The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-10-27

IuEsDAY.-John d. Buzzel VS.. G. T. Rail
way Company.
ms case has attracted considerable atten-
uon, and is one of the most important cases
growing out of collision with railway cars that
has ever been tried in this State At the Oc-
tober term, 1862 the jury gave verdict for the
plaintiff for $4541 81, which the full Court sub
sequenty set aside on a motion therefor, as
against law and evidence. The facts in brief
are these: The plaintiff, physician, residing
and doing business at Cape Elizabeth, within
three miles of the Court House, in this city,
on the 18th of August, 1866, went from Sweet
sir's apthecary shop on Market Square, down
through Maple street to Commercial street,
through the entire length of which the defend
ant company have track aud run passenger
and freight cars at certain times during the
day and night, to accommodate another rail-
road company. From Maple street, the plain
tiff then 6S years old and weighing 276 pounds,
rode along the north side of the track towards
the Grand Trunk depot, in a rockaway drawn
by horse twenty years old, and turned to
cross at a regular crossing 60 feet easterly of
Bradfords spar shop. The horse trotting
along Com mercial street, subsidized into walk
the track. When the car was perceived, he
quickened his pace and cleared himself from
the track just as the cars struck the carria e
cutting it clear from the horse and pushing it
along the line of the track several rods. The
plaintiff was pitched out of the carriage, his
foot caught, and he dragged along on the south
rail OF the track until pile of timber caught
the remains of the carriage and cleared it and
the plalntlH from their connection with the
car. On being taken up it was found that
though the Doctors carriage was broken to
fragments, every spoke of every wheel being
broken and only single cushion saved from
the wreck, the Doctor mysteriously came out
not only alive but not bone in his body brok-
en- or dslocated, and he retained his faculties
and presence of mind sufficiently to perform
upon his own arm with a lance, the operation
of blood letting. But his joints, though not
pulled from their sockets, were much strained
and spread apart, his back and hips bruised,
and occasioned months of confinement and
suffering by reason Of which he has been oblig-
ed to abandon the practice of his profession.
These are the facts as stated by the plaintiff,
and admitted or not seriously contested by the
defendants.
The plaintiff further says that he drove with
care, was acquainted with the street, knew the
cars were accustomed to pass there and that
train had crossed or was expected to cross
about that time; that he was on the look out
for it; that he was looking, listening and
watching, but heard no bell, whistle or alarm,
and saw no. cars, and that as he turned to cross
his horse subsidized into a walk, and turned
probably about fifteen feet from the rail to go
over in an oblique direction; that while his
horse was walking across, a man near by to
his right, halooed, which caused him to lean
forward and look out to the right; that he saw
nothing in that direction, when he turned to
the left, by which time the cars were close upon
him; that he slapped the reins upon the horses
back, causing him to move quickly forward,
but not with sufficient speed to prevent the
collision. At the point of collision there is a
curve in the line of the track concave on the
water side and convex on the north side, where
the plaintiff was before he attempted to cross
Large piles of Lumber on account of the wants
of the then re cent great fire were piled high
between the crossings on the south side of the
track, and the plaintiff thinks some also on
the north side; of which latter, however, he is
not certain, On account of the curve in the
track, if the streets were clear, the cars could
not be seen from the point of collision to the
depot; the line of vision was broken at some
distance from there, and the piles of lumber on
the concave side of the track would tend also
to lessen the distance at which cars could be
seen. What that distance was, was not made
perfectly certain, from not knowing to a GER.
tainty the position and height of the piles OF
lumber, and each party was free to argue, the
one that the cars could not be seen by the
plaintiff in season to be avoided, that he
"looked, listened and Natched," and attempted
to cross, not seeing them; and the other, that if
he had eyes and used them he could not help
seeing them in season.
The defendants introduced the various en-
ployees of the road connected with the train,
three brakemen and the fireman, who testified
what their duties were and also that they faith
fully performed them-giving the signals and
breaking up the train as soon as possible after
perceiving the defendant attempting to cross,
but too late to prevent the collision. Defend
ants counsel contended that the city of Port
land, under the authority of the State, had
prescribed rules for their running on CONNER
cial street, which they had in all respects con-
formed to; that the loss of the plaintiff was
damnuna absQus iajuria, and must fall where
it happened.
The case was argued with great ability, in
the characteristic style of counsel calmly, dis
passionately and persuasively by one counsel,
and with great energy, force and eloquence in
style and manner by the other.
We give line or two from the extended
notes of long arguments.
Mr. Bradbury commenced by reminding the
jury, that they had heard in the course of the
trial that the cause had been tried once before
that perhaps they might have known the same
thing through the newspapers; that the verdict
in the other trial should have no operation in
this. He warned them against appeals to theil
sympathies in behalf of the plaintiff, or theil
prejudice against corporations; that the argu
ment of the plaintiffs counsel at the former
trial, which he was too ingenious to set out in
terms, when logically stated was the plaintiff
is in moderate circumstances, the defendant is
rich corporation, therefore the plaintiff is en-
titled to your verdict. He said that some O
the jury knew what the stock in that road wa.
worth; that this Grand Trunk corporation wa
very useful corporation to the city of Port
land; that Portland had the life breathed int
it when the iron horse came down from tn
north, under what his brother would term tn
power of British capital, in part. The coun
try is full of corporations; the State is corpo
ration; a county is corporation; city is
corporation. You have banking corporations
insurance companies; the water that supple
your city and the gas that lights your street
and dwellings are supplied by corporations
Alter examining the cause at length he close
by exhorting the jury to administer the LAY
and do Justice between these parties, the sam
as if this cause was between two citizens, an
no corporation concerned in it. $3.50 ...
The plaintiffs counsel, taking warning frol
the characterization of his logic, made MOI
careful and subdued commencement than l
his argument year ago, the first sentence
which was follows:
An old man who has now arrived at tn
scrlptural age ofthree score years and ten come
before You in this case, asking redress for injr
RES inflicted upon him, as he says, by tn
Irand Trunk Railway Co. of Canada, corpol
alton that is planted in your midst, for 1 ma
say an indefinite number of years. and WELD
ing powers that are incident IN fortu million
Of its own capital superadded to the million
contributed by the citizens Of this State q On,
poration endowed with great and ertraord;n.
ry privileges, ETC." That he said wear 900
In his argument to-day he charges unon II
dafan6ant'9 al fl,a fnic