Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12
DANIELS vs.. LIEBre.


IPCOYCT
for Alleged Injuries.
The trial of the damage suit of
George A. Daniels vs.. the Lebig Manu-
featuring Co.. was begun before
special Jury in superior court Monday
afternoon. John Biggs and Levi q.
Bird represented Daniels, who is col
ored man. Il. G. Bradford and LOWS
y. Vandegrift appeared for the COM
pany. Mr. Biggs oponed for the plain
tiff, He stated that Daniels was en-
ployed by tho Liobig company as
laboror. Daniels was assigned by his
foreman to take down acid chambers.
The lead in one of the chambers had
been cut off, and it became danger
Gus. II was afterwards braced. While
Daniels was working on one of tho
chambers the side caved in and he WINS
thrown to the bottom. Four ribs were
broken and his side and lungs injured.
Daniels is alleged to DO unable to work.
a wooden motel OK an acid chamber
was submitted in evidence. The cham
Der in which the accident occurred was
l34 foet long, 80 feot wide and % feet
high.
Daniels was the first witness. lie had
worked for tho Walton 81 Whann Go.
went to work for the Liebig company,
on January 10th, 1895. On April 10th
he was ordered by Mr.. Weldin, who
was next TO the superintendent of tho
works, to report at the acid chambers
for work. He was working on tho
third chamber when the accident hap.
pened. The lead lining was stripped
off from four to five feet. He felt the
chamber giving way and called for the
men below to get out of the way. In
q few seconds he fell to the bottom of
tho chamber. Daniels testified that
when the joists was taken from the first
chamber it began to shake and he
called Freeman Ericcson's attention to
it. He had it braced.
Wesley Wiser, who was working with
Daniels, testified that Freeman Ericc
son ordered him to help take the ioist
from the top of the chamber. When
the side began to go in he held on to
| a girder.
John Lewis. colored, testified that he
noticed the chamber shaking little
but did not consider il dangerous
When it fell he fell outside. He found
Daniels lying unconscious and helped
carry him out
William Cooper, colored, testified that
some of the woodwork Of tho part that
fell had been eaten by acid.
Court adjourned until 10 O'Clock Tues
day morning.
The case Of Daniels Vs. the Liebig
Manufacturing Co. was continued al
Tuesdao mornings session OF superior
court. Joseph Jenkins, Lewis Il. Tay-
Tor, Wesley Weiser and Rev. George
g. Bivens were called and testified.
The plaintiff, Daniels, was recalled
and testified as TO his injuries. DIR.
Jospeh r. Pyle attended him until he
brought suit, and afterwards DIR. Ogle
attended him. He said he had moi
worked on the acid chambers before
the accident. DIR. Stephens said he
did not think Daniels would even
wholly recover. DIR. Howard Oglo ties,
titled that he saw Daniels ON May 18th,
last. lie attended him Off and on unit
January. He did not think his genera
physical condition much improved now.
After asking tho plaintiff his age,
which is about SO years, his counse
rested.
Mr.. Vandegrift, on behalf of the dc
| PENDANT, moved for non suit. He hello
that the plaintiff had not made GU
such case of negligence against thu
defendant as warranted going further.
Mr.. Vandegrift continued his argu
ment for non-suit until the time o
adjournment.
Argument was continued yesterday b,
Levi @. Bird, counsel for the plaintiff
Mr.. Bird cited several authorities t
support his contention that tho defend
ant company was negligent by reasoi
of it's failure to provide REASONABLE!
safe place for the plaintiff to work in
Edward G.. Bradford argued on behal
of the defendants. He contended tina
tho plaintiff failed to show that tn
company had been negligent and cite
preredents to support tho contention
The argument was still on when cour
took the noon recess.