, and the witness answered in tn
Affirmative. He also identified thl
written agreement Mr.. Sauls-
bury then offered the contract IL
evidence, but Mr. Hilles again objected
saying that there was no testimony q
show that the putting in of the trunl
was for the purpose Of draining tn
summer road. He was again overrule
and the contrsci was Edmitted In evl
dence and read to ths jury.
He Was Very Pert witness.
Peter Waitg Testified that he wss
, laborer for the Wilmington City Railwa
/ Company He remembered Mills an
the time be was struck by rock. Il
was building a summer road and blastin
/ to open the ditch according to the turr
, pike company's orders. He was forema
of the gang. Mills was where the drill
, ing was being done, not more than tw
or three feet away. He was aroun
there daily and was a nuisance. H
vas loahng around, and had no appar
ent business there. when Ge0re
| Williams got the blast loaded he said I
me, Get everybody out of,the way. y
- said this two or three times Mills vs.
standing there touched him on th
> shoulder and took him over the bridg
with ne. On the left hand side Of th
bridge there were two trees back Of tl
- wing-wall We got back Of the tree
n Milis's curiosity was so great that
(, walked across the pike to where he coul
see the blast 60 off A stone can
across the bridge and caught him.
didn't knock him down. | was abol
thirty feet from him when he was struc
D went TO him at once II was a sa
y place took him to. was not struC
+ and no rocks came near me.
,e What Mills Said to Williams.
4. "I don't know whether it was that dl
IS or day or two afterwards that ovei
heard George Williams say to Mr.. Mill
4 am sorry you got hurt Mills sal
4 can't fault you for IT,
d. 90, "To the best Of my knowledge he W
ID struck right on the knee. only saw Of
ce place. and It was nothing more than
As scratch Bis pants were torn. p
N Mills on a car and sent him to 81
IL Middle depot.
5. Mr. salisbury asked Il Mills we
s. around there for four or five days bsfo
the accident Mr.. Hilles objected, W
sustained and Mr. Salisbury noted
exception.
y Il never saw Mills limp since th
-, time" continued Waity. II follow
~ the instructions of Superintendent
ae lott, of che turnpike company. If IL b
"a not been for Mr.. Elliott's instructions
y would have cleared the rock
he He Had No Experience in Blasting.
ne Mr.. Hilles-"How long have you be
working for the company2'
ttEfua m ufv %