, 1870-12-13
BRIGN OLIs,RAILROAD RIDE.
Tho Even Tenor OF His Way Disturb.
ed-A fyF0ken KSAll-OIf the Track
-NxAly SS-0 900 H0tih of D1~locnte0
Shoulder. /.

From the yttc l1o,k Trnss. DE &
In the court OF Common Pleas, trial torn1,
part Il, before Judge Lsrretuoxe and jury,
yesterday, The case of DrigEoli Is. The Chi
cage Great E.steIn Railway Company was
the .efeLdart to recover the SUM OF 90, ,000 for
injuries and losees sustained by reason OF ao
accident on dcfen3eot'a railroad. 1t Was al
legged On plaintiffs behalf that while the
company TO Which tho piaintiG wAs attached.
travelling On The railroad OF defendent, Bud
~hen near tho town Of LugA:apost. Ind, tho
car in WINCH they Veso riding VIA thrown OF
the track and overturned ; that BY reason Of
tion Of tile shoulder aud other injuries tn,t
be Was thereby disabled for a considerable
time subsequently, and compelled to forfeit
epgsgenents covering period Of four weekt;
that he wAs compelled to e1pened about 200
for medical services, which. with tho losses
amounted TO S20, 0,00t]. For this amount he
IF eeks to recover Judgment. With 4 view OF
! showing Tho value Of 1hs plaintiTa time, it
wae proved By Maurice Strakosch that plain
tiHs share ct tho profits ter the week rrcced-
ing the accident was $4,000, and bis entire
| share for about three months up to that
time $4,000, In rep1y to tho question Is
| to what WAS the plaintiff 4 position in his Line
OF art, Ar. 6trakosch replied that he Has one
! Of the very few teuofa in tho world.
The plaintiff in his Own behalf testified to
the accident +: that he WAS brought on BY slow
| staEes 10 Cincinnati; that he remained there
for about week under the charge Of Surgeons
| Sauderson sud Dfackman; that IN about ten
days he reach New York, and was placed uu-
der the care Of Surgeon Caruochan, WHO dis-
covered that the paris we're still displaced !;
that Doctor Carnoch an reset the broken
bones and had the plaintiff under his care for
two months. until out Of danger, for which he
made charge Of S1,2O0. Plaintiff further
testified that hts professional earnings for the
so, 900.
Surgeon Carnochan testified to The nature
Of the accident, attendance and RESPONSIVENESS
At the conclusion Of the plaintiffs testl.
uaony the defendant mored for ; disnlissa!
Of the complaint on the ground that plsiutitl
had failed to abow tho corporate character Of
the defendant that he bad failed to show
that the accident was due to anJ defect in the
road or rolling stock, and that, without such
proof, tbs company not bsiug fusurers, he
could not recover. TLis motion wtE denied,
Judge I4Hemore holding, in conformity With
tho Law se laid down in several similar cases,
that where car runs oil the track it will be
ptekum ed that the accident is duo to como
defect, in the absence OF proof to the con-
tTaty.
Dcfeudauta read testimony taken on COM
nieelon. tending to show that the accident Has
the result of broken rait that such rail WAS
tfolen inmediately ii the sinae Of the &C 81
Gert, and ehowed no eigu Of any defect, aud
eo far "a could be discovered, tho road was in
good zunirg o1de1. In opposition to this,
testimony MAS oHeFed on the part Of plaintiff,
showing that the iron rail was Imperfect, aud
hxd been broken into several pjeces.
Judge Larrcm.re, in submitting the c&net
to the jury, charged that 1t the accident wls
the result Of cauhcs over which thu com.
pany had no power, they were not liablo; but
, on tho e.her ba1d. II tho aesident was mo-
. ! apparently tho result OF \ fecshat, or eame
, similar cause over which they had no control
{ ! it WAS prina facie evidence OF tho company
t,ibutiye negligence had b4en ehown on th,
, | plrt OF plairt'h. .....
The jury found in favor Of plsin:i1 toT =,
S33.33.