Evening journal., 1901-12-13
JURY NOW
DELIBERATES
DefenSein Damage Suit Makes
Exception to Charge
VERDICT EXPECTED SOON
Plaintiff in Another Case Given Jadg-
ment After Brief Trial Other
Court News
VERDICT EXPECTED SOON


Judge Spruance, in the Superior
Court uhis morning, charged tine jury
in the damage case OF Giuseppe Gior-
dano vs.. the Brandywine Granite Com
pany. AT its conclusion Mr.. Smithers. |
representing the defendant company, |
asked dhe court to grant an exception,
which was ordered entered.
Judge Spruance said. in part, as fol-
lows:
THAT Il is conceded that the lnjur-
les were inflicted on The p.aintim by
the premature discharge OF a bust i
while working in the stone quamy of
the defendant company, and assisting
one Caperello. a blaster or powder man
of the defendant, in loading or prepar-
ing said blast.
"The ground upon which a servant
RECEIVERS in an action against the mas
ter for injuries sustained I'm his service
is that such injuries were caused by
the violation or neglect of some duty
which the master owed to the servant
II there was no such duty. there can
be no such liability.
The ground OF recovery in such an
action is the negligence of the master.
or The negligence of some person for
whose conduct the master is responsi-
BILE to the p.aintlf The burden OF
proving such negligence is on the
plaintiff. A servant cannot recover
from the master for injuries caused by
the negligence of fellow servant in
the selection and retention of whom
the master has used due diligence.
10 istale dutyof the master 70 employ
careful and skilled servants. The Jury
must be satisfied from prepunderance
OF the evidence:
First, that injury complained of was
caused by the negligence Of such fell
low servant; second, that such fellow
servant was an incompetent or negli-
gent servant; Third, that the master
had actual or constructive notice OF the
incompetency or negligence OF such
fellow servant. Whether ALL or any
of these facts have been proved is 10
be determined by the jury. after care
ful consideration Of the evidence.
1T is the duty of the master to dis
charge an incompetent reckless. or
careless servant if he knows of the
servants incomptency, reclxlessness or
carelessness; or, II by due care and
diligence, he could have obtained such
knowledge
/, 'Incompetency and carelessness can
! be proved by evidence OF prior acci-
dents to such servant.
3 1T is general rule that a servant
entering into an employment which
is hazardous assumes the usual risks
Of The service which are apparent to
ordinary observation.
, IF your verdict be for the plaintiff.
!, il should be for such sum as IN your
!, judgment from the evidence will rea-
J sonaby compensate him for his in
!, jmies, including his loss Of time and
wages, his pain and suffering i'm the
past, and such as he may have in the
3 future as the result of mis- injuries, and
also for his permanent injuries and
r loss Of ability to earn a living in the
future"
t When the damage case jury had re-
? tired the case of Mcclure e Co. VS..
William J. Johnson was put on trial.
Mcclure & Co.. tinp,hte dealers. claim
E that johnson owes them S54737 on
] notes with interest. from May %. 1899.
/ Harry Emmons represents The plain
{ tiff and Lilburne Chandler the defend
ant
z Prior to the closing Of the defense.
: Mr.. Chandler recalled Mr.. Johnson. and
S created quite a stir by the following
y questions:
4 "Mr. Johnson, you have heard the
s plaintiff say that sS5 had been collect
e ed from the rent of your property. Now
how mudh rent was collected?'
y ''AIr. Emmons told me that s2OS had
q been collected"
= 81 object, said Mr.. Emmons.
you told me yourself" replied the
. witness In an angry tone.
J. There was a general laugh over the
incident
g Il would like this man sworn as a
d witness for I never made that state
r ment," said Mr. Emmons to the court
d The court ordered the question ant
+ answer stricken out
n The case was submitted to the jury
- without argument and the jury re
D. turned a verdict for the plaintiff with
Il out leaving the box.