The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-11
DAMAGES FOR 4 HUSBAND.
MRS. PORTER SUES FOR $1,000
FROM GnEAT NORTHERN.
Charges That POrter's Death On
TrestIe Between Tunnel and Mer-
rift Was Due to Carelessness Of
Agents Of the Railroad Company.

Suit for damages named in the sum OF
81. 900 has been brought by Mrs. Ellen Por-
ter, OF Merritt. Wash, against the Great
Northern Railway Company. The basis OF
the suit is the accidental killing OF the
plaintiffs husband, Alexander Porter. on
March Is last, between Tunnel and Mer-
rift, on the line Of the Great Northern over
the Cascade mountains
The plaintiff charges that the aiil.ng was
caused by the wiliful careleSsness and neg
ligenca OF the agents Of the company.
The circumstances OF the death of Por-
ter, as told in the complaint, are peculiar.
and it Is evident that several new points
in law bearing upon the responsibility Of
the victim Of such an accident as is de-
scribed will be raised when once the case
is before the court for trial. A petition
for the removal Of the cause to the Fed
eral court has been filed By VIII II.
Thompson in behalf of the railroad COM
pany and the application viii be argued
tomorrow.
According to the allegations In the COM
plant. Porter was on MS way from Tun-
mel, the station just east Of Stevens. to
his home at Merritt, on the line of the road
and situated thirteen miles east OF TNun-
mel. From the pass TO Merritt the grade
Of the roadbed is steep doWn-grade. 1t
is alleged that for a. long period prior to
the accident the track Of the road was
commonly used as a thoroughfare and
pathway by residents OF the region, by and
with the appreciation and consent Of the
company.
On the night of March Is, states the
complaint. Mrs. Porter and her husband
started from Tunnel to their home at
Merritt. AT point nine miles from Tun-
mel is treStie 400 feet in length and
50 feet in height. At frequent intervals
on the trestle are placed stands for water
barrels, in which water is stored, to DO
used by the section men In case of fire.
1t Is alleged In the complaint that Por-
ter stopped and listened for the approach
OF a train before attempting 10 cross this
trestie, and that hearing no sound he
started over it. Before he had crossed. an
engine, described in the complaint as a
wild engine came tearing down the
track from Tunnel and struck Porter.
killing him instantly and throwing the
body TO the bottom OF the gulch.
1t Is alleged that the engine was rum
ming under low pressure of steam, on ac-
count Of the down grade. and that in con-
sequence ii made no noise. 1t is further al
legged that no warning bell or whistle was
sounded by either the engineer or the fire
man on the engine. but that the locomotive
struck Porter without a moments warn
ing.
One Of the important allegations of the
complaint is that, had the engineer given
warning of the approach of the engine.
either by ringing the bell or blowing the
whistle, Porter could have safely reached
one of the water stands. where he could
have waited until the engine had gone by.
Harry Jones. the engineer in charge OF
the engine, and Dan McDougaIl fireman.
are made co-defendants with the railroad
company. Judgment for $4,000 is de-
manded.