Evening journal., 1905-06-29
LIVED TWO YEARS
WITHNECK BROKEN
Lewis E. Taylor Seeks to Re
cover Damages From G.
w. Bush & Sons Co.
DEFENDANT MOVES FOR NON SUIT

The special jury case of Lewis e.
Taylor, colored, against the George w.
Bush and Sons Company was resumed
in Superior Court this morning. The
plaintiff is represented by Franklin
Brockson. John =. Nields and Chris
topher L. Ward are counsel for the
company.
Taylor was injured while in the en-
ploy of the defendant company and his
case is one of the most remarkable
ones that was ever brought to the at
tention of local physicians. He has
lived since April z, 1902, with a broken
neck, and although he may live for
years, in the opinion of physicians he
win always be an invalid.
Taylor was employed by the COM
pany as a coal carrier and was going
into the firms stable in April, 1903,
when a bale of hay fell from a sec
ond-story door. and striking him on
the head. crushed him to the ground.
VICTIM ON CRUTCHES.
His neck was broken at the juncture
with the vertebra, according to the at
tending physicians, and after lingering
for several months he began to re-
cover. His head and shoulders were
necased in harness to prevent. their
movement, so the fractured bones
would mend. but he is partly paralyzed
and is unable to get along without
crutches.
The case was started late yesterday
Afternoon and the defendant was the
first witness called. He had to be as
sisted to the witness stand. Taylor
told of working for the Bush Com
pany by the day and said he was about
to enter the stable. when the bale Of
hay fell from an upper story on his
head.
DEFENDANT TESTIFIED.
The defendant was on the stand for
few minutes this morning. Joseph
Murray, colored. was called as a wit
ness and testified that he saw the bale
Of hay fall on Taylor's head.
Dr. Conwell Banton testified that he
saw the defendant shortly after his
Injuries and that there was total par
lalvsis. Witness said Taylor was un-
able to walk then and that he could
mot make a thorough examination Of
the neck on account of the severe pain
caused by any movement.
bert was called in consultation a few
days after the accident and they found
a fracture of the neck. The injured
man was then removed to the Dela-
ware Hospital The witness said the
fracture could have been caused by p
bale of hay falling on the head. When
osked by Mr.. Brockson if he meant
to say in common language that the
I'D hIf
he did.
DR.. Elbert testified that he has prac-
ticed here for fourteen years. He at
tended the injured man after he left
the hospital and the bones of the neck
had then united but he had to be as
sisted in getting around. The witness
stated that in his opinion Iaylor's in
Ijuries are permanent and that he will
never be able to perform manual la
Dor.
DR.. H. c. Stevens testified that he
had also been attending Taylor and
gave him electrical treatment. He
considered the injuries permanent.
Charles Is. Palmer, an Insurance agent
was called to testify to the expectancy
of life Of man the age OF the plaintiff
FOUND TAYLOR INJURED.
Charles Davis testified he had worked
for the Bush Company since 1883 He
said it was customary for the employees
to throw the bales Of straw and hay Out
of the window from which the one was
thrown which struck Taylor. The witness
said he came in the yard shortly after
the accident and found Taylor laying or
a bale of straw.
Mrs. Taylor, wife of the plaintiff, testi'
fed to her husband being brought home
injured and to visiting him at the hos
pital.
The plaintiff rested its case shortly af'
ter IL O'Clock and counsel for the defense
then asked for a non-suit on the ground
that the plaintif was a fellow servant
and therefore cannot recover.
Counsel for plaintiff claims he was no
a fellow servant at the time Of the acci
dent, as he was working by the day only
and had been paid OFF when the bale OF
hay fell on him. The argument for th'
non-suit had not been concluded when thu
couN took a recess.
} Argument was heard on the motion o.
Horace G. Knowles, counsel for the plain
tin for a new trial in the case Of Michae
Lynch VS.. the Wilmington City Railwa,
Company. The court recently granted 4
mons suit in this case on motion Of Walter
II. Hayes, counsel for the railway com
pany.
In County Court yesterday afternoon ;
jury returned a verdict in favor of th'
defendant in the case Of Joseph T. lie
Compt against Daniel LeCompt. execu
tor. an action to try to recover for tn
care and nursing of Daniel LeCompt il
his last illness. John II. Rodney repre-
sented the plaintiff and T. Bayard Heise
the defendant.
A jury awarded s1sS.5S to John Thomp
son against Mary Walters. 1t was an
action to recover for a bill of goods
Reuben Satterthwaite represented Thomp
/ son.