Every evening, Wilmington daily commercial., 1906-06-25
VERDICT FOR M,ORAnKEN
Who Was Injured at Atlantic CITY 1v
Weeks Ago.


Weeks Ago.
John L. McCracken, who is we'll
known in this city, as he was formerly
foreman in the shops of the Ameri
can Car and Foundry Co. and later
tne proprietor of the Shirley street
cafe, was given verdict by a Jury in
Atlantic City, on Friday night las.
i9r ,uOJ, against the Hotel kudolph.
lie was represented by James W.
tonder OF this city, Of the law firm of
Saulsoury, Ponder 81 Curtis, and the
uelehce was represented by Attorneys
hu ulBesls ana SOoy of Atlantic CITY.
Nr' McOracken, about two years ago,
altehueo q convention of Painters in
atlantic City. Although stopping at
ahotner MOTEL he was invited hy
friend, Benson II. Brown of Detroit,
70 be his guest at dinner at the Hotel
huuolph. Alter dinner he started with
hr' brown Co the latter's room. They
eoJ on the elevator and while on their
way 10 the room the lift dropped two
noors TO the basement Every me sue
! ceeded IN getting out of the elevator
atter 70 dropped but Mr.. McCracken
and before he could get out it started
up again of its own accord and he cot
/ pinned between the floor OF the eleva-
| TOR and the ceiling Of the basement.
/ lie was injured, but after a ew DAYS
! " .s rel o ed 10 his home in this city.
| A. or mahs weeks he was not able 10
leave his room.
lie brought suit against the hotel
and placed his C use in the hands of
salisbury, Ponder a. Curtis.
lie case came up last week ard Mr.
| Ponder went there 10 conduct the SUIT.
de was greatly handicapped, however,
as ex-Judge John ". Wescott o, Cam
den, VINO was associated with him
and had attended TO looking up mucn
Of the law in the case, was seriously
injured ln a trolley car accident two
days prior TO the time of the trial and
was unable TO be present.
The defence fought the case on the
ground that McCracken was not guest
az the hotel and therefore could not re.
cover and moved for non-suit on
those grounds. Mr.. Ponder was com.
PEELED 10 work nearly all night two
nights hunting up law to fight the
motion, hut 10 was eventually refused
Judge Endicott, who tried the case
decided that hotel was a public place
and there was an applied invitation {,
the public 70 enter, provided they be-
haved themselves and had business
there. The case establishes a preceden
! IN New Jersey. On account OF tn
large number OF hotels there man,
persons were interested in the outcom
OF the suit. The case will be az peale,
on the same grounus on which the mo
5 tion for non-suit was made.
A number of the persons directl
connected with the trial formerly live
{ IN this State. This Mr.. Ponde
learned on talking with a number q
r the iurymen after the verdict had bee
E | announced.
The judge who tried the case was
class mate of Mr.. Ponder's brother
Mr. Scott, the clerk OF the court
formerly lived in Milford and tn
. chief clerk at the Hotel Rudolph
whose name is Keegan, formerly live
a at Milford and later at Middletowr
where his father now resides.
e One iuryman named Race recentl
s lived IN Wilmington, another wa
/. from Dover, another from SUISSE
/. county and another is cousin Of K. /
- Turner, groceryman in this city.
/ The hotel physician who attende
IS Mr.. McCracken Immediately after
Il was injured was DR.. Ponder Conway
o He came from Dover and was name
j. in honor of Mr.. Ponder's father, form
b, Governor Ponder.
s Mr.. McCracken, who won the suit,
S now superintendent Of the car pain
II ilg for the Interborough Railwl
d Co., New York City.