The Providence news. (Providence [R.I.]) 1891-1906, 1899-05-25
MRS. SULLIVAN
LOSES CASE.
Husband Was Crushed TO Death
at Nicholson File Works.
SHESUED FOR $4,000 DAMAGES
Court Held That Deceased Must Have Been
Aware Of Defect in Floor
AND ASSUMED RISK OF ACCIDENT.
konsuli Gransd BY Judge Wilbur on koon Of
Counsel fo' lsfsncs Testimony 0iisrsd
BY the Plaintiff.
Court Held That Deceased Must Have Been
Aware Of Defect in Floor
AND ASSUMED RISK OF ACCIDENT.

A very serious accident at the Mich
Wilbur's court this morning by the
trial OF the case OF Della sullivan, ad-
ministratrix, against Nicholson File
company TO recover SO, 900 for the death
OF her husband. Andrew Sullivan. The
deceased was a laDorer ana engaged
with four other men at the defendants
works moving a grindstone from one of
the rooms into the grinder room. In go
ing into the grinder room the stone had
10 be taken over a small raise in the
floor where there had been a partition
and right behlna this raise was "A hole
eight inches long and six inches wide,
which ran from level with the fioor to
a depression OF about an inch and a
half. The stone weighed about two tons
and Sullivan and a man named Nc
Grath were keeping IL level In moving
when the hole was reached. McGrath's
arm was pushed into the stomach of
Sullivan. but the former got out of the
way and Sullivan was pinned against
the wall with the stone upon him. His
chest was crushed I'm and he was taken
10 the Rhode Island hospital and died
in few hours.
The case was a very close one, as the
liability of the defendant turned on
whether the defect In the flooring was
obvious TO the defendant or not, for IL
1t was his representatives, according TO
the authorities cited by the corpora
lions attorney, could not recover.
Judge -AilhuT-theu&ht- fEeaa- tAa- -tast4-
mony that the break in the level floor
was such as the deceased should have
noticed and sad as the accident was the
deceased assumed the risk and nom
suit must be granted.
Della Sullivan. the plaintiff, testified
that her husband was at the time of his
death 29 years OF age and was strong
and able bodied man.
Michael McUrath testified that he
was one OF the five men engaged in
moving the stone. Foreman Fish had
charge of the work and witness and the
deceased were guiding a lever which
was a stick run through the hole in the
middle of the stone. When the stone
tipped witness was pushed against the
deceased. but got out and Mr.. Sullivan
was pinned against the wall. No stone
WAS ever rolled over this place before.
Mr.. McGrath said. Sullivan was a big
healthy and rugged man.
On cross-examination witness said he
had seen seven men working in moving
stones instead of five. as in this case.
Mr.. Vincent read to witness a state
ment signed by him 10 the effect that
he had never seen more than five men
move one of these grinding stones. Wit
ness said IL was since the accident he
had seen seven move the stone. In an
swer to other questions he said Fore
man Fish appeared TO be directing the
work carefully and that To all appear
ances the hole that caused the trouble
was an old one.
In redirect witness said he did not
know the man who got him to sign a
statement. He did not know whether
the man was a lawyer or the represent
ative OF an insurance company.
When McGrath's testimony was end
ed the plaintiff rested and Walter h.
Vincent counsel for defendant. argued
TO the court that the usual number of
men were at work on moving the stone,
that Fish, the foreman, was fellow
servant according 10 the testimony and
that Mr.. sullivan must have known so
far as the testimony went. OF the de-
preston in the floor. Therefore on the
strength OF we'll known cases the de-
ceased was killed in the pursuit OF ia
mil.ar duties. the risks OF which he as
eumed
Dennis j. Holland of Brennan e. Hol-
land. counsel for the plaintiff. thought
the defect In the flooring was not an
obvious one. that the defendant was
bound TO furnish a safe place for men
to work In and that liere was no testi-
mony that the deceased ever worked in
the place the hole was before.