The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-24
MET DEATH BY A LIVE WIRE.
THE VICTIMS WIFE SUING THE
BRUSH co. FOR $4,000.

Rebeccn Wells Claim For Damages
The Brush Co. Claimed the Man
Had Been Warned Against the
Wire Which Caused His Death.
Judge Norwood Granted NOn-Suit
But Reversed His Decision After
Hearing Further Evidences.
Rebecca Wells is suing the Brush Elec-
trio Light and Power Company in the city
court for $4,000 damages for the death Of
her husband NARROW Wells, who was kilt
ed by live wire while making a connec-
ton to Wacaser's drug store at Anderson
and Habersham streets on May q, last.
Wells was in the employ of the company
as lineman. and at the time he began
work there was no current in the wires.
Inc testimony showed that the employees
had been given instructions to treat all
wires as live wires, this being a pre-
caution necessary for their own safety,
When the time comes for turning on the
current whistle is blown at the works
ana the men are thus put on their guard.
There was some testimony to the effect
that whistle had blown and that Wells
had been told that it might be the com
panys whistle. Nevertheless Wells went
ahead with his work and after cutting one
wire, leaning against the piece remainine
ne created short circuit by cutting an
other wire and the current passed through
his body, killing him in a few minutes.
Upon this showing by the witnesses for
the plaintiff, the attorneys put in a motion
Tor a non-suit which was argued at some
length, it being held that the plaintiff had
no ground of action as the evidence show
ed the deceased had not used ordinary
care In his work, and had in fact done that
which he had not been told to do
Judge Norwood agreed with the attor-
neys for the company holding that when
Wells was told the whistle heard might
be the company'S whistle, he had been
given sufficient warning, and should have
been on his guard. He also held that he
was negligent under such circumstances
IN creating the short circuit which caus-
ed the current to pass through his body
AS soon as Judge Norwood announced
his decision granting a non-suit, Judge
TWiggs asked permission to introduce
another witness, which was granted
coroner Goette was called and testified
that about twenty minutes after the ac-
cident happened he had a conversation
with Foreman East relative to the facts
of the case. The foreman said he told
Wells he did not think the whistle which
blew was the companys whistle, and to
go on with his work of making the con-
nection
This testimony appeared to put the case
in an entirely new light and the attorneys
for the defense renewed their motion for
non-suit and proceeded to argue upon
the new testimony introduced. claiming
the foreman's statement to Mr.. Goette
was not sworn testimony Judge Nor
wood soon stopped the argument and said
he would not grant a non-suit under Cor
oner Goette's testimony. but would let the
case go to the jury on its merits This
reversal of the courts decision on the non
suit was quite a surprise to the attorneys
for the defense. They thought they had
landed their fish, as one of them put it,
but he slipped back into the water.
The evidence for the defense will be
heard this morning and the case will then
go to the jury The plaintiff is represent
ed by Judge II. d. d. Twiggs, and the de-
Tense by Messrs. Saussy & Saussy, A. c.
Wright and A Minis. This is the case
which would have been tried last month
but for the fact that the plaintiff got the
courts mixed up, and was found sitting
in the superior court late in the afternoon
and during a murder trial. waiting for her
case to be called.