The sun., 1898-03-09
WANTS PAY FOR LOST TOES
Nicholas Murphy Sues Hughes
Bros. 4 Bangs For Damages.
BIG ROCK CRUSHED HIS FOOT.
Claims the Accident Was Caused
Through the ImcoiM priencr
Fellow t.mployc.

In the Superior Court yesterday morn
ing tie case OF Nicholas Murphy vs.
Hughes Bros. X Bangs was put on trial
before Il special jury.
William :. lIilcs represented the
plaintiff and joseph H. lloffrckcr, .Jr,
and Leonard +. Wales looked after the
interests OF Hughes Bros. Il Bangs.
Murphy asks damages in an. amount
the jury sees fit to award for injuries IT,
ccivcd while in the employ OF the dcten
dant company, the injuries consisting oi
the loss "i four tees from his right foot,
cansed by heavy stone falling upon
him while it was being placed in posi-
tion by the u~. of Il crane.
The plaintiff contends that the accident
was caused by the carrlcssnc>s ni the
man in charge oi the crane. who, in.
stead Of obe. ing an order to raise the
stone permitted the gearing to MconW
loose, thus letting the stone down with
great force upon his right loot and
crushing it.
After the accident Murphy was taken
to the hospital, where he rmaned until
he had recovered from his injnrIcs sutti-
cient to walk. the compan, paving his
expenses and allowing him wages dur.
ing the time he was ther, and attcrwarl
giving him employment in the quarry ut
work which he was able to perform.
brs. Palmer and MsCulry wcn the
first witnesses. who testified a> to the
nature OF Murphy's injuries they having
given him surgical treatment.
Murphy testified that the crate was in
change oil an Italian named Iincui aud
that he was ordered To huiS, the stone III
the verlacuar employed in thc yarl> Of
the company. but Zinr,t gra>ped the
wrong lever and let the stone it was
carving fall to the ground. the rrbmnd
causing it to roll upon hs foot and
crushing i, 50 badly tha, it was necessary
I" amputate tour Of his toes.
Through his evidence Murphy> after.
ncy made IN attempt to prove that lin.
etU was incompetent, and that it was
due TO his III competency that the accl.
dent happened. 1t was brough, ont
that on various occasions the boss ni the
gang had sworn mt Ilnctti 'ur his incom.
prtencc nr carrle>>nt-> in working IT,,
crane.
Mr. llilir> attempted to show tina, tit,
firm had All indemnity insurance. under
which they wer paid for the injury
Murphy had received. To this Mr.. iIni.
icckcr objected and the objection was
sustained by the court
nn rn~~ examination Murphy ad.
mtted that he had frequently been
warmed 10y his boss to keep at safe dis.
larce from the stones whi.r they wrn
being carried on the crane. and also that
ht had ssrn demonstrated With several
times inr the risks he t",k.
,lamc> I. Abel. n machini>i. viii" was
near the >crnc uf the accidrn, when il
occurred, testified I" the incnmp~trnry
ii Xinct,i tu operate the cr.lut.
The plaintiff n.>tcd his ra>, a.lrl
Abri> testimony was ln and the d-ienc,
NJ once nuvrd iur Il nun-SuIl on III,
ground III c"ntribu.nrN negligence "n tn,
part "i Murphy and al>n "' n frllnw vlu.
pInyr. ht the court denied the u,utinu.
Al the afternoon session the deicn>,
put Michael pn>lr. trrnlH II the gang
un the stand.
lhvk r>titi,-! as in tia, manner II
which the acci,irnl ,@cund and Claiuct
that NIrph, injuries were re>riyr,
through ms own carelr>>nr>> in >tandlMs
inu ciu>, t. the Stone whiir II WAS RAISED
III the air. tha, hr had warned hlln Tim,
and time again to keep At safe distance
lie SAID he considered IlnettI c"nlr,
tent To- "irra't the crane ami tia; liz had
no ialit tu lind with i'm at his work.
D'SIr> t,-tim my rEarsing the coll
l.trncy "i Inttl Was cnrr,horatrt 10y
other Ni,nt~s~. inciuimg ,reurg. WI.
kln> tlIt ln:i>'-r mechanic. who hAi
UsitLt I.lfn hM I" operate lh''
crane.
Several wIIir>>r> an t. l., examined
by the drfrn-. this morning, ~ cuu :,
adjourned .nr TIM ,tny 'einr' all could t-
ivari.