El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-10-17
ECkMAN ASKS
HEAVY DAMAGES
Of the Mexican Central Rail-
road for the Loss of an
Arm and Leg.
A CLAIM OF $4,000
For the Personal Injuries Sustain
ed-Witness Sobs Visibly in
Court.

The Eckman trial for $4,000 dam
ages for personal injuries against the
Mexican Central railroad was brought
up in the United States court at the
afternoon session.
Eckman on the day he was injured
was conductor in work-traip, which
was running between Cardenss and
Rascon. in the Tampico branch of the
Mexican Central. The engine was
pushing a train consisting of two fiat
cars, two box cars, and a caboose up
the mountain at about q rate of speed
of twelve miles an hour.
The accident happened at the fourth
tunnel near place called Las Csnoas.
Eckman was sitting on the cupOla of
the caboose, keeping a sharp lookout
ahead, and where he could be in a posi-
about sixty feet in the fourth tunnel a
projecting rock struck him in the
forehead, knocking him from the top
of the cars, three cars
and the engine passing over
his left arm and leg. Eckman says
he was fully conscious up to the time
the arm and leg were amputated in
the hospital.
Eckman claims that prior to the &C.
cident aud for Is years be made on an
average of $1,000 year,
After the accident Mr.. Eckman in
company with G. W. Wellington went
to the tunnel In question and took
measurements of the height of the
tunnel at distances from two to three
feet and found st the entrance it was
Is feet high and the lowest point, where
Eckm an was struck, it was only Is feet
and 10 inches in height.
Defense tried to show by deposition
that through contributory negligence
the accident occurred and offered in
evidence the dispositions of number
of prominent officials throughout the
United States, showing that there was
no uniform height in the
construction OF tunnels and that it was
not the practice of railroad men as far
stand In the tops Of cars in riding
through tunnels and in most cases the
tunnels would not clear
man In riding in such q position.
Attorney Davis did not finish read
ing the dispositions yesterday after
noon and when the case was resumed,
at nine O'Clock this morning, several
remaining dispositions were read.
Superintendent Hartman, of the
Mexican Central, and testified that in
his IS years experience as a railroad
man he did not know it to be prac-
tice of railroad men to ride on top of
the caboose in the execution of his
duties. On cross examination of Judge
Buckler, the witness said that there
was a uniform height for all tunnels on
his road, and there were time sheets
to show the exact height of all tunnels
which was furnished connecting lines
for their benefit, but that he had none
to introduce, as they were all in charge
of the chief tengineer in the City of
Mexico.
Mr.. Hartman further testified that
Mr.. Eckman was not violating any rule
in riding on the top of the caboose in
the discharge of his duties
Mr.. Eckman was then placed upon
:he stand and explained the construc-
ton of caboose and his position on
the top of one when the accident occur
red.
At the conclusion of the evidence |
Judge Buckler made q very able plea |
TO the jury in behalf of his client Eok- |
man, referred to the MANNED cOndi- |
bion of his client and how he was physi- |
cally dependent on his small son, and |
during the recital, Eckman's sobs were |
audible all over the court room.
Judge Buckler demonstrated to the |