New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-11
DAMAGES roR RNLRoID INJURIES.

TIE RULE AS APPLIED TO PROFESSIONAL MEN.
Dr. William G.. Brcci OF Springfield, Mass.
sued the Connecticut River Railroad Company to recover
$1,000 damages for injuries sustained whc travelling on
that the 18Th OF June, $780, and the case was Fleu
Last week before the Hon. James Colt OF the supreme
Court and jury, the Court sitting ~ Springfield. on
tie day which the injury was received tie p~lntni
purchased 1T Springfield Ticket TO Greenfield and re-
turn, aud took the first or smOdhgcar 81 the
afternoon train. Near NORTHAMPTON ihe train oolgd
with freight train that had been lct stlEluS on the
track. DR.. Brcck thrown over the arm OF SCAT
striking his back near the base of the spine with great
force. He walked ungidrG tn carl1go and was driven
10 hotel in northampton. lie was there attended b.
DIS Daniel and Austin Thompson. DR.. dc Nof and Other
physiciaus and found TO b. sU lac from shock and
conclusion, aud his abdomen also found to be swo
lem He returned to Springfield that nj glt. and not until
30 hours The accident dih reac on take place oI ~
he rOtiing, for nrae weeks lac Wa cphhcU 10
his room, ana H. ucfIly three months before hc re-
S"riie9 cog;i"n aud in fact has never recovered h5
health Or been able 20 transact more Than Onc-hr the
| mcnt OF facts the plaintiffs claim founded To
prove the extent and severity Of the dOotors injuries
Clark and Willard PGrcr OF this city Horny g. CLARK Of
Boston, Austin MOnp,On of NDrthanron, c. C. Chthoe
aud David r. Smith 81 Sprin 2iied, and james Holland
OF WcstEcid Mass. The deposition Of II ery J. lig"lpw
OF Eoston wa also read they rl testified Substantially
that Dr. rac was suffering from ganc of the
spine causing loss OF power in tie limbs and partial
concurcd in The opinion that tie injuries Of per
mauert nature, and that they would ncaPacitdte him
from doing more than oAe-iiri Or Ohc-iulI rs inGth
business he had formerly done. DIR. Ch9ugc and sew
eral ayiuen testified that thc paiii possessed powers
OF endurance previous 10 the a'cucht DryOhu tat Oh
almost other man. In ORDER to determine NE amount
of the pccuiiaIy damages sustained, jude Colt ruled
that the Jury might consider tue plaiAtIs c'p&.tj
both intellectually ana ply sicaly at Tue ilme te injury
occurred and The dnuton in that capacity Occasioncd
by the injury, ana tdt lhty Neie NOT 20 ,tle lo con.
sidcraiion what was mere matter 81 speculation ~ 70
was engaged. Under this ruling Dr. Lrceh s.ir that
for the gs - years previous 10 the "'Cueht lie ha at
tended rom 90 10 100 cases Of confinement annui.ly
that ho was almost daily in the LNbt Q! performing some
operation in surgery, aud amputatcd from u to 20 limbs
Nat Inc had been by the bedside OF SICK persons for thIec
ana olr days constantly w.out ptrala Of sleep, and
fcsaon from 10 Is hours dly oat Oi every a; was
nearly every dag called in consultation with other ply
scia5 ana that he had performed every Operation COM
TbS license which was controlled by Dauiel j. Harris
President Of the Railroad, admitted in their answer that
they were Il corporation, and denied everything else
GGSr he NAL c0inncncc tlcv admitted that they were
a railroad corporation, liable ~ common carriers an
that the accident did occur but denied that the plain III
was Injured, and claimed that ho fegnius his in
res 10 p,Ovc that he We not Injured they Produced
two witnesses who riding in the with him. aud
who testified that ne oil not get out OF ms seat ana was
NOT thrown down by the collision that the collision
a very mild one scarcely any shock being experienced
On xaminaOn these witnesses made such contra
| dcOTy statements as 10 destroy what LILLE value
attached TO tlcr direct testimony, one Of them not
being able to remember how ne hal answered an mn
pOrtant question asked five minutes previous ana tAc
| other cOutradicting tie hrt IN several l"-lcd
| lars Testimony was next introduced 10 prove thaJ
| tine train was not running faster tlah 'nrec
but The force OF the testimony
what weakened by the admission OF he Witnesses tat
| was running ten miles an hour when the engineer
/ jumped off, and he was proved TO have jumped when
within 80 feet the point OF collision thus asking the
ry to /. cye that the speed reduced from ten 20
three miles hour in running so feet To prove tuat
the paint!h WAS icisiilB MS inquiries hSlSipo hale
Tlcott was called - the stand and sWOrc that he watched
the plaintiff almost daily for long time from distance Of
| 20 rods through thick grove, and was sometimes
sisted in his watching by another ncignbor who had since
committed suicide; that when both were watching him
carriage always put his hand upon his hip when only
ness and got out OF hi, carriage without difficulty On
examination he admitted that he entcr in.d hard
4i.or lel any toward him. brakeman testified that
| he had been taken OH his tram by tAe Pies
! lad watched the plaintiff over month obtaining 50
distinct views" OF him; that always the main street
sight, the plaintiff got out o. his carriage with difficulty,
and placed lis hand upon big rgat hip IN waik.ng tAd
side streets. when visiting patients he 90 and
out Of his carriage With ease, aud walked without din
watched the plaintiff, testified was the natural way of
walking The next point taken was that tho plaintiff
had been drunk since the accident and in yrtnt drunk
ton provided he had been Injured AT All ana tlerolv
helped 70 delay his recovery. To prove drunkenness
they introduced one Fail s, CLERK OF the United states
Hotel. Boston, who sw0re that, SATURDAY evening the
18th day OF August last the plaintiff was drunk at hat
hotel and that he dhe ccr got Conductor Jennings of
tie Boston aud Albany Railroad 10 take him To the depot
and put Lin board tho cars iOr Springfield lie also
testified that the plaintiff was at the hotel Wenes-
day. the 10th OF August Three respectable citizens OF
Springfield next called ana tcs ci that they saw
tie plaintiff in company with Arthur G. Bcams, >ctlen
OF springfield riding around TIE streets Of that city
drunk, In August last. The company then
called ox -SurgoOn-Gcncra Hammond AND Or. Austin
Flint OF this city, both Of whom testified that they had
examined the plaintiff thoroughly and carefully last
Spring, AT the request OF Daniel L. Harris. President of
the defendant railroad, and that they, Lad found linn
suffering from severe internal injury; that The acct
dent that he testified to have received sufficient 10
account for all the symptoms he cNhnittd that II WAS
impossible for him to feign the injury 10 walk lame
as he did; that they struck with the exceeding
fairness with which he had stated his case 10 them el
ing them several ncs which he must have known were
ud lauageOs FOR hin 10 con cal IL hc fleming al,
injuries or tOuuyiug az bringing unf0undsI claim
against the company. They further testified that The
oil iiVuT since the accident would have been VsI.
luuIi, uJs 90, part OF tLn plaintiff and. n it.t t.
only point which they uid not aGrce with inc pI,
| :. -.-.-.