The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-12-05
THE COST OF A LEG.
A Verdict For $4,000 in a Law
Suit Against a Railroad.

One of the most notable railroad
damage suits ever tried in a Colorado
court was decided in the United States
Circuit court yesterday before Judge
Hallett by jury. 1t was the case Of
Joseph Donaldson VS.. The Denver &
Rio Grande Railway Company. and it
had been on trial for two days. The
decision in thei case was reached early
last evening, the jury, after remaining
out about two hours, bringing in yer
dict of $4,000 damages. This is the
largest verdict of damages ever rendered
in any court in Colorado, and the, e
nave been but few instances in this
country where larger damages
have been awarded. The plaintiff, Mr..
Donaldson. is a young man of % years
of age. He lost his right foot and a
portion of his right limb in a collision
at Antonita in May, 1881. The details
of the accident were about as follows:
Mr.. Donaldson was a fireman on the
ward engine at Antonita, Colo. A divi-
sion superintendent ordered a loco
m tive out of the yard with some ten or
Twelve empty cars to bring in ties. The
train took out the whole force of men in
the yards to do the work. They went
out about IL o'clock a. m, and returned
at about p. N. In the meantime
freight train had come in and two or
three cars were switched to the main
track.
These cars were allowed to stand in
this position for several hours. The
track going out from AntOnita has a
side switch running with it for a long
distance. This side switch was filled
with freight cars and they INSTRUCTED
the view SOD the yardmen on their train
could not see the cars on the main
track till they were almost upon them.
The yardmen'S train. on which DOnel-
son was. came in at the ordinary rate
of speed and as soon as the men saw
the obstruction on the track they threw
on the brake, but it was too late, and
the inevitable crash came.
Donaldson was on the tender at the
brake when the collision came. His
foot slipped down and was crushed and
his leg had to be amputated just below
the knee. He was brought to Denver
spon after the accident and placed in
ST. Luke's hospital, where he was con-
fined to his bed for over one year.
Blood poisoning set in soon after his leg
was amputated, which very. near'y
caused him ito lose his life. The vel-
dict is an extraordinary one, but is con-
sidered just by DOnaldson's friends on
account of his being famed for life and
because of the intense sufferings he has
DOnaldson's attorneys in
the case were c. P. Butler, Esq. of
Richards & Butler, and Messrs. Patter-
son and Thomas. Mr.. PattiSon and
other solicitors for the Denver & Rio
Grande road appeared for the railroad
and made most spirited and able de-
tense.
Donaldson sued for $4,000, but seems
quite well satisfied with the very large
damages awarded him. 1t is not
known Just what action the railroad
viii take in regard to the yer
dict, but one of their first moves will
probably be an effort to have it SET
aside. This was the first trial of the
case. If Judge Hall, t. refuses to set
aside the verdict or grant a new trial, |
the only tribunal to which the railroad |
can appeal is the Supreme |
Court of the United States. The case |
will be regarded with great interest by |
rall-oad companies and railroad en- !
Dloyees throughout the country.-Den-
yer NeUs.