Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1894-02-26
COUNTY COURT.

also made party, as It's trains and
men run into and do work in the
yard of the Boston & Main. Counsel
in the case: G. A. Prouty for Plff. :,
Dickerman & Young for Boston &
Main, Crane & Alfred for Canadian
Pacific, II. E. Folsom, Supt., of Pas
sumpsic Division, represented the B.
& M. Railroad and F. Brady Supt.,
of the G. P. Railway. Jury: Dana
Fuller, M. F. Gay, g. N. Tenney, L.
r. Foster, Hollis Thrasher, J. O. Bal
ley, E. A. Albee, D. A. Elliott, Geo.
L. Nutting, H.F. Black, Geo. L.Young,
VIM. @. Batchelder.
This suit was brought to recover for
injuries received by plaintiff at the
r. r. crossing in the village of New
port, Oct 5, 1892. Mr.. Magoon, the
plaintiff, lives at West Derby, was
working at his trade of carpenter on
the block of e. Lane. His daughter
usually brought him over to east side
of crossing and met him there at
night to carry him home distance Of
a mile or more. At the time stated
he went down to crossing, found it
blocked by several freight cars and
after waiting several minutes and
seeing there was no engine attached
to either end of these cars attempted
to pass between the cars as others
had done. He took hold of the lad
ders on both cars, placed his feet
upon the head blocks and attempted
to raise his body. This he was un-
able to do and his foot slipped upon
the link coupling the cars just as an
engine pushed the train back. His
foot was crushed and amputation fol-
lowed. He sues to recover $4,000
damages.
Orrin Magoon, the plaintiff, first
testified He detailed infinitely the
whole occurrence-the accident-his
condition and suffering afterwards.
He said crossing was blocked some
fifteen minutes before he tried to
cross. He could see no engine in
sight, saw no employees of the rail-
road, heard no warning, no bell rung,
no whistle sounded. His health be-
fore the accident had been strong,
very poor since. He now has an ar
tificial foot.
DR.. J. Gaines. S. B. Crawford, Chas
Eaton, Frank Brunnell, David Wilkey,
Fred Niles, Frank Wheeler and Wal
ter Magoon were all at the crossing
when accident occurred. All testified
to the crossing being blocked from
ten to fifteen minutes; that the cars
that no warnings were given. Walter
Magoon said he came from West
Derby to get his father who worked
in Newport, the crossing was blocked
fifteen minutes. His father came
through the train between the cars.
Alex Mclaughlin was yard master
for G. P. Co.; was at work in B. & M.
yard getting cars belonging to G. P.
Co. He had kicked the cars, some
eight of them, upon the siding as
SWEET, switchman of the B. & NJ,
said their engine was going down and |
would take care Of them. The B. &
M. engine backed down upon these
cars at the north end when Magoon
was hurt. He gave detailed account |
of movement of trains at that time.
Mrs. Nellie Fuller, plaintiffs daugh
ter, testified to coming to Newport
after her father; did not reach cross
ing before accident, but met them
with her father near Bonett's. She
testified as to the case of her father,
his condition and sufferings.
Thos. @. Gale took care of plaintiff
one night about ten days after acct
dent; he was conscious but suffering
severe pain; rested only for short in
tervals and groaned good deal while
sleeping; his condition was critical at
this time.
Frank Ell. Davenport explained
measurements and diagram which
he had prepared showing tracks at
crossing. Diagram was produced in
court
At the opening of the court Monday
afternoon the judge gave his opinion
on questions argued by counsel on
the Saturday previous. He discharg-
ed the Canadian Pacific as a party to
the suit on the ground that when the
@. P. left the B. & M. yard with the
knowledge and by the direction Of the
B. & M. employees, it was their duty
to look after them and the G. P. could
not be holden. He did not grant the
request of the deft., B. & NJ, by or
dering judgment, but ruled that it was
competent for the jury to determine
whether Magoon failed to exercise
proper care and discretion, and wheth-