The wageworker. (Lincoln, Neb.) 1904-????, 1908-05-02
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were tied by his superior. The com
pany was not liable. and he was in
structed to pay Merritt $50 and to
say that after while they might give
him a Job as night watchman. where
he could earn about s1e per week
But remember" said Brown. I'VE
can't make any agreement in writing
about giving YOU a job You viii have
TO take my word for it
The unfortunate man had no alter
naive but to fight the International
Harvester company and to devise
some new way of earning livelihood
He had one relative. an uncle. who al
though poor. had managed to save
few hundred dollars From him Mer-
ritz borrowed 5000 ana rented a little
store near one of Chicago's crowded
public schools He laid in a small
stock of candies and school books His
little capital was not enough to pro-
vide all of the articles that the child
rem called for. and his profits from the
nickelS of the children. amounted to
about seventy-1ve cents per day
Merritt returned TO the lawyers of
fice and suit was brought against the
International Harvester company for
50. 000- An overworked and underpaid
employee in the Office of the harvester
company-one whose duty it was TO at
tend to the routine details of damage
suits up to the time of trial-neglect-
ed to file in court the proper papers
answering Nerritt's claim for dam
ages in the time fixed by law and Mer-
ritt's lawyer took a default against the
company. and Judge entered judg-
ment for $4,000 in his favor
A few days afterwards the lawyers
for the company appeared in court and
asked to have the judgment set
aside. They explained that the young
law clerk in the Office of the company
had forgotten about the case and that
the company had good defense. The
judge ordered the company to produce
its witnesses. so that Merritts lawyer
If the company showed that it had
a good defense then the judge would
set aside the default and submit the
case to jury. where both sides might
have their witnesses heard If the
company failed to show that it had
good defense the judge would or
der the judgment to stand. and Mer-
rift could then collect the $4,000
quickly.
On the day set for the inquiry into
the facts. an important witness. for
mer employee OF the company was not
brought to court by the company
Putting a Witness Out Of Reach
Nerritt's lawyer had secured a
written statement from the witness
showing the company's negligence II
called to court. the witness would have
told the Judge that the man who pulled
the levers on the crane and cut on
Nerritt'S arm was an Incompetent
man. that he was an ignorant work
man. chosen from the common labor
ing gang only short time before the
accident and that the witness. who
was an expert crane man had notified
fore the accident that the man was in
competent arsl careless
This witness was taken out Of the
state by Mr.. Brown the day before the
haSrsr~ arss n. v-0~ rass3 <Sl for his
time in keeping away from court
As the hearing was not an actual
trial. Merritt was not allowed TO test
fy or produce Witnesses and he found
that the law does not favor defaults
The Judgment was set aside, but
only on conditions that were quite
favorable to Merritt The Judge di
rec1ed that the company pay Merritt
$1ce AT once. that he be given leave tl
sue for $500 instead of $1,000. and
that the company should not remove
the case TO the Federal court In OF
der TO escape the payment of the
Judgment for $4,000 the company &C
cepted these conditions
And MerFa1 leit nali7giao over tns
decision He might be defeated and
get nothing for his arm, but his figh
was now worth while He had secured
a chance of collecting $500 from the
harvester company for the loss of hi:
arm
| The suit came on for trial March 1.
and lasted until March - The de
PENDANT corporation contested the cas-,
bitterly and called over fifty witnesses
The verdict was in favor of the in
jured man for the full amount h
asked. $..Soo-
But Merritt is far from having tn
$500 in his pocket for verdict of ;
jury is far from conclusive 1t is Iii
tie more than the first skirmiSh in tn