The Portland daily press., 1879-11-27
Superior Court.

BEFORE JUDGE BoNNEf
WEDNEsDAY.-G. D. Is. Witham City of Port
land. Action to recover damages laid at 10000
for personal injuries alleged have been sustained
by reason of a defect in the sidewalk Milk street
in this city on the 18th of November, S7S. The
alleged defect consisted in small opening in the
brick sidewalk next to Stanton block about Ga
inches wide, 1874 inches only of which within
the limits of the street, "a inches deep and four
feet in length The sidewalk was constructed after
the erection of the block, and the grade coming
above the bottom of window. this opening left
for the purpose of Uniting light, and no grating
was put over it, The plaintiff, about o'clock in
the morning, passed through this street to the
market made purchase and was on his way back
to his store on Co mercia street. When near this
place he met two gentlemen whose attention was
attracted by something the opposite side of the
street, and did not him. He stepped to his right
quickly to avoid them, and in doing stepped into
this hole. He did not fall, and does not remember
whether he went so far down to touch his hands
not but he claims that the jar and the effort to
recover himself gave him severe wrench and
shock He proceeded to his store, but before arriv
ing there he bled from the mouth and after arriving
at the store the hemorrhage continued He was
taken home a physician called, and for 40 days he
WAS not out of his bed able to sit up. The pain
was in his back and head. He soon after complained
of muminess, loss of sensation, except about and
over the spine, which was extremely sensitive. Du-
ring portion of the time he was del rlous. lie au-
mis that he l. now somewhat improved IN health,
but is Obliged to use crutches, that he cannot bear
more than one-alf of his weight upon his feet with.
out support that he has lost all or nearly all sens
ton of feeling in the skin from the top OF his head
to the soes OF his feet that although he can move
his limbs about he cannot tell unless he looks at
them whether or not they are moving in the right
direction that if object is placed i'll his hand he
knows that something is there, but is not able to
III SI,at1a sig pf a ne
dent he was in the wholesale grocery business on
Fore street, doing business, as he says, OF five
or six thousand dollars month that i'll consequence
of the injury he was obliged to give up that bust
ness. He admits that prior TO this accident within
four or five years he has had three attacks of hem
orrh ge he thinks from the stomach. brought on BY
lifting and straining. He claims that he does not
feel the pucture OIL needle any where upon his
head body or limbs and that when the hot iron
applied to his spine it gave him pan that he did
feel the action of the galvanic battery when II
applied during one OF the examinations (which
he was subjected.
ON the part of the defense it was claimed that the
condition the sidewalk did not constitute defect
within the meaning OF the statute, and II IL dd the
city had of it, that the plaintiff was not IN
the exercise of ordinary care at the time, and that
his injuries if any were received at that time have
been grossly exaggerated that the symptoms con-
dition of which he complains are feigne Upon
this point large amount of testimony was intro
duced. There was evidence tending to show that
during his sickness last January he seen by his
boarding mistress out of bed upon his feet at the
mantepiece and to walk distance of some feet to
the bed without assistance. ms the palntlU ue-
MED Later in the spring witness across the street
saw him ON his feet at the window, 1t was charged
on the part of the plaintiff that the person seen
must have been his brother who was sitting up with
him at the time. Defendants also called a witness
who testified to seeing him this last fall grooming
his horse and at another time oiling his wagon,
while he witness, was passing by the sable. This
the plaintiff denied. The plaintiff admits that he
is able to drive his horse, shave himself and comb
his hair.
The defense called a number of medical experts,
some of whom have xamined the plaintiff two or
plaintiff was feignng this loss of sensation in the
skin: that they could not conceive how it was pos
sible for a person to be in such condition and yet
be able do what the plaintiff admits he can do
and what he has been seen to do i'll the Court room
during the trial. that in their examinations of him
they found no Elective symptom OF organic disease
of the spin Some of them thought he might have
developed what is known by the profession as hys
terica spine. On the other hand his attending ply
scian Dr. Hutchinson, and DR.. Buzzell testified
that although they could not say absolutely yet in
their opinion, Mr. Witham is afflicted with strur-
tural disease of the spine, and although he may i'll
describing the pain which he suffered have eXagger
a ed yet his symptoms are not feigned.
The case has been most thoroughly prepared and
ably Conducted upon both sides, and notable fea-
ture was the few objections made and little time oc
cupied in discussing the admissibility of evidence
The Jury after being out four hours returned
verdict for the plaintiff for c65UU. Counsel for
abe defendant Immediately gave notice that he
should Tile exceptions and motion for new trial.
Bradburys for plaintiff.
Hale, City Solicitor