The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-04-15
THE WORTHEN SUIT.
Particulars of Remarkable Trial.

The case of Charles FL. Worthen against the
suited in verdict of $4,000 Tuesday after
noon in Boston for the plaintiff and published
in our Geographic columns yesterday, was in
many respects remarkable trial. The plain
tiff in 1876 was q salesman in the employ of
Field, Letter & Co. of Chicago, and the firm
so appreciated his business qualities that in the
fall of that year he was to have been admitted
as partner in the concern. On the ODD of Ju-
ly, 1876, Mr.. Worthen left his home in New
Hampshire for Chicago, and while travelling
over the Grand Trunk Railway met with the
accident which caused the injury for which
the suit was brought On the morning of July
"a the train in which Mr.. Morton was a pas
senger, after leaving Milwaukee junction had
a race with train on the Michigan Southern
Road, and for the five miles where the two
roads run nearly parallel it was claimed a
great rate of speed was attained. Just before
reaching Detroit Junction the engineer of the
Grand Trunk train applied the vacuum brake,
but it refused to operate, and the train dashed
through the depot and collided with local
passenger train which was waiting the arrival
of the express train Mr.. Worthen, at the
time the collision took place, claimed that he
was inside the car getting his baggage ready
preparatory to leaving the train, and that
when the shock came he was thrown with
great force through the open door of the train
upon the platform, which overlapped the plat
form of the next car, and pinioned Mr.. WORTH
en- in such a manner that it required consider
able cutting before he could be extricated His
left leg was so badly crushed as to require am
putation, and one of the grounds relied on for
damages was that, in addition to the loss of
his leg, Mr.. Worthen was incapacitated from
performing active duty, and was thus deprived
of earning livelihood, which, before the ac
cident was very promising.
The railroad companies contended that Mr.
Worthen was upon the platform when the col
ision occurred and could not recover damages,
as the rules of the company prohibited any
passenger from standing upon the platform.
The main issue was upon this point and the
testimony was very conflicting, nine witnesses
corroborating the statement of Mr.. Worthen,
while on the other hand several witnesses tes-
tife that he was upon the platform. At the
first trial the jury found for the plaintiff in the
sum of $4,000, but this verdict was set aside
and another trial had last spring, which re-
suited in verdict of $26, 900 for Mr.. Worthen.
The counsel fer the Grand Trunk succeeded
in getting new trial on account of an errone-
GUS ruling of the presiding Judge, and the
case was the first on the list at the present
term, commencing on Wednesday of last
week, and being concluded Tuesday after
ternoon. .Profting by his previous experience,
Gen. Butler avoided any exceptions, but Mr..
Rand of this city, counsel for the defendant,
desired to take general exception to Judge
Lords charge, but the same was not allowed,
it being contrary to the rules of practice in
Massachusetts courts. The jury were out on
ly an hour, and on the first ballot large part
of the jury were in favor of giving Mr.. Worth
en- more than was finally agreed upon. 1t is
probable that this verdict will stand, although
motion will undoubtedly be made TO set it
aside on the ground that the damages were ex-
cessive. This is the largest verdict ever OBJ
tanned in any Massachusett court.