Evening journal., 1895-03-14
THE BATTLE STILL ON.
LEGAL GIANTS STILL FIGHTING
THE HUBER DAMAGE CASE.

The Assistant Foreman Of the shop
Had Never Felt Any vibration and
Considered the Floor In Good CondI-
tion.
The defense at yesterday afternoon's
session Of the Superior Court, before which
the damsge case OF Martin G Huber vs. the
Jackson aud Sharp Company, is being
tried. placed John L. Bennett, assistant
foreman OF the shop, on the stand.
The main object OF his testimony was
to show that he didn't hold the ramp in
the same manner as Huber says he did
and that the roughness Of the work on
the ramp would show rather the care
lessness Of the operator than any.
thing else. he said that the
floor WAS In good condition, tine
shafting was all In good shape, and no
one had ever made any complaint TO him
about the floor not being In any but good
condition.
He never saw any vibration Of the
floor at the Universal machine.
There we're number of objections
made by Senator Gray and Mr.. Bird, on
the grounds that the questions were
leading and posted witness as to answer
Others that they were hypothetical and
not admissible The court In a
majority OF Gases ruled against
ex- senator Higgins and Mr. Bates and
whenever q chance occurred Mr. Bird
measured lances with both his learned
opponents, the tilts being very amusing
TO lawyers and audience alike
Mr.. Bates drew down the fire Of Mr.
Birds eloquence by asking a question ss
to whether there had been any change In
the condition OF the shop since the acci
dent. Mr.. Bird held that the issue WAS
the condition OF the floor, then, not now,
and the admission OF such testimony
would open the door TO the introduction
Of line OF expert, theoretical opinion
which would be dangerous
The witnesses for the plaintiff, he
said as well as Mr. King. had testified that
iron rods had been put in the shop since
then, and the plaintiffs witnesses had
described the effect of those rods AZ
strengthening the floor Mr.. Bates
lncRutlously remarked that the rods
were not put in 10 strengthen the
floor wherest Mr.. Bird sArcastically
retorted "Of course not. They put the
rods in just for fun. Or perhaps they
had more iron rods than they knew what
to do with and didn't have work for their
men. SO they put in the rods In order TO
give The men work and to use up the
rods bus not to make the floor less
dangerous or TO do away with the
vibrations
Mr. Bird said be had no objections for
his own part to the men who we're work.
ing in the shop then and bad been
working there ever since, testifying
as to whether there had been any change
in the condition Of the floor, but to take
the opinion Of the bosses as a link to
hinge expert testimony on was Irrelevant
and not admissible.
The court held a consultation the
result Of which was the admission OF the
testimony. That the fact that If II
could be shown that there had been no
change IN the building. the Il Dor or the
machinery since the accident, would
point to the same condition on the day
Of the accident, Chief Justice Lore and
Judge Msrvil asserting, and Judge
Cullen dissenting The counsel for
plaintiff then withdrew the objection
reserving the right to object when the
expert testimony is presented.
Mr Bates then asked the question
whether there had been any change in
the lcondition OF the floor .or premises
since the accident aud he answered that
he mad noticed no change in condition.
Heshad never seen any blocking fup Of
girders from the posts
Adjourned until p m.