The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-01
SUIT FOR ].
DAMAGES.
The Case of DOnahOe VS..
the B. & 0. R. r. in
the United States
Court.

| DclOTC Juupc bT dulOTu, III III
United States Circuit Court to-day
the damage case of Donahoe VS.. The
Receivers of the B. g. o. Railroad
Company commenced. The plain
tiff, Michael Donahoe, was repre-
scented by John Biggs and John X.
Bradford and the defendant by
Levi c. Bird and A. e. Sanborn.
The following jury was empanel.
ed: Frank Poole, Abram Palmer,
Joseph Heisel, Frank J. Murphy,
Winfield S. Lattomus, Richard G.
Buckingham. George M. Fisher,
Joseph II. Burchinal, John A. Bick-
Ell, William d. Venn, Elisha Long
and H. e. Mabrey.
William M. Candy was excused
by the court on the ground that he
is a stakeholder in the b. & o. r..
n. Company, on which road the ac-
cident happened.
The following jurors were chal-
lenged by the plaintiff: Edwin De-
Haven and Charles S. Robb. The
defence challenged Peter J. Ford
and Alexander Jackson.
John Biggs opened for the plain
tiff and stated that since the suit
was instituted, Honora Donahoe
died and the husband and executor
of the deceased is the plaintiff. The
facts are, that on Saturday, Oct.
10, 1898, Michael Donahoe and wife
wishing to visit friends at Hockes-
sin purchased round trip tickets at
the Delaware Avenue station. Up
on their return they changed cars
at Elsmere. When they arrived at
Delaware Avenue station, Michael
Donahoe passed out and stepped to
the station. When stepping off he
noticed there was no step and a boy
brought one over. Mrs. Donahoe had
her hand on her husband S shoulder
and the other hand on the car rail
as the train started without any
warning. He, being cripple. did
not want both to be dragged under
the wheels, and said, "For Gods
sake let 90 and I'll try and catch
YOU" She did so and tell with her
full weight. She could hardly speak
and was taken to her home. From
being an active woman, capable of
discharglrg her duties, she became
a physical wreck, and never left
her bed until her death. Her death
was caused by hernia, and that
event occurred on August 9, 1899, as
a result OF the injuries received as
stated.
Michael Donalloe testified that he
was the husband of Honora bona.
hoe. They had been living here "a
years. His wife weighed between
lis and lS0pounds. On October 16,
1898, accompanied by his wife, he
went to the Delaware Avenue sta
lion and bought two tickets. They
went to Hockessin and returned the
same evening. When they boarded
he train at Elsmere coming home,
here were goodly number of per-
sons and they made rush for the
second last car. He being lame,
hey went to the other end and after
entering, the car was nearly full.
One sat on each side OF the aisle.
AS they neared the station. they got
up and went to the door. There
we're two men and woman ahead
If him, and as he passed down he
saw there was no step and no tram
nan. A young man brought over
he step and about the same time
he train started. He saw there
was no way to save the woman's
ife except for her to jump, and he
old her to do so. She fell with her
ull weight on him and he was afraid
hat her feet had gone under the
wheels. The train stopped and the
and baggage master
came back. He helped her to her
home as best he could. After
hey got home they summoned Dr..
swithin Chandler and as her condi-
ion was critical, he summoned the
priest, who administered the last
ties of the church. She was I'M
able to leave her bed for two weeks.
After that she complained of pains
n her stomach and her suffering
1t times was intense. These in
ense pains continued until the time
VI her death. Before her injury at
he station, his wife did all the
and kitchen work and at
ended to her own bedroom and on
'riday and Saturday helped him
II the store. She always bought
he things for the house. After the
accident, she was unable to move
lbout the house and lost about 80
pounds IN flesh.
To Mr.. Bird witness stated that
le did not hear The conductor or
brakeman call out the station. He
'citcratcd the statement that he and
lis wife were standing up when the
rain stopped. He denied that he
said to Daniel Bowen The train
rot to Delaware Avenue too soon. !
did not know we got there until my
wife looked out the window and saw
IIcincl's factory. Then they went
% the steps and he got off first and
pulled her off as she did not want
to pass the station"
Did YOU say to Samuel Chambers
hat you had trouble in getting on
he car? | did not.
did you tell him YOU did not
inow you had reached Wilmington
md that your wife told you?" 81
lid not. ="
That you got off first and took
,old of her by the hand and said for
iod's sake jump" Il did not, posi-
lively"
He denied that he had a CONVEX
,ation with James n. Reilly of No.
4O5 Scott street because he would
lot trust him.
Witness denied that he told DR..
handler that he caught his wife by
he hand and told her to jump. He
lever said that he reached Will
nington before he knew it.
Mr.. Bird--Did your wife fall
Town stairs a few weeks previous
o the accident.
Mr.. Biggs objected to this testi-