Bisbee daily review., 1910-07-27
FARMER LOSES
SUIT AGAINST
COPPER QUEEN
Jury Promptly Decides Against
Claim Brought on Account
of Plaintiff Coming in Con-
tact With Live Wire.
Especial to Review

TOMBSTONE July 26.-The ex-
IRENE ;promptness with which tn
jury returned a verdict in favor of
The Copper Queen Consolidated Min
ing company in the case brought
against it by A. f. Farmer, for al
legged damages of $4,000, Monday
night. will no doubt put a stop to
attempts to bring suits against the
mining company for alleged damages
when there is no ground for such
action.
The alleged damages sought 10 be
recovered resulted from the plaintiff
coming in contact with a live wire
while working in a drift in the Hol-
brook last September. He was stunned
by the shock and was taken to the
Copper Queen hospital. In a few days
was able to be about AS usual. and
showed no i'll effects from his ex-
perience.
There can be no doubt that he was
advised in his efforts to recover dam
ages by parties who expected TO bene-
fit thereby should the suit succeed.
The case. when it was called Mon
Gay took up the entire attention Of
the court, the jury being secured
within a short time and the witnesses
for the plaintiff put on the stand.
The testimony for the plaintiff went
to show that he had never been well
since the accident had fallen off in
weight and was suffering at all times
from the effects of his alleged in
juries. Some of the witnesses went
so far as to testify that prior to the
accident the plaintiff was a regular
athelete and capable of picking up a
man weighing rs pounds: with one
hand, and performing equal feats OF
strength, while at the present time
he is hardly able TO be about.
At the conclusion of the testimony
of the plaintiff a motion was made
by the attorneys for the defense TO
have the court instruct the jury to
bring in a verdict In favor OF the
defendant, on the ground that the
plaintiff had failed to show the de-
PENDENT guilty of any negligence. The
motion was argued at some length by
the attorneys on both sides, but the
court decided that it did not feel
warranted in taking the case from the
jury and denied the motion.
The defense then put on a number
of witnesses, and plainly showed that
the plaintiff had been fully warned OF
the danger of the wire by a number
standing this warning had made his
beast to some of them that he was
not afraid of il and could grasp IL
with both hands and not suffer from
any Ill effects. The evidence clearly
demonstrated that there was not the
slightest ground for the contention by
the plaintiff that the defendant was
negligent. The plaintiff himself on tbs
stand admitted that be had on severa
occasions come in contact with tbs
wire and had been partially knocked
down: that IN spite Of this he faileS
to use due caution while in the per
Torrance of his duties.
The testimony was concluded lat
in the afternoon, and the argumen
Of counsel started but was not com
pieted until late in the evening afte
adjournment had been taken unit
7.30: The case went to the jury abou
945 O'Clock and it was out but a few
moments when the verdict in fayo
OF the company was returned.
The prosecution of the case was con
Quoted by W. P. Miller and the intel
ests of the defendant looked after b,
Messrs. E. E. Ellinwood and Georg
Neale.
This case was the first action Of tn
kind for damages that had beel
brought against the Copper QQQueei
company in more than 30 years an
its conclusion shows beyond doub
that there was not the slightes
ground for its being brought