New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-20
Jury UPSETS THE COURT
Its Verdict Confuses Justice
Brady and Arguing Lawyers.
WAS AGAINST STANDARD OIL
Held That Company Must Pay for
Child's Death, Though Servant
Who Caused It Was Guiltless.

4 Jury I'm the Supreme Court brought in
verdict asst evening that caused a mix
I'D which was not unravelled after Justice
Brady and three lawyers had argued over
if for half an hour. with the aid. finally.
Of ar explanation from the foreman Of the
jury.
The case was that OF Isadore Francone.
IS administrator for his daughter. Amelia
Francone, who was run over and killed by
an automobile on July :. 1909 i'm The
Bronx. against tho Standard Oh COMPANY.
which owned the automobile. and william
Beekman Louderbach. an agent Of the com
pany. who was driving II at the time ~
the accident The plaintiff asked g.. 600
damages.
To begin with. there was some difficulty
in obtaining the twelve iuryInen last
Thursday because on the following dsy the
term Of The men i'm the panel was TO expire.
and II was left 70 their option whether they
cared 10 serve on a jury that would take
them over their time until yesterday.
Many Of the talesmen took advantage Of
the loophoe to ne excused from the case.
The jury was completed late on Thursday
afternoon and the trial opened that dav.
II went on all dav Friday and until 4.30
o'clock YESTERDAY when the jury went out
to deliberate
The defendants were represented by in
5ividual counsel Both tried to show that
the child, who was five years old, had CON
uibuted 10 her death by her own negli-
gence by running in front Of the moving
automobile After the jury had been out
half al hour it came into court and re-
ported a verdict for $500 against the
Standard Oil Company. but failed 10 men
ton anything about the defendant Lou
derbaCh Then began A three cornered
argument between counsel i'm which the
court also took part
Counsel for tho Standard OIL Company
moved to set aside the verdict on the
ground that It was founded on passion and
prejudice against his client and also be-
cause # was against the evidence and
against the law. Justice Brady was in
Clined 70 grant the motion He asked the
awyer for the plaintiff what he had 10 say
IN opposition. and he had MANY things 70
say as 10 why the verdict should be per
mitted 10 stand He said The verdict was
given in accordance with tho charge of
Justice BRADY
Counsel for Francone argued that the
verdict 10 permitted 10 stand. or that the
case be sent 10 the Appellate Division on
the exceptions made Then spoke up coun.
sci for LOuderbach He wanted the court
20 dismiss the case against his client. or
have the verdict stand as against the
Standard OIL Companv He stouty oh
iected 10 the suggestion ~ counsel for the
plaintiff that the jury be sent back for
further deliberation. because ne said that
would be placing his client in jeopardy for
4 second time in the same case
Justice Brady argued that ne thought
the verdict should be set aside. AS it prac-
ticalv found that the servant. Louder
bach. was not negligent and vet mulcted
his employer. the Standard oil Company
for $500 for something which il had been
alleged that the servant did. And so the
argument waged back and forth for thirty
minutes the insistent LAWYER for the plain
tiff winning a point 10y obtaining the per
mission of the court 10 submit brief 10
show that the verdict would hold I'm law
He said that he would submit authorities
on the point
In the meantime the foreman Of the jury
and Juryman No. We're trying 10 get
in p word. Finally. the foreman. taMnE
advantage OF q compare lively quiet mo
ment. rose and told Justice Brady that tho
Jury had found verdict in accordance
with his charge that IL might hold either
of the defendants individually liable. JUS
tice Brady said that he did not mean that
thu Standard oil Company could be- held
liable without LOuderbach being liable
Justice Brandy thanked the jury. so did
counsel for Louderbach. who added ~
seem 10 he the only one here who is en-
tirely satisfied
I. crit az
Brady ended the argument In which new
points We're constantly being injected