Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-05-10
ASKS FOR $4,000
Abbie j. Elliott Wants That Sum
for Death of Husband.
Canadian Pacific Railway IL the Dcfcn-
dant-MnIcoIm Elliott Was Killed
at RichfOrd August :, 18O2-Was
Car Inspector.

| Damages of $1,000 are asked for in a
case begun yesterday in the nited States
courts by Abbie j. Elliott of Richford vs.
the Canadian Pacific railway. She seeks
| TO recover for the death of her husband
who was killed in Richford in 1907. while
| in tho employ of the defendant compan ny.
| This case was tried here ut "a previous
| term and verdict was returned for the
plaintiff. 1t WAS taken To the circuit court
| of appeals on exceptions and "a now trial
was ordered. Nj. l.. Powell of this city
and A. y. Rowley of Rchford appear for
the plaintiff and j.. r.. Alfred of Newport
and W. B. C. Stickney of Bethel appear
| for the defendant.
/ Court opened at ton O'Clock and in less
than an hour the jury had been cmpanclcd
After the jurors had taken the oath those
not ON duty were excused for the term
by Judge Wheeler.
The opening statement for the plaintiff
was made by Attorney Powell. He said the
case was an action for negligence to re-
cover damages for the death of the hus-
! band of the plaintiff in the Richford
freight yards. august !, 1907. At that time
! Malcolm Elliott WAS a car inspector and
had worked in that capacity for the com
pany II years. At the time he was killed
he was testing a knuckle in the rear of
/ two freight cars. While at work five
heavily loaded freight cars were shuntod
down the track and they collided with the
cars at which Elliot, was working, knock
/ ing him down and dragging him beneath
! the wheels for distance of 90 feet. When
! taken out he was dead.
| The plaintiff claims the cars were oper-
atcd in a negligent manner by an incom-
7 no nr hi1 l..I In
| in that capacity only one month.
I The counsel for the defendant did not
make an opening statement.
| The first witness was Abbc T. Elliott
the plaintiff in the case, and wife Of
! Malcolm Elliott, she testified that she
| lived i'll Richford and was admnistra-
! triX of her husbands estate.
| Mrs. Elliott testified that her husband
had been employed by the Canadian Pa
ciic railway for Is years as Il car IN
spector and was employed August .,
| 1862, when he was killed. AT that time
she said he was in strong. robust health
and earned S.3' per day. In add zion
he worked overtime and his monthly
pay amounted to from s33 to s3N.
Mrs. Elliott said she was the moth"f
| OF five children. four of whom were
minors when the suit was brought She
said she was dependent upon herself and
son for support. When asked if the
railway had paid her anything since the
accident she said:
| "No. sir. They never offered me any
thing
| Attorney Rowley of Richford ;csti-
fed as to the grade in tho Richford yard
Homer Whitman Of Richtord testified
that he went to the scene of the accident
Immediately after it occurred. lie
mea sured the distance Elliott was drag
ged and said it WAS 90 feet and that
when tho cars stopped his body was
under the third car from tho end, 50
that tho cars must have occn driven
about $50 feet.
Fay King Of Richford testified that
on the day of the accident he was at the
Richford station. while there he saw
Elliott got tools and go in tho rear Of
two cars. Tho shuntina crew was al
ready to turn a switch in She north part
of the yard and come back. The shunt-
ing crew sent five loaded cars down the
track and when they struck the two
ears. in tho rear of which Elliott was
working. tho force of tho impact was 50
great that sparks flew ana tho trucks
were raised in the air. Alden Sears was
on the cars, being in tho cc,tcr of the
| third car not near a brake. Tho con-
tact threw him to the brake at the end
of the car and at a call from Mr.. Green
| he began to throw on the brake. Mr.. Green
went to the top of another car and as
sisted in setting tho brakes. The wit
ness said the cars were moving faster
| than he could run ana were going at
a rate in excess OF thrice tho ordinary
speed.
| Other witnesses during the DAY were
Charles T.. King, II. W. kerrcN and
! Herbert Greene. They all testified to
! tho incidents connected with the acct
dent