Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1913-03-25
SEEKS DAMAGES
FOR DEATH AFTER
STEP COLLAPSE


Before Chief Justice Pennewill and
Judge Boyce. in Superior Court today,
the case of Annie Fulmele VS.. John
Forrest was called for trial William
5. Hilles represents the plaintiff and
Malloy and Brady appear for the de-
PENDANT. The case is a peculiar one
from the fact that Forrest was the
landlord of the plaintiffs husband.
Complaint was made to the landlord
concerning a back stairs leading from
back porch. After many complaints
men were sent to repair the stairs but
it is alleged the repairs were negli-
gently done. A month later, when
Andrew j. Fulmele was going down
the steps, they gave way, and he was
thrown to the ground and received
injuries. He died later. The widow
now seeks damages for her husbands
death.
DR.. John Stainard testified that he
attended Fulmele, whose kidneys We're
ruptured The physician said Full
meles death was caused by peritonits
as result OF a fall.
William c. Conway said he had
known Fulmele for six years as a
foreman of the dye house Of the
American Leather Company Witness
said he was an Industrious and
competent man.
The next witness was Annie Full
mele, the plaintiff, who testified to
renting the house from John Forrest
/ They had lived in the house two years
before the accident occurred.
The steps that broke were in the
rear of the house leading from the
back door to the yard below. Under
the steps was brick pavement. Wit
ness believed the steps were danger
Gus, and asked to have them repaired.
/ Philip Forrest and another man then
came to fix the steps.
Fix. them so no one will break
their neck, she said to them.
We're not going to build a whole
new porch" she said one of them re-
piled
The steps, she thought. were badly
repaired
Witness admitted her husband had
been drinking when he came home
the day the steps fell He laid on
couch and slept the whole after
noon. When he fell she believed he
was sober. She did not see the ac-
cident but heard one of her children
cry out Witness went out and saw
her husband lying on the bricks. The
third step was broken.
One of the uprights of the steps,
upon which the steps were nailed,
was offered In evidence by Mr.. Hilles,
and Identified by the witness The
broken step was also offered in evil
dence. Both step and upright were
greatly rotted and in very bad condi-
ton. The upright was ABOUT ten feet
long.
After the fall, Mrs Fulmele said her
husband was unable TO get up Two
neighbors carried him into the house.
and he was in agony from pains in the
back
The accident occurred on October
20, 1910
Viola Fulmele, a daughter of the
deceased, testified she was standing
on the back porch when her father
came out. He spoke 10 her, and
started down the steps, walking
naturally, when the step broke She
then called her mother. Witness cor
roborated her mothers testimony. She
did not believe her father was in
toxicated when he fell
John Forrest the defendant. stated
that he was in Scotland at the time OF
the accident and did not return until
August. His daughter. Mary G. Walsh,
Gattended to his business for him.
Mrs Walsh testified to getting the
complaint about the steps and having
the work done. She never saw the
steps after they were repaired.
Frank j. Hastings, the carpenter
who repaired the steps, testified he
was ordered to make temporary re-
pairs as It was the intention of Mrs.
Walsh to build new porch and outer
kitchen later He admitted he had
not examined the supports of the
steps very closely.
The case will go to the jury this af-
! ternoon