The sun., 1898-03-09
WANTS PAY FOR LOST TOES
Nicholas Murphy Sues Hughes
Bros. 4 Bangs For Damages.
BIG ROCK CRuSKED HIS FOOT.
Claims the Accident Was Caused
Through the lncon, pct cncr ora
Fellow E,npInyc.

In he Superior Court yesterday morn
ing tie case of Nicholas Murphy vs..
Hughes Bros. 4 Bangs was pnt ON trial
before Il special jury.
William $. llilies represented the
plaintiff and joseph II. lloffeckcr Jr.,
and Leonard +. Wales looked after the
interests Of Hughes Bros. 4 Bangs.
Murphy asks damages in any amount
the jury sees fit to award for injuries re-
ceiycd while in the employ OF the dcien
daut company, the injuries consisting Of
the loss OF four toes from his righ, foot,
cansed by II heavy stone falling upon
him while it was being placed in posi-
tion by the use OF Il crane.
The plaint if contends that the accident
was caused by the careessnes- of the
man in charge Of the crane, who, in
stead Of obc.ing an order to raise the
stone permitted the gearing to become
loose, thus letting the stone clown with
great force upon his right foot and
crushing it.
After the accident Murphy was taken
to the hospital, where he remained until
he had recovered from his injuries sufti-
cient to walk, the company paying his
expenses and allowing him wages dur
ing the time he was there, and aftcrward
giving him employment in the quarry at
work which he was able to perform
l)rs. Palmer and MsColIev were the
first witnesses. who testified a- I" the
nature of Mnrphy's injuries, they having
given him surgical treat l,lent.
Murphy testified that the crane was in
charge of an Italian named Zinrt'i and
that he was ordered to hoist the stone in
the vernacnlar employed in the yards Of
the company but Zinctti grasp ped the
wrong lever and let the stone it was
carrying fall to the ground, the rcbonnd
causing it to roll upon his foo, and
crushing it 50 badly tha, it was necessary
to ampulnte iour Of his toes.
Through his evidence Murphy'> a,tur-
nry made an attempt to prove hat Iin-
ttIl was incompetent, and that it was
due to his in competency that the arci-
dent happened. 1t was brought out
that on various occasions the bus- Of the
gang had sworn ut Ilnclt for his iurum.
ptlcn,r or ralVlrS>uc-S in working the
crane.
Ar, IliIIc> attempted to SHOW hat the
firm bad al indemnify insurance. under
which they were paid for the injury
Murphy had received. Tuthi~ Mr.. Hot
i,'ckrr ohj j"ctrl and the objection was
sustained by he court.
On cross cNalninalt" Murphy adj
mI,lrI that he had lltuurnIv been
warmed t,y his boss to keep ut a safe dis
tancr from the stones white hey were
being carried on the crane, and also hat
he lad been demonstrated with several
times irr he risks he took.
james T. Abel, nlacIini>t. who was
near lac scene Of the acridcn, when il
occurred. testified to the inconprtcnry
Of Iin"tI tn operate the crane
The plaintiff rested his ease ui,cr
Ai"I : testimony was ih and the uctcnrc
1T one" lituVru for Il non->,ii, ON the
ground "l c"ntribuvnry negligence ON the
part OF MurrIIv and also ii fellow en-
pluyr, bat the conrl denied the motion.
At the afternoon SESSION the defense
put Michael Doyle, nrnAll nI the gang.
on the stand
Doyle testified rs tu,hr manner in
which the accident rrurrd and chirttt
that Murphy> inj',rWS were received
through his own raIrlrs>nr>S in standing
tn"' close to tn" -t"n" Whiir it WAS l;i~ru
IN the nr that he lad WH,nrd han time
and TIM" again /" krrpn. Il sale distance.
II" SAID kr considered Xluctti conu-
tent to- operate he crane and tla; nr had
no 1aH,l to find with ! inn at his work.
Doyle : i"~tIu 'nN regarding the com
potency If /lnclII was c"riuburatrd by
other WITNESSES, including George VIII
kln- iI" ,la-,cr mechanic, who had
ln irH I,l',li hN t" operate the
crane.
several witnesses are to It tXai!iiuru
by the defense this morning, ~ cunrl
adjourned iur he day leiurr all could be
heard