The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1888-05-25
n. r. Gardner vs. BloOmsburR
steam n Electric Light Co.

burg Steam u Electric Light 70. began be-
fore the jury selected last week, Judge
Archibald presiding. The case was opened
for the plaintiff by L. K. Waller Esq, the
other counsel for plaintiff being G. W. Mil
Ter, and J. Scarlet Esqs. The defense was
represented by II. NJ. Hinckley Esq. OF
Danville. Ikeler & Herring, L. 8. Winter
steen and J. M. Clark Esqs. After some |
preliminary sklrmisbing among the lawyers,
Samuel Neyhard was called as the first |
witness, and by him was proved permit |
by the town council to the Steam Go. to |
lay pipes In the streets OF Bloomsbury. The
official map OF the town, and the registra.
ton Of the plaintiff as physician were Of
fered In evidence, and then DIR. Gardner
was put upon the witness stand. He is al
most entirely disabled, and was brought
into court on an invalid chair. He testified
that on the night Of Sept &c. 1886 he was
called to see patient, and drove down
Iron street. At the corner OF Fourth street
he checked up his horse to very slow
trot, drove on little further and drove in
to ditch. 1t was very dark night. Tie
was pitched out of his wagon. The horse
was fast in the ditch, and they got 1t out
after awhile. Then he walked down and
saw the patient, come back up Iron and
then up home. Noticed a numbness In his
hands first. Went to MERGERS and tried to
write prescription for his horses bruises,
and couldn't control his hand. Had bad
| night, AMI in the morning his left arm was
paralized. Has not been able to dress him
self since. Called in DR.. McReynolds, and
went to Philadelphia to consult DR.. Ellis a
specialist, and has been under his treat
ment ever since. Expenses have been from
5000 to $500. Cannot describe the pain
| that he has suffered. Prior TO the accident
he was In excellent health. His practice
amounted to $500 to 81, 900 year. Is
unable to perform a surgical operation now.
Saw no barriers at the ditch, saw nothing
to indicate that there was ditch there.
Cross EXAMINED BY Mr.. HINoKLEY.
The patient l started to see lived at Sew
enth and Catharine. My Office was over
Schuyler's store, and l went down Iron
street, had been to see same patient two or
three times before think l went TO see
same patient night before. Went down
East street to Seventh then. May have
been down Iron that morning, can't say
last time passed Iron street there was q
place where the ditch had been filed up on
the east side, so went down the west side
OF the street. didn't know whether steam
or water pipes had been put down. After
barriers were removed l went down. The
last time l saw the street it was safe fol
any man to drive it. l did not take an
other street because had no reason to be-
lieve that Iron street was more dangerous
than any other street. Don't remember
about lights the night before. Could have
gone as near a route by other streets tina,
would have avoided Iron street. Did no,
say to anybody that ! saw the lantern but
did not know which side Of the street il
referred to. Did not say that l had beer
down the street that day or the day before,
and that was the reason l took the west
side" Here followed long cross-exami
nation laying grounds for contradiction.
Was driving at the rate of about miles an
, hour. Didn't drive up on The pavement
1t was so dark l couldn't see the horse
First remember after accident was seeing
: lamp or lantern that some lady brought
out. | knew afterwards there was barre
with lantern, saw it as we were trying tc
get horse out. Barrel was at end OF old
ditch on east side. A boy named Bidlemar
came along first. Memory affected in some
ways, not in others. Can remember any
thing that is impressed, on my mind
Practice has been conducted by my partner
since accident. Value of practice wa,
based on amount OF book charges. Size Of
horse was a little below average; spirited
and gentle, nothing vicious about herr hat
buck board, narrow gauge.
, The foregoing is brief outline Of tht
plaintiffs testimony.
DR.. II. c. Wood of Philadelphia was af
irmed. He is a professor Of nervous dis
eases in the hospital Of the University o
Pennsylvania, author of work on nervou
! diseases, and has been called as an exper
in this state and New York. Has examiD
, ed DR.. Gardner, found loss of power from
the head down, tendency to contraction o
muscles, what is known as knee-jerk. Dis
ease is chronic Inflammation of the splna
cord. 1t is the result Of the accident, will
, very little chance OF amelioration, and will
gradually increase until death ensues, ol
, insanity may result.
On cross-examination the witness said
that the condition OF the plaintiff nigh
have arisen from other causes.
, DR.. NJ. ii. Bockroth Of Philadelphia ha
charge of the nervous department OF Jeffer
son College. He has examined DR.. Gard
ner, and thinks he will become chronic
imbecile. 1t is very doubtful il he can eve
q practice his profession. Condition is du
' to an injury to the spine.
, TUESDAY MORNING.
r John M. Clark Esq sworn. Am secre
y tary of the Bloomsbury Steam s. Electri,
Light Co. since Oct. 1885, the time of it
t gauization. Minutes OF the compan,
}. shown witness, minutes of Oct. 18th al,
t 2lst 1885 read by witness, showing forms
o ton of company and election OF director
: and other officers, also steps taken to max
6 application for charter etc. etc. The sam
o parties pamed in these minutes are the ol
y ficers of the Bloom. Steam & Electric Ligh
q Co. and were in control Of the company OF
the Both of Sept. 1886, Mr.. A. z. Shoch wa
d President at that time.
l. Cross-examination. The incorporate
d company first took charge OF the work
e somewhere between the 9th and 9Th of Eel
!, 1885. The contractors OF the America
G District Steam Co. had control from DC
= 1885 to this time. The Steam Co. of Blooi
It had no control whatever during the inte
val from Oct. '85 to Feb. 80. The wori
e were constructed under a written contra,
IS by the American District Steam Co. {
e Lockport N. Y, they did the work of 10!
n ing the pipes ane erecting the work
If Nothing was done by the Steam & Electr
10 Light Co. after the completion of the col
m tract with the American District Steam q
e under the permit of the council. The co
porstion did not make the contract.
- Al,