The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-04-20
Supreme Judicial Court.

BEFORE JUDGE BARROWS.
THuRsDAY.-The second trial of the case brought
by Dwight q. Parker against the Portland Publish
ing Company, to recover compensation for injuries
received in falling down the eeyator-way in Prin-
ter's Exchange, September II, 1875, came on in the
Supreme Court this morning.
The jury disagreed at the former trial and it is I'M
derstood they stood eight for acquta and four for
conviction.
The second trial is before Judge Barrows and the
dd damnum S25,OOO The following is the jury:
VIM. Moulton, foreman; Morris Huston, Alfred Ev-
ans, Daniel Quimby. George s. Berry SetK L. Has
kell, Thomas C. Coombs, VIM. True, Jesse C. Snow,
Peter Elder, Joseph M. Sanborn, and Jedediah Mar
riner.
e. C. Jordan testified to making measurements of
the eevatorway and its surroundings; the depth Of
theelevator-way from hallway is % feet and 10
inches.
The plaintiffs account of the accident is substan-
TALLY as follows: had been at work all day in fit
ting up my eating house on Congress street, prepar
ing to open for custom the following day; entered
the building leased by defendants; went to the Ar
gus rooms up two flights; there left with Higgins
notice, which he wrote for me, that was to open
my saloon the next night to be inserted in the Argus
the next morning; then retraced my steps down
one flight, intending to leave similar notice in the
Press editorial room; the hall was dark after 1
passed the light on the Argus stairway; having
previously been informed that the night office of the
Press at the right of the head of the stairs lead
ing up from Exchange street, walked along through
the corridor past the head of the Exchange street
stars as as got past the head of those stairs
it all dark, could not see any door light
In front of me; turned around to the left and saw
light shining through door which I supposed must
be the Press Office door; stepped my right foot for
ward and fell to the ground striking my chest on the
lower floor on my way down; became unconscious;
on regaining consciousness hallooed; some one re-
piled to me, but did not come; the first persons 1
saw were policemen. who procured hack and took
me home; was unable to move my body excepting
my hand and shoulder slightly; there was small
bunch on my backbone; my legs were paralyzed;
Twas confined to my bed some eighty days; have
more use of my legs now than then; have no feel
ing in my feet.
Officers Very and Garland testified to assisting
plaintiff out of the cellar to his home, and to his
groaning when being moved.
Mrs. Parker, wife of plaintiff, and Mrs Brickett,
her mother, testified to the plaintiff being brought
to the house. to his apparent pain, to derium set
ting in the next morning, which lasted some eighteen
days, to his being unable to move his head for
eighty days.
DR.. Gordon testified to making an examination of
plaintiff about week before last January term of
this COURT became satisfied that there was loss of
sensation in the legs below the knees especially;
that he has limited motion of the legs; to paray-
sis Of bladder and rectum- 1 know nothing except
from him and his attending physician; / have no
doubt that there is total paralysis of the bladder;
think there is not total paralysis Of rectum think
that the bladder will never be any better; that the
Iectum will be better; that possibly the legs may be
better.
oss-Eramiaed-Th predisposing cause ftrau-
matte deirium is in large majority of cases the
abuse ofintoxicating liquors. Derum tremens is
not easily distinguished from nervous delrium.
Re Direct-In persons who never use intoxicating
liquors, when injured. we very frequently find de-
lirum that very closely resembles derium tremens.
E. r. Morse, foreman in Advertiser office, testified
that he accustomed to going to Press office pre-
yious to and in the vicinity of the accident, for the
purpose of exchanging matter with them, and that
the hallway usually SO dark it was difficult to
find the door; that he himself came near falling
down the same elevator-way in 1873.