The Washington times., 1894-10-02
COURT OF APPEALS DECISIONS.
Paul Jones Loses His Suit Against the
b. & o. II. r. Company-Sentiment in
EaYor of Expert Testimony.

Paul Jones Loses His Suit Against the
B&O. II. r. Company-Sentiment in
Favor of Expert Testimony.
A number of decisions were rendered in the
court of appeals yesterday.
In the case of William B. Thompson, re-
ceiver of the German-American National
Bank VS.. Mary E. Pickrell, surviving executor
OF A. H. Pickrell, the decision was reversed.
This suit was begun on August 4, 1881, and
las been tried six times.
Two mistrials, three verdicts for the Pick
rells, and one Tor the bank is the record. 1t
is upon a note for 81 SOS drawn BY Thomas
able at the German-American National Bank
The note is indorsed apparently by PickIell.
The bank appears to have discounted il 10 the
Chemical National Bank OF New Nork. Hume
failed 10 pay Hume was Pickrell's son-in-
law, and, with his widow, Mary L. Pickreu,
was his executor.
While the suit has been pending A. H. Pick
rel. Thomas L. Hume. and b. L. Keyser, the
original plaintiff, who was the predecessor OF
Thompson rs receiver Of the bank, have all
died
The decision yesterday hinges upon the
comparison of handwriting 10 determine the
genulneness of Pickrei's Endorsement Of the
note. The court lays down the rule that only
such papers as are already in the case for
other purposes shall be used for comparison,
but all such papers must be admitted. The
lower court ruled out certain papers offered
by the banks counsel, and on that account
the case is remanded. The opinion states
that there is a steady growth Of sentiment in
favor of expert testimony in such cases. pro-
vided the expert IS called IN by the court.
Th- opinion is by Justice Shepard.
In ? no ct1it Of Baul IDups vs. Tho RaItfrnOra
ana Ohio Railroad Company the decision of
the lower court was affirmed.
Jones bought ticket from Washington TO
GgithersbUrg and going inside the fence was
directed to a train. While waiting there
some one whom he took 10 be an employe Of
the Toad told him he was in the wrong car
aud pointed him 10 a train which be reached
lust as it was moving out He boarded this
As the train was pulling out, running four
miles an hour he was asked by a person
whom he thought 10 be the conductor where
he was goingl When he answered Gath
ersburg" his interocutOr told him that train
went TO Baltimore and if he didn't want TO
so TO Baltimore be had better get Of -"
| Thereupon Jones stepped from the train and
falling. received injuries which rendered
necessary the amputation OF his arm near the
shoulder.
The court hold that the instructions by the
lower court were entirely correct IL states
that reasonable care OF himself by a passenger
| on a railway train Is presumed. Jones made
no effort 10 have the train stopped and there
was no compulsion 10 induce him 10 step
from the train. 1t was an act OF his own yO-
lition entirely. The words Of the conductor
conveyed no command. and even il they had
Jones would have been justified in disObey-
ing. No damages are due him. The opinion
is 10y Chief Justice Alvey.
Ia the Washington Gas Company vs. Chris
! tian +. EcklOfT the lower court is reversed.
The question involved Is the complicated one
of culpabIe negligence.
Eckloff was water inspector for th9 District
and went TO look at water meter that sup
piled the Gas company's works over on the
Eastern Branch. Inc gas company had q
shed built over the meter. He called IN an
employe OF the gas works to help him. and
when they went 10 the shed complained that
there was a smell of gas. his companion
said that it was only dead gas, and they
struck matches. lighted q candle. and started
TO the meter. An explosion followed. in
which both were badly burned. The opinion
holds that the instructions as 10 the duty OF
the gas company 10 protect Ecklof were
faulty Judge Cox's instructions in the case
rs q whole are highly praised.