Evening journal., 1898-03-08
NJ HALLY NON SUITED.
Case Of Murphy VS.. Hughes
Brothers & Bangs Now On.
MOTION FOR A NON-sUIr DENIED

WHILE Al WOftk IN BELLY JE
QUlARRIES LAST APRIL-WANTs
AID THE DAMAGES A JURY
WILL GIVE HIM.
John McNally was non-suited in the
Superior Count yesterday afternoon
in his action against the Delaware Iron
Company for $4,000 TOR personal in
juries sustained in being thrown from
a gondola car in the companys yards.
Mr.. Bird based his motion for a non
suit on the following grounds:
First, that the plaintiffs own testi-
mony showed that the brake was not
defective The plaintiffs own tesbi-
mony was that he fell from the car
while going down a slight grade into
the loading pit. That in putting on
the brake something in the brake
gave way, causing him to fall from the
car, but that he did not know what the
defect was. Pusey Sidwell the only
other witness examined on the part Of
| the plaintiff, testified that he tried the
brake on the morning after the acci-
dent and that i'm winding it up 1t slip
/ ped hut he did not state what the de-
J feet was, though he testified that ii
was defective, and that inspection
/ would have discovered the defect.
Second, that the plaintiff had l1nowl-
edge that the brake was defective, and
| therefore could not recover. The testi-
| mOny was that while the car. which
was heavily loaded with iron pipe, was
| at q standstill ait the top of the grade.
| Sidwell, the conductor, said TO the
| plaintiff: Have you got a good bra'1e?"
| and That he answered: Not a very
| good one"
Knowing that the brake was not
| good, 1t was the plaintiffs duty to have
gotten off the car and ascertained
| wherein the brake was defective; and
that after such knowledge the COM
pany was not liable. That 1t was his
duty as brakeman to look after his own
safety under such circumstances; since
he had equal means of knowledge with
the master
Third that the plaintiff was guilty of
eontributory negligence since he volun-
tarily and with knowledge of the i'm
| creased danger, made use of a piece of
iron pipe in bral1ing the car. He had
picked up this piece of iron pipe and
stuck It in the brake wheel TO make a
lever, and the slipping of this iron
pipe undoubtedly contributed to the ac-
cident and greatly increased the dan
ger.
The court consulted and decided tc
grant the motion. Mr. Hayes declined
to take a non-suit, and reading his
prayers to the court asked il to charge
the Jury accordingly. The court di-
: rected the jury to find a verdict for the
3 defendant Mr. Hayes noted an ex
eeption to the charge.
To-day the following special pane
; Of jurors was present in the case o
I | Nicholas Murphy VS.. Hughes Brcs. 1
Bangs: Thomas N. Stayton George w
= | Gray: Brandywine, Thomas Weldin
: | Charles Paschall Eber TaIlley; Mil
: Creek. Frank V. Whiteman, Eli DAVIS
John Nivan, Arthur Jackson, GeOrg
w. Aiken, Harvey Walker; White Cla.
/ | Creek. James CrOssan, Thomas Haw
thorn: Pencader. Harry Ellison; New
Castle, James w. Dunning, H. Fl. Nc
Mullin; Red Lion, Charles jefferson
! st. Georges, John w. CarrOw, Jr., Isaa'
: J. Woods, Andrew S. Elias0n; Appo
. | quinimink, Robert ID. Ratledge, Rich
I ard L. Naudain; Blackbird, Robert M
f | Huggins, John Loekerman.
/. William S. Hilles represented tn
!. | plaintiff, and James H. Hoffecker, Jr
!, | and Leonard e. Wales, Jr, appearet
h for the defendant.
: Murphy stated that, while WORKING
= for the defendants, his right foot wa
: crushed by a heavy stone which wa
I lowered instead of raised by the engi
a neer, who made mistake in the sig
q nails and dropped the stone on him. TIL
accident occurred at Bellevue quarry o.
April %. 1897.
He said that he was not warned tina
= morning by Michael Doyle his boss, G
= the danger he was running but he ha
= warned him previously to be careful
The stone did not slip from the h1ol
: but was lowered instead Of boone
: up." 1t rolled and caught his fool
: His injuries were such that they pre-
:, vented him from securing work, an
e the foot was SO sensitive in col
4 weather THAI he could not SO out. Th
= firm paid his hospital expenses. Q
the Sunday following his discharge b
= walked from the hospital to the quarry
- a distance Of three or four miles, 70 as
\ for work.
I. Mr.. HoffeclSer made a motion for
Eon-suit, but it was denied by tn
court.
,e The case was still on when com
took a recess until 2.SO o'clock this Al
ternOon.
ceo Cleland'z Cnfsiner shoes