The Captain's Last Step on a Dark Anacortes Wharf
A wrongful-death suit against the Oregon Improvement Company turns on an unlit slip, a fatal fall, and whether the wharf was dangerously built.
The damage suit against the Oregon Improvement Company for the death of Capt. George D. Hill was on trial before Judge Hanford all day yesterday and was continued this morning at 9 o'clock.
The evidence showed that at 7:30 on the evening of December 4, 1894, Capt. Hill went down to the Oregon Improvement Company's wharf at Anacortes to board the steamer Eastern Oregon for this city. The night was dark and rainy, and there was no light on the slip. Hill was about forty feet from the end of the slip when he either tripped or accidentally slipped into the water, falling from a few feet above the water's edge to the top of the dock. He struck on his left side and broke three ribs just above the heart, causing instant death from concussion of the heart.
The first witness for the plaintiff, Dr. Maguire, testified that he had examined the body and found three ribs just above the heart fractured, causing immediate death from concussion of the heart. The next witnesses were Capt. Pennell, D. F. Wheeler, Robert Fraser and Herbert, all of Anacortes, who testified that on the night of December 4 it was dark and rainy at Anacortes; that there was no light on the Oregon Improvement Company's wharf; that the company ran the wharf in connection with its steamboat business; and that the slip as situated was dangerous on a dark night.
Mrs. Pritchard, sister of Capt. Hill, was then called. She testified that the captain was a retired officer of the army and was on the pay roll at $100 a month as such; that he was very considerate in his treatment of his wife and children; that he was very liberal in expenditures; and that at the time of his death it was supposed he was worth a large amount of money, consisting of real estate in various counties of the state. But since his death his family had been informed that the estate was insolvent; that the money they had received since his death for their support had been inadequate; and that they had been required to endure hardships and privations.
The children, Eliza, Maud, Ellen K., Eugene C., Harry and George Edward, all testified that their father, when alive, was very kind and indulgent, and that his death was a terrible shock to them.
The defendant introduced as its first witness T. H. Gann, Jr., who testified that he had been employed in the steamboat business and was on the Eastern Oregon on the night of the accident. He saw no light on the wharf, but saw Capt. Hill walking down the slip toward the water, and before he reached the end he slipped and fell on his left side and then bounded into the water head first. It took Hill from one-half to one minute to walk down the slip before he fell. On cross-examination the plaintiff's attorney took out his watch and asked the witness to indicate the actual time consumed by Capt. Hill in walking down the slip, and to count the time as nearly as possible. The witness walked from the witness chair to the end of the room, about fifty feet, and stated that the time consumed and the distance were about the same as in Capt. Hill's fatal walk. When the witness called he had just consumed 15 seconds.
The next witness for the defendant was Lew Johnson, second mate of the Eastern Oregon. He said he heard some one call out 'man overboard,' but could not see any one. He testified that he saw Hill walk down the slip, but did not see him fall into the water.
The first officer of the Eastern Oregon testified that when about forty or fifty feet from the wharf he saw Capt. Hill go down the slip, but did not see him again until he was in the water. He said the night was dark and he thought there was a lamp on the wharf.
John Huntoon, bookkeeper for J. F. McNaught, testified that he knew Capt. Hill and that he saw him on the night of the accident in the door of Capt. Taylor's hotel at Anacortes, and that Hill was under the influence of liquor. On cross-examination he stated that he was about 200 feet away from him when he saw him.
B. F. Bush testified as to the construction of the wharf, and the defense rested its case. The attorney for the plaintiff said he had several more witnesses to introduce in rebuttal, and the case went over until 10 o'clock this morning.
“The night was dark and rainy at Anacortes, and there was no light on the Oregon Improvement Company's wharf.”
A private company's unlit wharf, a fatal fall, and a courtroom fight over liability make this an early waterfront-safety case. The arguments over who maintained the dock and who bore the loss still echo in modern debates about private infrastructure open to the public.
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