The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-02
THE DONAHOE
DAMAGE CASE
The Plaintiff Closes and the
Defense Opens. De-
tense Claims that
She Was. Neg
ligent.

| NOuTl COuNcucu tulS IlOTHluH, lne
defence admitted that Michael
Donahoe and the deceased were
man and wife and that there is no
elevated platform at the B. & o.
station.
Dr.. Josephine White testified she
has been practitioner in this city
for nearly 22years She was called
TO see Honora Don ahoe last Novem-
Der and attended her until her death.
After an examin alton she found the
woman was very sore. After learn
ing the character Of the fall, she
was not surprised that she had COLI
lapsed, owing to the displacements
of the organs. She attended regu-
larry until February and found
that Mrs. nahoe was suffering
from hernia, commonly called rup-
turc, and it existed OH both sides.
From February until the time of
her death, Mrs. Don ahoe was oblig-
ed to lie in bed Is out of "a hours.
Owing to the soreness of her abdo-
men, she was unable to wear
truss. This rupture would lie pro-
duced by hard fall. The hernia
must have existed before she atten-
ded her. Subsequently DR.. Tomlin-
son was consulted concerning an
operation, and DR.. Draper was their
choice. Strangulated hernia caused
her death. The pain lasted until
her death. In fact. it was more
soreness and great distress than
pain.
TO Mr.. Bird discovered that
she adj heart disease. That fact
would not have complicated the
case. In case of hernia person
could live tor years or die in one
dav.
DR.. Tomlinson was recalled and
stated that such fall as described
would have produced hernia.
Michael Donahoe, the plaintiff,
was recalled and testified that her
life was insured tor $1,000 IN the
Hartford Insurance Company and
was passed by Dr.. Pyle.
The plaintiff here rested.
Mr.. Bird opened for the defense
and said there is no liability in this
case. These people took the train
at Elsmere and they sat in the sec
ond car. There were from 30 to so
people in it. When it arrived at
Delaware avenue station, the brake
man opened the front door and cried
out, delaware avenue station, Will
mington." He stepped off to get
the footstool and then the cond lctor
called out the station. Between 20
to 30 passengers got off by the front
door and Is to 20 passengers got on
and when the conductor looked to
see if all passengers were off he
gave the signal to the engine man to
90 ahead. The train was a few
minutes late ard the engine man
said "Why do they stop me?" This
poor woman was injured by her own
gross negligence and her husbands
combined. The car was IN motion
before-Honora Donahoe went to the
door, and he stepped down and cried
Come, come, come, jump
The defense will show that Dona-
hoe did not know that they had
reached the station. They then
started to 90 out and the car was
in motion. If we show to you, gen
tlemen of the jury, that this COM
pany did all they were expected
under the circumstances we shall
ask you zea,olsly for verdict in
favor of this railroad company.
Rudolph Perry testified he was
the conductor on the B. e. o. train
on the night Mrs. Donahoe was in
iured. The run to the Delaware
avenue station from Elsmere is
seven minutes. There were between
IS and 50 passengers in the middle
car. He first announced the sta
ton and after he saw the passcn-
gers off he got off. Then he looked
through the windows and seeing
no one move he looked at the block
station. saw it was clear. and gave
the signal to go ahead. Just as he
stepped on the car he saw some one
Jump off of the rear of the second
coach and saw the man turn around
and put up his hands. He then
stopped the train after it had moved
about half car length. When he
got back the couple were on their
feet. Mrs. Donahoe said her
shoulder was hurt as she struck the
guard rail, In his opinion the train
stopped at the station from ? to "a
minutes. The electric lights were
burning on that night.
TO Mr.. Biggs-We were three or
four minutes late. We ran as fast :
as the law allows coming to the Del
aware avenue station. He did not
see any one get on or off the rear
end of the second car. He could
not remember how many times he,
announced the station.
At this stage the court ruled out
statement made by Donahoe to
the witness at the time.
Witness continued that so far as
he could see Mrs. Donahoe was
not hurt bit.
George n. Shoemaker, the brake
man on the train, testified he an
nounccd he station on that night.
The train was coming into the shed
and he jumped off while it was in
motion and got the stool for the pas
scngcrs. After the passengers got
off and Is passengers got in he
stepped on the train. As he did so
he saw Mr.. Donahoe step off and
he ran back and cried "Hold on.
Mrs. Donahoc was then on the step
and resisted and later saw her fall
on the platform,
Engineer William p. Sheppard
and fireman Silas Williams testified
to the length OF time the train stoou
at the depot.
Charles Pickins testified he en-
tered the middle car from the rear
platform. twas there two minutes
and the train was in motion. He
met Mr.. and Mrs. Donahoe getting
off. Mrs. Donahoe was at the door
and Mr.. Donahoe said "Come on,
como NJ, ~