The Conductor, the Turntable, and the Judge Who Said 'Somebody Has to Pay'

The Madison Street Cable Railway Company will not have to pay damages to Patrick Brevort for injuries sustained in a collision at the company's turntable last January. Judge Humes granted the motion yesterday on the ground that the evidence was not sufficient to establish the allegations made by the plaintiff.

The grounds on which the motion for a nonsuit was made were in substance that Brevort, who was a conductor, knew it was about time for a car to come down the hill and over the turntable, and in attempting the performance of his duties admitted on the stand that the tracks were slippery on the morning of the accident; that the testimony of all the witnesses for the plaintiff showed that to be a fact, and that Brevort had no right to be where he was when the track was in that condition.

Counsel for plaintiff, in opposing the motion, took the ground that the company was negligent in employing so reckless a gripman as Koester, who was in charge of the car that ran into Brevort. Counsel claimed that Koester had violated his orders on several occasions, and was not the man to have in so important a position.

Judge Humes, in deciding the case, said that there certainly had been evidence introduced to show that Koester had been negligent at times, but gripmen, like all mankind, have their faults. He did not think that his acts had been such that the company should discharge him, and said that while everybody sympathizes with the man who is unfortunate enough to get injured, some one had to pay for it, and he did not think the evidence introduced warranted a verdict against the company, and for that reason granted the motion.

The decision was an unexpected blow to Brevort, but he took it philosophically, and will probably appeal to the supreme court for a new trial. The action was for $5,000.