Evening journal., 1899-11-01
MICHAEL DONAHOE
VERSUS B. & D.
Damage Suit Against the Rail
road Company Begun in
L. S. Court To-day.
WIFE RECEIVED FATAL INJURY

AT DELAWARE AVENUE STA
TIoN IN OCTOBER, 1s9s-DIED
FOLLOWING AUGUST - JURY
DRAWN THIS MORNING.
At the opening of United States
Circuit Court this morning, Judge
Bradford presiding, the case of Dona-
hoe VS.. the receivers of the B. & o. rail-
road company was taken up for trial.
There was some difficulty expert
enced in selecting a jury after the
names of twelve jurors had been drawn
from the box, owing to an error in the
ruling Of the court regarding the right
of challenge. tga@
It has been laid down by law that,
in criminal cases before the United
States Court the defendant has the
right OF first challenge, and it was
thought by the court that the same
ruling applied to civil cases. This,
however, the court found to be a mis-
take, but before a ruling was made
Levi c. Bird, representing the defend
ant company had challenged Peter }.
Ford, who stepped from the box
By agreement Of attorneys on both
sides. the challenge was allowed to
stand, and the drawing of the jury was
proceeded with.
When the name of William NJ. Candy
was called J. X. Bradford, who, in con-
lnection with John Biggs, represents the
plaintiff, objected TO Mr.. Candy serving
as a juror on the ground that he is a
stockholders and director of the Bal
timore and Philadelphia railroad,
which is indirectly connected with the
case.
Judge Bradford excused Mr.. Candy
not. as he said, because of imputation
that he could not serve in an impartial
manner, but for the reason that Mr..
Candy stated that he would be placed
in an unpleasant position. The jury
as finally selected is as follows: Frank
Poole, Abraham Palmer, Joseph Hell
sci, Franklin ]. Murphy. Winfield S.
Lattomus, George NJ. Fisher, Josiah II.
Burchinall, John A. Bickel, William ID,
Venn, Elisha Long, Richard G. Buck
lingham and II. E. Mabrey.
There were but four challenges, two
each by the plaintiff and the defend
liant. Edwin DeHaven and Charles s.
Robb being objected to by the former
and Peter J. Ford and Alexander Jack
son, of T., by the latter.
After the jurors had been sworn 10
try the cause. Mr.. Biggs outlined the
case and what he expected to prove. He
stated that the suit was an action for
damages brought by Michael Donahoe
as executor for Leonora Donahoe. de-
ceased, against John X. Town and Os-
car G.. Murray, as receivers Of the Bal
timore and Ohio railroad. The case
continued Mr.. Biggs, was transferred
from the Superior Court Of this county
at the request of the counsel for de-
lfendant. IL had Originally been brought
by Michael Donahoe and wife, but the
latter had died before the case reach.
ed the United States Court.
! In outlining his case Mr.. Biggs stated
that he expected to prove the following
facts: That on Sunday, October 16
1898, Mr.. and Mrs. Donahoe went tC
visit friends at Hockessin. The route
taken was over the B. & o. railroad
Mr.. DOnahoe having purchased tickets
at the Delaware avenue station. Upor
their return Mr. and Mrs. Donahoe haC
boarded a B. & o. railroad train at Els
mere station. The train consisted o
three cars, and the couple endeavoreC
to enter the forward door Of the real
lear. but found # locked. They ther
ltook seats in the car ahead, each ont
Occupying a separate seat across th'
laisle from each other and riding back
ward
Upon arriving at the Delaware ave
/, lnue station Mr.. Donahoe left the car
followed by his wife. When he reache,
-, -La
descend the steps he noticed there wa
no box or step upon the station plat
form by which to facilitate alightinl
from the car.
:, AS the step down was a rather higl
one. and as Mr.. DOnahoe is a cripple
I la boy about the station brought a bo,
J and placed it at the car step upon tn
= station platform. Mr.. Donahoe alight
1 ed and was followed by his wife, VIII
was heavy woman, weighing possibl
l170 pounds. When Mrs. Donahoe reach
ed the last step of the car, and just a
she was about to step down the trair
without warning, started to move. A
that time she had one hand upon he
/ Husbands shoulder, and with the othe
grasped the car rail. Fearing that sh
= would be killed by falling from tn
n moving train Mr. Donahoe exclaimed
! For Gods sake, let go. I'll try {
n catch YOU
Il Mrs. Donahoe did as her husband r,
lquested, but fell upon the platform. r,
II eeiving injuries from which she die
l. on August 4, 1898.
" THE TESTIMONY OPENED.
The first witness called was Micha'
e Donahoe. He stated that he was
e years OF age and that his wife at tn
q time of her death was about the sam
u age. He had lived in Wilmington fC
about twenty-four years, and at tn
time of the accident lived within fe
blocks of Delaware avenue statiol
E. The witness corroborated the stat'
e. ment made by Mr.. Biggs and adde
that at the time his wife was about
alight she had one hand upon h
ID shoulder and he had his hand beneai
her arm to assist her to alight. 81
fell and he feared her feet would be cl
of, as they were so close to the C.
~ wheels. She was carried to her hon
Ip by her husband and son, and D
Swithin Chandler was summoned. I
!. attended Mrs DOnahOa for eonna rim