Delaware gazette and state journal., 1899-11-02
DONAHOE VS.. B. & 0.
First Trial of the October Term of TIL
limited EtaLes CIrcuin Court.

of the United States Circuit Court was
begun yesterday, Judge Bradford
being on the bench. The case was
the damage suit of Donshoe vs.. the re-
ceivers of the Baltimore & Ohio Rail
road Co., being an action for damages
for the death of Mrs. Honora Donahoe,
the allegation being that her death re-
suited from injuries received in fall
from Baltimore a. Ohio train at Della
ware avenue station. The plaintiff was
represented by John Biggs and John
X. Bradford and the defendants by
Levi O. Bird and Andrew i. Sanborn.
The following jury was drawn to try
the case:
Frank Poole of ST. Georges hundred,
Abram Palmer of Christiana, Joseph
Heisel of Red Lion, Franklin j.
Murphy of this city, Winfield s. Latto-
mus of APPOINTMENTS, Richard G.
Buckingham OF Mill Creek, George M.
Fisher of North Murderkill, Joseph S.
Burchinal OF North Murderkill, John
A. Bickel of Milford, William d. Venn
of Kenton. Elisha Long of Dagsboro
and ii. Il. Maybray Of Kentop.
William M. Canby of this city was
excused, being director in the Balti-
more & Philadelphia Railroad Co. The
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plaintiff, Edward De Haven and
defence, Peter ]. Ford of this city and
Alexander jackson of I. of North
Murderkil hundred.
Attorney Biggs, in presenting the
case to the jury, said the suit was
originally brought in the Superior
Court by Michael Donahoe and Honora,
his wife, but since that time the wife
died. The present action was brought
by Michael Denahoe, executor of his
wife. The accident, Mr.. Biggs said,
occurred at Delaware avenue station on
Sunday, Octoter 10th, 1898. Mr.. and
Mrs. Donahoe had been to Hockessin,
| and upon their return arrived at Della
ware avenue station at about $50
O'Clock in the evening. When the train
arrived at the station Mr.. Donahoe,
who was lame and walked with cane,
| left the car first and while Mrs, Dona-
hoe was trying to get off, with one
hand on rail of the car and the other
| on her husbands shoulder, the train
started. She could not get back on
the platform, being heavy, weighing
between ITO and $50 pounds, and Mr..
Donahoe, fearing she would fall, called
to her to let go, that he would catch
her. She fell with her whole weight
on him, knocking him down. Both
fell on the platform. against post and
both were injured. Mrs. Donahoe was
so badly hurt that she was compelled to
| go to bed as soon as she could be taken
home, and continued to decline until
August 4th last, when she died of
strangulated hernia. The action was
| against John X. Cowan and Oscar G.
Murray, who were, at the time it was
brought. receivers Of the Baltimore &
Ohio Railroad Co.
| Michael Donahoe, the plaintiff, who
| is 55 years of age and has lived near
| where Delaware avenue station now is
fot "a years, upon being placed on the
| stand, said his wife was about his age
when sine died. His testimony corrob-
Grated Mr.. Biggs' statement to the
| jury. He said he thought when his
wife fell her feet had been cut off.
After the accident the train was
| stopped and run back to the station.
| Mr.. Donahoe assisted his wife home as
best he could, partly carrying her, and
she was carried upstairs by Mr. Dona-
hoe and his son. After Mrs. Donahoe
had been taken to bed DIR. Swithin
| Chandler was summoned. During the
tion was so alarming that priest was
summoned and the last rites of the
Catholic Church were administered.
She rallied, however, but was very sick
| for five weeks. She was in bed for two
weeks, but after that time was able to
| go down stairs on somo days at 4
O'Clock in the afternoon. During the
| first part of her illness she was attend
cd regularly by DR.. Chandler and dur
ing the latter part by DIR. White, under
| whose care she was until the time of
| her death. During much of her illness
| Mrs. Donahoe suffered severe pains.
Mr.. Donahoe said there were six in
| the family and before the accident Mrs.
| Donaohe performed her household
duties, doing all the cooking, washing
| the dishes, taking care of her room,
| helping in the store which they kept,
bought all of the marketing and carried
| it home. After the accident, however,
she could not work, could eat very
little and lost much flesh.
Mr.. Donahoe, who was cross examined
by Attorney Bird, said he did not hear
the trsinmen call out when the train
reached Delaware avenue station. He
saidahe did not see the conductor after,
he took up the exchange ticket He
said he was on his feet, ready to get
| out, when the train stopped at Della
ware avenue station. He denied telling
Daniel Bowen after the accident that
| the train reached Delaware avenue sta
tion before he knew it and that his
wife called his attention to the fact
that the station had been reached after
the tain stopped. He also denied
making a similar remark to Samuel
Chambers. He denied having a con-
versation with James 7. Riley concern
ing the matter. He said he had not
talked with Riley for over a year and
would not speak to him. He said DIR.
Chandler had attended his daughter on
one occasion before the accident. He
denied telling DIR. Chandler that he
told his wife to jump from the train.
He said he caught is wife under the
arm and not by the hand, and told her
to let go. Witness said his wife did
not fall down stains few weeks before
the accident.
Oliver Clayton, the next witness call
ed for the plaintiff, a painter for the
j. Morton Poole Co., who was at Della
ware avenue station at the time of the
accident, saw the occurrence. He said
he saw Mr.. Donahoe descend the car
steps, followed by his wife. and while
the latter had one hand ON the rail and
the other out from the Car, Mr.. Donahoe
told her TO "let loose. She let go and
fell. She was about TO step off the car
platform when the train started. She
fell hard. When she was picked up
she placed her hand tc her side and
complained OF pain, None of the en-
ployes of the train were where the acci-
dent occurred at the time
Jonathan rlavton hrothar of Olivar