The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-03
W1|llDh' SDAAlG SUIT
-, Re IVES In1sReA He AeceDsea
os,eeo frsa the Northern Paeise
subway Company In Fail settle
-~.e-ssy, He Was Won Cs1Dos.


eessass she Northern Pacific Railway
Conpany b occupying the attention Of the
ecuss aad Jury 10 Judge Jacob depart
rsus az the county court. Aalnsssrom
claims ss1yss from tie railroad company
for the loss CT his right les snd for the
susser.ns. pain ana lasi.ng injary resulting
from AZ accident that occurred ca EAii-
Rad avenue o. she night OF November l..
lsss.
TIE story II Nairnsf-osn.s injury was
published IN she Pe&;.IaisIllseneer az TIE
time, The accident was maet horrible n
its nature Maisnstrorn was croasang the
tracks OF sFss Northern Pacific, between
Main ard JaakzaH Streets. sn his way 10
the steamer Topeka, which say AZ the
Cesar wharf. fis9 foot caught between
two ties and hsfcsa he could extrscaie
hinse.f from ass unfortunate plight,
train Of ears MAS backed over him. pro-
p<ll=E BY switch engine.
BY beading forward, with his other Hrno
tonblssi under him, M&suisroTD Hae able 10
save hts HE. bus the agony he endured
uhiis the wheels passed over this fastened
Emh was he says. terrible
Th& defense claims that the pSassltin ac-
$fE&et t1-Asss ErJssi iIG GJfxjssdf3f ikafs
fsemeut for h.s cIafm. II Is claimed by the
psAissisf thss taas settlement wac obtained
sy fraud III this. that Maingsruns eosd.-
tioa At the time the acceptance OF the
sudn<y h alleged TO have been secured was
such A. 10 MAKE him nosl eefspos msntis.
Il ii alleged on behalf of the plaintiff that
The eosnpany's ciaim agent. Edmund Rice.
secured the Signature OF the Plaintiff TO
the release from damages three days after
fae accident. nj q tine when. on aecount
q bis condition ard the opsafes he aad re-
esivea. he was unable 10 make any con-
tract or agreement. This h one Of the
Interesting points In the case. and upon ii
all perhaps hinge the result OF the trial.
According to the paeaGings Ia thu case.
kaiusstrom WAS a saiIor on the steamer
City OF Topeka The night was dark and
rainy. Tie ties were wet and Malm-
ssrona's foot slipped between TWO ties that
hApD<ned 10 be just close enough together
to held his shoe az II In a vice.
A jury was secuEea without much diff
Guilty. and the takiag Of testimony was be-
Gun In the afternoon William Martin
conducted the examination FOR the plain
TN
G. A. BENJAMIN was sworn as the frs.
witness for the plaintiff. lie testified that
DC Vas IN the vicinity Of the accident on
the might u occurred, and was one of the
hfs; men at the side OF the injured man
a. ne lay upon the ground the bto1d pour
inx ffca his crushed leg. The witness de-
scribea ihe condition Of the plaintiff. lie
MAS very pale. unconscious from loss Of
hood and 70 all appearances fatally hurt.
T.. j. Montague swore that he was In
company with Aalmstrom ON the night of
November Is. They were on their way 10
JOIN the sieamtr Topeka. lying at the
WAR As Aaimssrom crossed the track
MS leos slipped between two ties and be-
came samogsbie
ASntagse swere that he tried TO pull
ne psFionaa foot from lis fastening. but
IN vain. Then they saw a train Of nat cars
approaching. propelled by switch en-
8ass. Witness swore that there was no
kuxous on the front az the first car. A
sisE of the engins was obstructest by thu
tsrss Witness and The plaintiff yelled a
warning at the engineer. bat TO 40 pur-
poss. Then ha helped the plaintiff "a
stretch himself along the track. so as 20
aYsse being crushed 10 death The cars
PASSED over tae leg. severing it Jus, be-
lev ske knee
Mantagus described the condition OF the
Plaintiff fully. with especial reference Ia
ne character OF the injury and the less
Of blood
The plaintiff himself was sworn and told
tAe Story Of the accident az given by Mon
iakae- He said that he had lost so much
hsaed that he tainted flafore sse reached tha
hospital The pislntiff swore that hia
anb WAS practically useless
1sileF Andy EE!sman was witness fer
ne psasisin, Ito swore that he WAS fore
man Of The NertheFa Pacific yards in Sc
site Tor four years preceding the great
STRIFE Of iSs During that time the yale
afa9nz ths railroads Was thar shcra must
&c man stationed on the front Of all
switch engines moving ia the yards day
" nssas, or II the engine was preDelilng
tran Of cars. the lookout must be sta
uaf'sd on the front cir. Mr.. Grosscup,
esiss1a counsel for the Northern Pacific.
sAratea from EFisman, on cross~examna-
s0hs tie fact that he had quit work dur
Ms tae famous A. r. ". strike, and had
tst aeEe aay faAra&dlng ssnc-
~ iHporsant witness for the plaintiff
vas u T. T. asterberf. night wasehmsn
sas Ffessa.nce hospital He swore that
g vas OF watch on the night that Main.
asa Vas brought to the hospital He
.,sa sssssst5 the physician In performing
ss's a#pataiien By which the plaintiffs
- Wis cat on and his wound dressed.
ssSssssAfsm had htvd very profuzeiy 80
s1.st Gs was very weak Fer three months
.#afo. SAID witness. Naiusstrom sur-
.st9 - 'Eaea ira 4, WAS found necessary
" kstg aiH hsaodeTmIe injections or NOR
800 e sssble him to sleep A suhse,-
nsut 90 "'S ia