Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-02-24
A RECENT DAMAGE SUIT.
James A. Quibell Claims Ills Case Was
Misreprc.ent,d IN Court.
Eai,or Deseret NepG-

Iditor Dcsortt NoicG-
Wiilyou kindly insert In the columns
Of your valuable paper few facts In
the ease Of Joseph A. Quibell VI. the
u. y. II. II. Go. which came before the
Supreme Court of tho Territory OF
u h Jan. 20, 1891. viii say Ia r..
gafu to me making mo complaints for u
Letter light, that II was stated before
the District Court tina, that was the
1rt time had ever been Ia tho place
whcIc ! met my accident. ! WIS not
running ear there when I was In
iurcd, but was called upon TO give
Joseph Browna III with the end board
Of the car, expecting when | had per.
formed that duty that I should 70 back
20 my labor IN the coal cnr. Hut owing
To the sharp freezing night the board
would not 20 hack far enough 10 stand,
consequently ! held It up while Brown
moved the car. He testified In the
First District Court that he did mol
know whether or not lie had his lamp
lighted at the lime u the accident, hut
lac was a, the bfake aud his business
was TO run the cars In aud out 10 aud
rom the chutcs. had gone ut HE
,all for help. Now with Brown hand
llsg tho brakes he stood with his
iAce towards the chutcs aud saw no
danger. While this was his second
nights labor he had nun cans In and
out frequently during that time and
he was moving the ear and had TO
watch the chuio- ON account Of placing
the empty part OF the car underneath
them.
II Brown, who had been thus en-.
plOyed, aud IN consequence must have
had more experience than |, knew OF
no danger, how could II be expected
that 4 should know. THIS was all
brought up In the district court. How
could | complain Of n lacl, Of light bc.
fore this timc when, a. have stated,
had never been tiirrr before.
Ascending 10 the Iii5mo | was
caught between the coal ear and the
chute. This was not 10. We hnd
lamp there, so that could SEQ 10 pick
the rock out from the coal, but the nc.
oidcnt occurred entirely IN another dlo-
pirtmcnt, as have stated, where there
was no Hight except what Brown carried
with him, and he did not know
whether or not he had any light.
know that II was windy night and
that his light was blown out several
times,
Mr.. Ramsey testified In court that
the dump waa all ablsle ~ that there
was sufficient light, which Is In.
correct. Every man knows who
ever worked around coal milne,
that IN thlfty.siX hours after the mine
stops work there Ii no blaze from the
refuse that Is brought out. Hundreds
Of men knew that there has been no
refuse dumped near there for years,
anu In fact there was but little refuse
brought out Of the mine nj all, Consc-
qnently his testimony falls 10 the
ground. In regard 10 me not being
permanently injured, Wish 10 state a
few facts. IL was not permanently
hurt by the accident how WINS II that
my arm could not be set 80 m TO re-
main straight. DIR. Allen, a surgeon In
Ogden CITY, reset the arm three weeks
after the accident, but after keeping Il
In -plints for six weeks II would warp.
Ten weeks after that Dr. Perkins broke
II aud experimental upon II, and hc
made no better Of II than the gentleman
who Ia styled na ignorant miner. DR..
Perkins intention was, II the means
falled that he used, 10 open the arm,
saw the bones, drill them and wire
them together again. this was only
n simple fracture, as he testified Ia
Court, why all this experimenting?
Again was charged with neglecting 10
have the services Of tlieir Com
pany surgeon, when had not
the chance Of his services un.
III Saturday afternoon following.
The accident occurred on Tuesday
morning, about half past 2 O'Clock, hut
he came there on the day OF the acct.
dent and examined the arm and said
that w. BELL had made n good Job Of
II, but he did not como prepared 10 not
n broken limb. In fnct he had not
heard OF the accident until he came
into No. 8 camp. lie made that state.
ment In the presence Of four Witnesses
besIdes myself. Yet II was stated Ia
court that he brought DR.. Hooker
there aud that positively refused his
services. lie never came 10 my board.
ing place with DR.. Hooker. Not once
did / refuse Dr, Hocker's services on
Saturday, as his statement was that llc
hsd come 10 see II he could make the
arm little more comfortable. re-
piled that the arm was beginning TO
be a little more comfortable, aud upon
this ground II was stated ] refused his
services four aud half days utter the
accident.
a few words about lights. Ramsey
said wo could have had more light Y
We had asked for them we could MOI
have had more light for the simple
reason that there were no more without
robbing somebody else, and we took
the Que lanip that would cnst n light
to pick out the rock from the coal that
was given 10 Us, aud Brown carried
coffee pot when was used by him 70 run
the cars W aud from the ehules. lhese