The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-03-13
THE PLAINTIFF RESTS.
Mr Sprunuce In Opening Ills Defense SAYS
,hs com,anx yy,s Nat NayI,x.r,

Mr Sprunuce In Opening Ills Defense SAYS
the Company Was Not Negligent
In superior Court this morning William
ID. Liddle was the first witness examined
by Mr. Bird In the damage suit OF Huber
VS.. the jackson Il Sharp Company. Five
minutes before tue accident he had Soon
Huber at work on the universal machine.
He appeared very careful about the work
he was doing.
The witness had worked on the Joiner
side OF the machine and the jar mode by
the machines made the work on that par
ticular machine more dangerous than IL
otherwise would have been. Upon one
occasion Liddle stopped his machine and
complained to MIR. Baxter, the assistant
superintendent, who told him to reportto
MIR. Hume and ask him to have the matter
remedied. Hume admitted tho danger
tina. existed but said we can't fix every.
thing at once"
The cross examination was conducted
by MIR. Higgins and he got from the wit.
ness the statement that although the
universal machine shook, morticing
machine which stood nearby. WAS almost
stationary THIS the witness attributed
to the fact of there being heavy girjer
under the morticlng machine.
THE COMPANY NOT NEGLIGENT.
In taking up his line of defense Mr..
Spruancs congratulated the jury In hhv-
Ing gotten thus far with the case. lie
OF a case where more Irrelevant testimony
had been introduced.
The plaintiff had presented no case
upon which he could recover damage. by
his own statements his case had been
taken out of court. yet 1t was the derehd-
ante duty to make defenssr and that
defense in broad terms. was, not guilty.
lie expected to prove TO the jury
that no single or collection OF acts
of negligence either by the company or
its agents contributed toward the injury
of the plaintiff and making tho company
responsible; that he would not show by
| guessing nor Inexperienced witnesses, but
by experienced and therefore knowing
men that Huber by his own EMBELLISHMENTS
| brought about his own unfortunate Injury,
| that the employer had provided a reason
| ably safe pi6oe FOR its workmen tnat the
| floor was not ehaky; that the shaftlng was
also In perfectly sale condition.
| Mr. Higgins inquired II there was not
! glrder lnder the universal also and alter
the witness gave several unsatisfactory
answers he finally replied that u there
was 1t was Of no account; judging from
the way the Ii chine jumped when run
ming The conversation with Baxter look
place the first day the witness was put to
work on the second floor oil the building
and at the joiner.
The witness had been cut by machiDe
which was shaking Sn account of the
floor. The plalnuy here rested.
lo concluded by reminding the jury
thGt when In employee enters into con.
tract With an employer tho employee as
su,iies tho risks Incident to tho business
| aad hls ability to perform those duties
In oase of an accident he cannot then
plead incapacity and lnelilcienoy. Will
tho presentation OF all these facts and
their corroboration he felt confident that
the Jury would he led to the Irresistible
conclusion that Huber md the other wit
nesses were like the men described by
David In that ''All men are liars"
70 provo these many facts MI. Spruance
began 10y calling to the stand.
Albert King. general superintendent
of the car department of tho jackson q
Sharp COMPANY which position he has
hold for sixteen years. Sir. Baxter Ii Ills
assistant. lie has no authority outside o.
tho car department.
william j. Hume was foreman OF etht
wood working and machinery department
III which Huber worked. Mr.. Baxter EN-
ployed men and liked their salaries, MIR.
Hume having no authority on such mat
ters only when consulting with Mr. Baxter
The witness was under the direct uXdmi
nation when the noon RECESS was taken.