Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-03-08
SUPERIOR COURT.
The Case of James II. Lawisss' Administra-
--- tnr rs. Iha HnseY 4 Homes. Co.

time Thursday morning. In the case of
Richard Gear, by his next friend, John
p. Gear, vs. The p, w. ~ b. Railroad
Co, u special jury, consisting of the
following persons was drawn: Thomas
N Stayton, Samuel Morrison, Robert (
Whittock, John Niven, Franz T..
Whiteman, William A. VIckery, George |
NJ. ID. Hart, George w. Gray, Caleb |
M. Price, Thomas j. Day, Merritt N.
Wilhts, Charles Raschall. Chief Justice |
Lore cautioned the jurors in relation to
talking of the case and dismissed them
until Monday, June 4th to which time
the case was continued.
The $40, 900 damage suit of james f.
l.awless' administrator VS.. the Pusey "
| Jones Go. was put on trial in Superinr
| Court Friday. William S. Hilles
and Harry p. Joslyn represent James
| A. Croker, Jr., Lawless administrators
| and brothsr-in. law, and James w.
Ponder and Walter II. Hayes represent
the Pusey II Junes Go.
Lawles4 was at work in the shipyard
December 10th, 1897, putting up frames
for tug boat. He was struck and
killed by piece OF the upper boom of
derrick. Mr.. lIilles claimed that the
derrick was in an unsafe condition,
had beon exposed to the elements foi 20
| J ENlS- NDd lub AtolSN
gardGd all ordinary safeguards.
James A. Croker, jr., Mrs. Croker,
Charles Il. Dougherty and Thomas j.
Cooney testified. -...
1t was shown that Lnwless was "a
years old and was lahorer, securing
work wherever he could find it. He
had heep at pusey's for about 10 days
before his death. Occasionally he
worked for Mr.. nougherty and had
J taken tho pledge at his request about
six months before his death. 1t was
testified that his drinking had not
affected his health.
! Other witnesses were John E. Connell
and William Il. Moon, who were en-
Eloyed in the shipyard, and William
: Walls, an experienced man on derricks
Walls testified that the derrick should
t have had q band OF ring Of iron attach
ing the boom to the mast, or it shout
7 have had II throat halyard. which
I would have held it to this mast. The
, witness declared that tho derrick in
. question was unsafe.
Further testimony was taken for the
, plaintiff Friday afternoon in the
D 100000 damage suit of James +.
: Lawless' administrator VS.. the Pusey
., Il Jones Co. a miniature derricR
r was produced by tho defence. William
!. w. Knox, an insurance man, testified
= fiom insurance tatles that the eS
S rectancy Of life of man q years ole
r is IS years and six months.
$ Samuel l.. Durris, who was employed
a in the shipyard when Lawless wa'
IS killed, testified that Foreman Gal
T. lagher had told the men on the da.
!. before Lawless was killed, not to us'
!, the derrick as it was unsafe.
r. 4 l,.I,a - ,sfa nv
o perience with various forms of hoistinI
apparatus, declared that derricl
q similar to the one in question, will
). no other support en- the mast than
u collar around the mast, is of no use TO
], anything, as the jaws in the gatf ar
" likely to break.
>, Patrick Shannon testified that tn
jaws of tho boom, or gait, broke. Tb
- derrick had been standing in the var
~ since 1872 or 1873, and in his opinion
J, the men had no business using it.
D; BY agreement of counsel, the tim
:, for fling exceptions and a writ OF eIrC
s. in the case of Charles j. Higgins vs.
the Mayor and Council of Wilmington
= in which verdict for the city wa
s. recently given under the instruction {
a. the court, was extended 30 days aftt
y the adjournment of court.
v Superior Court Saturday warm tigi
D. was had in the case of Ezra Fell VI
Sarah Ann Fell, on rule 10 set asic
er sheriff sale. Mrs. Fell's SO acre far
!. in Mill Creek hundred, sold at S;Sl q
d; acre at sherifis sale last Decembe
w She claims that she did not have IL
na 10 days notice required by law, ar
~ that the price received was inadequat
~ For Mrs Fell, the witnesses were lie
ed self, Arthur Hickman, William FeI
81 Florence Aiken, W. Ii. Greenwal
Samuel Chambers, John ii. Bes
on George ii. Craig, Townsend Walton.
rs, In behalf of the sale. the witness
go were Frank Boyer, Samuel Worra
OF Benjamin A. Groves, James Hossinge
o. II. G. Buckingham, W. Nj. EastEur
~ Franklin pennoci, J. T. Dempsey,
'n' I. johnson.
Mrs. Fell said that service was n
"a. made unit December 18th. only thr
Jus days before the sale, which was on II
cember 18th, but Frank Boyer snid
served the notice on December 4th.
w. The court discharged the rule to 5
aside the sale ard granted rule
M. !, writ of possession with stay OF exec
'9i ton until March 25th.
'Ia A rule for writ of possession v
inu granted in the case of Dolby vs.. W
ioF liam Y. Ellison, with stay I'm
iiiu March 25th.
am Continuance was granted in the CT
of Park vs. Mccullough Iron Go.
ny The plaintiff concluded putting
en- testimony for the present in the case
james Il. Lawiess administrator
ID. the Pusey & Jones Co., in the Super
Court Monday. Jeremiah Morl
Q at an expert on derricks, who had b.
employed at Harlan ~ Hollingswo
ella Co. S, and at Wetherill's, near Chest
was testified that the derrick in the c
en- was unsafe. John p Dooiey. who 8
and the Incident which caused Mr.. Lave
got death, testified concerning it and Il
the the plaintiff rested. William s. Hi
Their and Harry Z. Joslyn, who represent
med administrator, gave way to James
orn- Ponder and Walter H. Hayes, Ierrese
ing the defendant, and Mr.. Pom
opened to the jury.
Mr.. Ponder said it would be sht
Port that the derrick had been oyerhaule
rges few weeks before the accident and
tish in perfect working order; that il
shell rigged as many derricks arc, and
liver similar derr clis are used elsewh
opo- that the accident could not have
from prevented. being an act Of God.
de- hold that there was no negligence
or the part of the company.
iver, Charles Ii. Head, fer about 80 y
tha6 general superintendent OF the ship!
u an of the Pussy & Jones, testified tina
was an accident TO one uf the stay n
!, MS sometime before LawlesI was xii