Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-11-15
WHEATLEr DAMAGE CASE.


Mr.. Massey Makes Motion For Nom
Suit Which Is strongly Resisted by
John Biggs for the Defence.
The superior court convened at 10
o'clock Monday with all the judges on
the bench. The court took up the case
of William B. Wheatley's executor VS..
the r., W. & b. Railroad 90.
Ex-Attorney-general John Biggs APP
peared for the plaintiff, while the rail
road company was represented by
Senator Gray and George v. Massey.
A jury was drawn to try the case and
it was fairly underway when court took
a recess at o'clock until $50 o'clock
in the afternoon.
The damage case Of William B.
Wheatley's executor VS.. the p, W. g. b.
Railroad Co. was resumed in the superior
court Tuesday morning. The widow of
Wheatley asks damages for the death of
her husband in the freight wreck at
Porter's station August 23d. Ex-
Encouragement Biggs is representing
tie plaintiff, while Senator Gray and
George V. Massey appear for the rail-
read company.
Monday afternoon William B. Cars
well produced a plan of the scene of
the accident and exemplified the situa-
ton Ito the jury. Engineer Grub of
the Norfolk express told of the run of
his tain from the time it left this city.
James Ii. Crumpton was the operator at
Portens station and was there on August
23d. George w. Galloway swore that
he porIermed his duty as 1agman the
day of he accident.
Immediately after the defence had put
in its testimony in the damage case of
WilliamB. Wheatley's executor against
the PhilAi Wilmington & Balti-
more Railroad Co. Tuesday afternoon,
Mr.. Massey made a motion for non
suit on tlA ground that negligence had
not been proven, and the master was not
responsible for the act Of a fellow.ser-
want OF Mheatley. The argument on
the motionwas continued by Mr.. Massey
during TIL remainder of the afternoon.
The las witness called to the stand
by Mr.. B,ggs Tuesday afternoon was
the wife Of 1.-THE plaintiff, who said she
WAS marrisNto the deceased February
19th, 1891, hid two children were born
tdthem. Ore OF them was born after
he husband bad been killed.
Nr. Biggs then addressed the court,
stating that William B. Wneatley was
mafng $3.50 year at the time he was
killki and thai the life tables gave a
maf36 years p live. In that period he
woull earn $2B, 7b0, and Mr.. Biggs con-
cludsi by ASKING verdict for that
| amoiht.
ny Massey then went ON with his
argument on thb motion for non-suit
He tted long list Of authorities in
| supppt of his motion and laid great
stress Upon the contention that master
is not liable for the acts of his servants.
The responsibility, he said, rested upon
Callawty and upon him alone. Gala
way wa familiar with the rules of the
COMPANY and had given the substance
of the rules from the stand. AS a
fellow-sFyant of Wheatley he had only
failed lido what was his plain duty.
He thencited number of authorities
going tdshow the constituted duties of
a "felloYservant."
| Mr.. Massey finished his argument
about 10 O'Clock yesterday morning
having besumed nearly whole day
ON the agtment supporting his motion
for noI-shit.
MIR. Btgi asked that the motion for
non-suipbe denied chiefly upon two
groundst That George w. Galloway
was not lfellow-servan of Wheatley;
and event be was there is no evidence
before w that such was the case; and
the fact islIcontroverted that the rail-
road comRLy was also negligent. If
the masta In conjunction with his
fellow-serylt, causes an injury to
tellow-seryM that makes him also
responsioleldMr. Biggs' argument will
probably q Pume the greater part of
the atterneW He will be followed by
Senator Gra&or the defendant.