The Providence news. (Providence [R.I.]) 1891-1906, 1899-01-27
AN INTERESTING POINT.
Involved In the Damage Suii Of Jackson Against
the Shepard COMPANY.

The trial Of the suit of James T..
Jackson against the Sheppard company
today before jury I'm Judge Bos-
worths court proved an interesting one
as il turned chiefly OH the liability of
the well known company for an act
done by a servant which the concern
had not directed him to do or which
was not i'm the reguar course of his
employment. The motion for non
suit made by counsel for the defend
ant was argued at length and Judge
Bosworth withheld his decision until
after the noon recess.
jackson stood on Union street right
under the windows of Shepard's store
on May 26th last, the day the First X.
l. Volunteers psraded out OF one OF
the windows came an oil stove weigh
ing four pounds and IL struck Jackson
on the head According to Jackson s
testimony he lost for a long time the
use of his legs and arms and suffered
great pain Before the accident he was
according 10 his neighbors. "A particu-
larly strong man and was a painter by
trade.
DR.. Howland said that after month 8
OF treatment Jackson was but little I'M
tenn was i'm bad condition today. Jack
son came into court by the aid of two
canes DR. Howland on ross-examina-
tion said that Jackson had a twiChing
OF the muscles of the face before the
accident. but he did not think this in
dicated any diseases.
DR.. Edward Smith testified To hold
ing consultations with DR.. HoWland
about the plaintiffs condition and said
n g,,s,
cross-examination said the twiching OF
the muscles of the face did not neces-
sarily indicate disease.
The employe OF the defendant corpor-
alton whose name was Murphy VINO
opened the window on the day I'm ques-
tion testified that he was employed as
a general utility man in the store, and
went Ia the window and opened il. He
was not told 10 do so, but simply open
cd the window 80 he could see what
was going on The front windows OF
the store were filled with employees VINO
were waving flags. An cmploye or "A
store on the other side of the street tes-
titled that he saw the oil stove fall out
of the window and hit n man. Murphy
testified he did not know anything teli
when he opened the window.
Walter B Vincent, counsel for Shep-
ard 4 Company, i'm moving Tor a nom
suit. argued that I'm order that the em-
ployes should be held liable the thing
causing the wrong must be done TOR
him. I'm this case it was evident the
cmpIoyer had not ordered the window
opened. hut that the empioye had done
n for his own pleasure. Augustus ;.
Miller. who was associated with Frank
N. Jackson. argued that the law was
very clear that when an accident re-
suited 60 one one a public highway
/ which accident was due to something
/ from building the owner OF occupant
/ OF a building was responsible, no mat
tor whether the servant was acung
within the inc OF his authority or not.
Judge BoswortL granted the motion
i for "A non-suit saving that In order u
! hold the company liable there must b,
negligence of the company shown. Mur-
ply. who opened the window. testified
hc opened II simply Tor HE own pleas
/ ure. and the company was not liable
/ MIR. Miller contendcd that the stoves
/ were ncgligently filled. but the court
| said the testimony was simply that TN,
| stoves were on table within two ol
! three inches of the window.
counsel for the plaintiff took an eN'
| ception and the ease Will 90 Co the Ap'
| pcllatc court.