The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1904-12-17

right side of the road and counsel for
the plaintiff claimed that this was negli-
gence in itself. Another suit is on file
against the Standard Oil Companyfor
personal injuries to Mrs. Hartman in the
collision.
DcvclS vs.. the p, b. Il w. r. r., n
~,lit for damages for personal injuries
sustained by plaintiff at Concord ave
nuc crossing in Chester, Pa, on October
~. 1902, was set for trial on Thursday
morning before the following jury---Jas
NJ. Ca>llo. foreman; J. f. Holt, G. w.
Rarrr,, 7. III. Warb'rrton. II. A. Rees,
Arthur Harvey. William Perry, w. r..
i. Il. RobnSnn. W. c.. Brgan, w. IT.
Reed, w. J. Falls and George Ricketts,.
Court then adjourned for the day.
THURSDAY.
Court met at $50. a. m, and Deyers
VS.. the F.. b. X w. Il. r. was taken up.
On motion Of Joshua Clayton, Esq, AL
bert ID. McNcy, Esq, of Philadelphia,
Was recognized as Il member of the bar
of the Court. Mr.. Clayton stated the
plaintiffs side Of the pending case which
i'll brief WA, &> foilnw>: The plaintiff,
James ncvcrS. had been in the service
of the F.. b. N w. r. r. for Is years
mp to October %. l9G2. uS a tagman in
Chester, Ia. He worked day and night
tuwrs weekly alternately. On the night
OF inc accldcht he went On duty at p.
M. to work II hours There are three
tracks at Concord avenue crossing where
his watch box WIS located. the two main
tracks and siding. As he wgls going to
the box the engine of n train on the sid
| struck tho h,.S which had hnlp
moved too close to the siding, and spun
around Twice DeFcr> was struck on
'h' heau ny the box lie was helped to
street car by tralnmen' went home and
put plaster on his back which hurt him.
| ior Long, OF Chester the c"mlany =
phNSlrah, ana other doctors attended
MN. DeverS WIS III rugged health prior
l." the accident but alleges that he Is
row suffering from several complaints
resulting from his injuries. The defense
reserved its statement. DeverS took the
stand and told the story of the accident
and its effects upon his health. The
case occupied the remainder of the day.
| Joshua Clayton and y. ID. McNey, OF
IIaines and A. l.. Crothers for defend
"'''
When testimony for the plaintiff clos
ed, counsel tor defendant sought to have
the case decided upon the point that the
accident had been shown to have re-
| suited from the negligence OF the de-
| tendant's carpenter, who had charge of
| repairing the watch box claiming that
he was fellow servant OF the plaintiff
aud that the company was therefore
not liable. The Goodnow and Yates
| cases arising out OF injuries sustained at
the harbon Works and at clay plant
at North East, among others, were cited
| by MIR. Halnes in support OF his view,
but two of the Judges could not agree
| with him as to the scope Of the Good
now decision, the latest cited, and re-
fused to grant the PRAYER. testimony
for the defendants was then taken.
Th" Grand Jury at ) p. M came into
Court with tn" following prr>cntmcntS--
VIM. li"prS and J"hn Holland for tn"
wilfnl murder Of Albeit Constable, Alex.
Hoffman and John 'laL~ton. CARRYING
concealed deadly weapons; VIM. Light
cap. larceny of cans. the property of
John Tarhutton.
,,n,,,v
Court met at Q so a. H., and Devers
| VS.. the T., x W. X. X. was resumed
| The PRAYERS were submitted and the
case was a gued 10y Mr.. McDade for the
plaintiff, and Mcssrs. IIaines and roth
ers for the defendant before, and by
| Mr.. CLAYTON. for the plaintiff. after the
noon recess The Grand Jury al noon
presented Clair Green for larceny and
returned indictments against William
| Liehtcap for lar env and Tohn Cranston
for CARRYING a concealed weapon.
The case was given to the Jury which
later found for the plaintiff for S2, 500,
and court took a recess. After the re-
cess Massey VS. Anderson & Son was
put O trial before the following iurv
William I. Patton, foreman; Nj. S Nc
Nance, p. NJ Groves, ecil + Ewing,
r II. Logan, l. II knorr, G.. + Brow n,
T. B. GILLESPIE, l.. r. Hill, Henry Bid
uie, j. ri ~ -N':"lieH anu ia, ieS -. Nd
Tihe u nc SUI, was plo',S At 'y iiei i'ian
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