Delaware gazette and state journal., 1899-11-09

He did not see Mr.. Donahoe until after
Mrs. Donahoe was on her feet. Two or
three people picked her up.
Samuel Chambers, upon being re-
called, reiterated what he had said in
the morning, that Mr. Donahoe had
| told HIM that the train arrived at
Delaware avenue station before he
knew it. He also said Mr.. Donahoe
told him he and his wife remained In
| the car until after tbeother passengers
had left it, when Mrs. Donahoe made
the discovery that the train was at
Delaware avenue station; also that as
they were leaving the steps the train
started and he told her to jump or let
loose and she did so and fell.
On cross-examination, Mr.. Chambers
said Mr.. Donahoe told him he was
afraid his wife would be dragged under
the wheels. During subsequent con-
versation Mr.. Donahoe told witness be,
and not his wife, discovered that the
train had arrived at Delaware avenue
station.
Mr. Chambers said he was friend
of Mr.. Donahoe's and testified re-
luctantly.
Daniel Bowen of No. 1911 Lircoln
street, said Mr.. Donahoe told him after
the accident that the train got to Della
ware avenue station too soon aud he
did not know where it was until his
wife pointed out Heinel's factory, near
the station. Witness also said Mr..
Donahoe told him when they lett their
seats the train had started.
! Mr.. Biggs asked the witness whether
he had not had trouble with Mr.. Dona-
hoe over pair of boots, Witness re-
piled that he had not bad any trouble,
but his son had and he (witnessl paid
the bill. Witness did not know whether
jump off. She was reluctant about
getting off.
Mr.. Bowen said he was in charge Of
the Uuion News Co. IS stand at Delaware
avenue station, but had no interest in
the company or the case.
James Riley said Mr. Donahoe told
him about tho accident. saying the
train got to Delaware avenue station
SO quick he did not know he was there,
and when he got up from his seat the
train was in motion. He said he told
her to jump off, as he thought he could
catch hcr.
In reply TO Mr.. Biggs, witness said
the statement was made to him by
Mr.. Donahoe about last March or April.
Witness said he was surprised at Mr..
Donahoo's statement on Wednesday
that he and the witness were not
friendly, as they had a friendly con-
versation last Friday and he supposed
they were on good terms
He said he was out of employment
and denied that he had an application
pending with either the B. 4 o. or
Pennsylvania companies. N
n Mr. Bird remarked that he had never
seen the witness before, wherenpon Mr..
Biggs said he had, that he and Mr..
Bird had had a law suit over him.
This statement created ripple OF
laughter in the court room.
William T. Kirk, telegraph operator
at Delaware avenue station. said the
J electric lights had been tui ned on prior
J to the arrival of the train 90 tho night
d of the accident. The defence closed
:, with this witness. E ~
Miss Mary Donahoe, daughter of the
deceased, upon being recalled in re-
; days after the accident, while changing
her mothers clothing, she saw bruise
, on her left thigh, which was not there
before the accident Her mother told
her tho bruise was result of the fall
from the train. .y
Mrs. Cornelius Donahco said she
noticed the bruise two or three days
after the accident. Sho knew her
mother-in-la law had not sustained fall
, down stairs few days before the acoi.
| dent.
Michael Donahoe, upon being recalled
by MI. Biggs, said his wife did not tel
the conductor Of I he train on the night
of the accident that she sustained nc
injury except that she struck hei
shoulder against ono of the guard rails,
as the conductor alleged in his testi
mouy.
L. E. Wales, representing the do
! fendant in tho damage suit of Aristidi
de Lucca against Hughes Brothers.
Bangs, asked for continuance, on thf
!, ground that an important witness is
at sea and will not touch iat any port
for three weeks The case was sot fol
trial next Wednesday. Judge Bradford
said he was avcrse 10 continuing cases
but under the circumstances the case
in point was passed for the present, 4
time to be fixed later, after Judge
= Bradford has conferred with Judge
Gray. Mr. Wales application was tt
. have the case continued until next
: term, but it is likelysthat it will be
! tried tho latter part Of this month.
When the trial was resumed or
rriuhl oohH biSSsi hopi oSFntinB lii'
plaintiff, opened 10y presenting the law
bearing on such cases. A
lie said the conductor was bount
, to exercise extreme care in protect
|. ing the deceased, Honora Donahoe
: who was passenger. If the jur,
4 believed the train was not stoppeo
. long enough to allow the deceasut
to allght or it started while sht
a was alighting the deceased was moi
guilty Of contributory@ negligence. L
g. the jury believed the woman's injuries
we're the result of the accident and tn,
= accident was due to negligence on th,
q part Of tho defendants, then tn,
J plaintiff should be allowed damages
4 Mr.. Biggs cited numerous authorities
y in support of his contentious. He hell
that even if Mrs Donahoe had hear
= disease or other ailments the cumpan,
had no right to kill her Or make he
ailments worse. Ho said the executor
had right to bring The action. Should
= tho jury decide in favor of the plaintiff
= damages should be assessed as the,
q deem proper, taking into consideration
4 the illness of Mrs. Donahoe and he
n suffering from October 10th. 1905, unit
q August 4th, 1899, and her death, which
). occurred on the latter date.
d,l A. L. Sanborn, representing the de
a PENDANTS, before presenting the pro
positions read the testimony of th'
!, plaintiff in regard to Mrs. Donahoe'
Il duties. There is no doubt, he said
v that a common carrier is bound Il
r. exercise diligence toward q passenger
# more go than to the outside public