The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-12-05
MOTION IS FILED
IN BRIDGE CASE
Defendants Ask Judge Bank to
Instruct the Jury to
Return Yer
dict.
OTHER RULINGS MADE
Judge Decide. Wilson's Testimony to
the Dead Mans Brother is
Not Part of Res
Gestae.
OTHER RULINGS MADE

At the close OF the plaintiffs tes-
timony yesterday in the case of
-ipring, admir-, against the Keolluk
and Hamilton Bridge company. at
torneys for the defendant NOV ed the
judge to instruct the jury to return
a verdict for the defendant. The mo-
ton was based on the follow ng
grounds:
Because there is no evidence that
the deceased lost his life through any
negligence or negligent of the deferc
ant; because there is no evidence that
any emergency arose by Reason OF
the negligent acts of the defendant
through which the dec sased lost his
life; because the evidence shows
cid sntally falling into the river; be-
cause the evidence shows that the se-
ceased lost his life by reason of his
own negligence or contributo-y negli-
gsnce of himself and his co-em2loyee
engaged at the time in common ser1ice
of the defendant; because If any
emergency arose, it arose out of the
negligent acts of the declared and
his co-employee and not through the
neglig snce of the defendant; because
there is no evidence that the decee sei
was exercising ordinary care and free
from negligence at the time OF the ac-
cident; because the evidence shows
that the risks incident to the employ
ment in which the deceased was en-
gagged, If any, were opsn and obvious,
that the deceased knew of such con-
ditions and made no complaint there
Of, and thereby assumed all risks, If
any, incident to his employment, and
defendant. therefore, is not liable for
the dsath of the deceased.
The questions raised in this motion
being purely questions of law for the
court to determine, the jury was ex-
l.ctsed until p. M. today. AT. the
opening of court this morning the at
torneys began their arguments on the
motion.
Make Another Effort
After Judge Bank Yesterday had
sustained the objections of the de-
| PENDANT to the proceedings had before
the coroner the taking of further tes-
timony on thu part of the defendant
was resumed Joseph O'Blenness, a
brother of the deceased, ]. w. O'Blen-
ness was called and stated that he
had gone to the bridge at five o'clock
of the morning of the accident, which
occurred at enc o'clock, and had a
conversation with James L. Wilson
the engineer of the bridge who was
the only other person present at the
time of the accident When asked to
4 give the conversation, which the wit
ness testified detailed tbs circum
stances of the death Of ]. w. O'B'en.
ness, the counsel for the def ndsnt
! obj :cted as incompetent, immateria1
and irrelevant. and not part of the
res gestae. During the argument II
was disclosed that the res sestae are
the circumstances, flcts and dec ara
tons which grow out Of a main fact
and are contemporaneous with It and
serve to illustrate its character.
Sentiment Forgotten
i Judge Bank held that the convsrsa
ton sought to be elected was not con
! tem'Ioraneous with the drowning OIL
/ O'Blenness and therefore not part o.
4 the r5s gestae, and that sufficient
A time had elapsed to make the con
versation simply a narrative Of past
transaction, which the Judge said was
according to the most elementary
principles of law Clearly inadmissible
In making this ruling Judge Bank re
marked that judges were often com
4 PEELED to make rulings which If pure
4 ly sentimental reasons wsre allowed
to govern they would not make. ant
stated that no question of sentiment
4 or personal inclination could be al
lowed to enter into judicia1 d,cisiias
The plaintiff then closed his testi
mony by introducing the Americ ar
| mortality tables showing at the age
of 81 years the expectancy of a MAJ!
life was 2935 years.
At the close of the plaintiffs sti
mony the defendant moved the cour
to instruct the jury to return a yer
dict for the defendant.
judge Hughes finish ID his argu
ment fer directed verdict this noon
The attorneys for the plaintiff wer'
to be heard this afternoon The jur
not in the cass has been excused un
til 8 O'Clock Tuesday.