The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-18
IRWIN CASE ON TRIAL
Electric Light Company Sued
for $4,000 Damages
RESULT OF LIVE WIRE
On Which Lee Irwin Is Sc
vereIy Burned,

The case of Lee Irwin, whom through
Harrison irwin. his father is suing the
wichita Gas. Electric Light ard Power
company to recover $4,000 damages, said
to have been sustained because Of the al
legged gross negligence Of the defendant
came up for hearing in the district court
yesterday
On June Il the plaintiff, who is a Is
year-old colored boy. was delivering
some washing with companion named
Clarence Laird He came in contact " TIL
a live wire belonging TO the defendant
company that had been grounded in the
alley between St. Francis and Emporia
and Pine and Elm streets and was seri-
ously burned.
The jury in the case had been impanel-
ed Friday and hearing Of the testimony
was begun as soon as court opened
The case is being watched with interest
by attorneys, as several important legal
questions viii come up druing the course
of the trial that VIII call for special rul-
ings from the court which viii establish
precedents in similar cases of the future.
The plaintiffs attorneys in the action are
Judge Haymaker and B J. Keenan,,
while the interests of the defendant com
pany are being guarded by Houston &
Brooks. Fifteen witnesses for the plain
tns testified yesterday, there being sew
eral experts. The frt witness for the
defense. DR.. Oldham was also heard,
after which court adjourned until Mon
day morning at o'clock.
The case is likely TO 80 to the jury
Monday night.
Mrs. Ella King was the first witness
called. She testified that at the time of
the accident she happened to be in the
vicinity. She saw the boy lying in an
apparent unconscious condition for nearly
ten minutes and thought he had fallen in
a spasm. She said that the wire had
been down for several days.
Mrs Bryan, another witness. said she
saw him writhing and also heard HIN
scream.
Joe A. Conklln testified that the wire
had been down. as near as he could re
member for four DAYS. He heard the boy
scream and then went to his assistance.
s. L. Davis a grocer, said that he
hauled the boy to his home in his wagon
and that he had commissions at nearly
every fifty yards.
H. A Christ who was in the employ of
the electrical company at the time, tes-
titled that he had notified his company
that the wires were down about three
days before the accident occurred, but
they did not remedy the matter.
II. A. Christ and c. E. Woods. team
sters, who were driving along at the time
of The accident, both testified that the
boy was still upon the broken wires when
they saw him. His feet were barred and
the wire had burned into the heel of his
foot.
Charles Williams, superintendent of
for the Wichita Street Rail-
way company, gave expert testimony for
the plaintiff In answering a hypothetical
question relative to the proper distances
of the poles upon which wires are strung
should be distanced he said the poles
ought to be not more than from 90 to 125
feet apart To have them at a greater
distance would cause the wires to sag
and in course Of time the wind would
cause the wire to break.
BY the testimony of the previous wit
nesses it had been proved that one Of the
poles had blown down and never re-
placed. This caused the two supporting
poles at this point to be PSI feet apart
The next testimony to be presented was
that of Dr. A Jordan He said that he
was called to attend the patient soon az
ter the accident had occurred. by the
boys parents. He found several burns
on his body. The left heel and upper
left arm were in the worst condition. A
wound in the heel caused by the live
wire. was as deep as the hone and the
plaintiff was suffering intense pain. He
was also badly frightened
DIT. Jordan stated that he was com
PEELED to cali there two or three times a
day for several weeks. After the first
ten DAYS the hoy grew worse Lock-iaw
developed. During its duration the pain
the boy was suffering was intense. II
had never seen anything like IT," said the
doctor. II thought he was about to die.
his suffering was some hing awful. For
two weeks his folks could only feed him