The evening Republican., 1902-06-26
Store Open This Friday Night
On Account of Sale.
Damages Are Reduced.

In Superior Court this morning
Chief Justice Lore announced that
the court had decided to grant a
new trial in the case of George
Winkler VS.. the Philadelphia and
Reading Railway Company, unless
counsel for the plaintiff would agree
to have the damages which vera
$S, 900 reduced to s., 900.
The case in question was brought
to recover for personal injuries re-
ceived while in the employ of the
company as brakeman. In the
accident Winkler lost three fingers
on one hand which makes him unfit
to earn as much money as before
the accident William S. Hilles.
who represented Wnkler, claimed
that the car on which Winkler was
working was not equipped with the
proper couplings and it was due to
this that he was injured. The
amount of damages asked was $12,-
900 and the jury awarded him
SS, 900. Levi c. Bird and Andrew
E. Sanborn who represented the
railway company, Immediately ap-
piled for new trial claiming that
the damages awarded were excess
sive.
The Court In announcing its decis-
ion for a new trial a;so claim I'd the
damages were excessive and stated
that the new trial would be granted
unless Counsel would agree to the
reduction as stated above, Mr. Hiilcs,
counsel for the plaintiff agreed to the
reduction to s., 900. Counsel for tho
Company claim that $4,000 has also
excessive bat after that agreement
the Court refused to grant q new
trial.
Mr. Bird filed a bill of exception
to s., 900 damages and will now take
out writ OF error 10 take the case to
the Supreme Court
Chief Justice Lore stated that the
Court would like to have all tho at
torneys present tomorrow morning
as the entire argument and trial list
will be gone over for the purpose OF
disposing of all cases on the calendar.
Argument was heard on rule to
show cause why writ of mandamus
should not be issued on City Council
compelling recognition Of Michael
Conway as chief engineer OF tho
local fire department.
Conway was elecetd by the combine
companies, who are in the majority
at the departments regular election
several months ago.
Council refused however, to recog-
nize Conway. as it had previously
passed an ordinance to- the effect
that the Fire Department officers
should In the future be elected Ia
rotation.
In accordance with the ordinance
passed by Council the auti-combine
com panies at the last election put up
Andrew p. Lohner, OF the Friend
ship Company No. l for Chief En-.
lsineer.
Under the agreement made in
1892 among the combine compa-
MES and the method which the
combine used in selecting officers,
it was the Weccacoe compaDy's
turn to get the chief engineer and
the Friendship company being in
the combine supported Michael
Conway of that company notwith-
standing the fact that Lohner who
was on the anti-combine companies
ticket was member of the Friend
ship company. As Council refused
to recognize Conway and as Lohner
did not receive the majority
of votes necessary, John Welsh,
whose term as chief engineer ex-
pirsd at the time of the election is
still holding over. David T. Mar
vii and. Robert iHarman argued for
the combine companies, William F.
Kurtz for the anti-combine and
lDavid Rcinhardt for City Council.
The argument will be concluded
this afternoon.