The Portland daily press., 1895-10-19
DIR. BACoN's BROKEN LEG.
Interesting Suit Against the Casco Bay
Steamboat Company.

Walton yesterday, was begun the suit of
DR. Eibridge Bacon, of this city, against
the Casco Bay Steamboat Company. On
the 10th of last August DIR. Bacon went
to Cushing's Island to call upon friends.
He remained to tea, and started to return
home in the evening. While at the
wharf waiting for the boat, he walked
about, and fell off the platform into the
place where the barge and teams back up
to receive passengers. The fall broke DIR.
Bacon's left leg in two places. At his
advanced age of 85 years this accident
was serious although remarkably quick
recovery was made by the patient.
Hon. George &. Bird. in opening the
case for the plaintiff, who claims dam
ages of $40, o0o claimed that this pit at
the wharf should have been guarded by a
railing, and that the wharf was i'm
properly lighted Therefore he charged
the company with negligence.
For the defense Meisrs. Clarence Hale
and Stephen G. Perry appear.
Mr., Hale said that his clients should
claim that they had maintained per-
fectly good wharf. This wharf was
owned by Mr.. Francis Gushing, and was
used by the steamboat company The
wharf was in excellent condition. having
been put in good condition just before
the accident Moreover, the wharf Is
convenient and safe. When DR.. Bacon
came upon the wharf it was suitably
and conveniently lighted. He did not
slip off a space improperly guarded; but
being dizzy or feeble, fell into the place
where tho freight wagons came up
This place is built as is customary
wherever passengers are admitted from
teams. 1t would be almost impossible to
rail such a place, where passengers are
let on and off, The construction OF this
wharf never contemplated any such rail
ing.
The openings having been made, the
Jury were taken down to the island to
view the premises.
In the afternoon after the jury had
visited the wharf, the trial was resumed
in the court room. The first witness in
troduced by MIR. Bird, was DR. Bacon,
himself. The witness related the
CIRCUMSTANCES OIL HIS dCcluoAo, FAion
occurred Augu st Is, 1894. 1t was the first
of the next February before he began to
get about much; and considerably later
before he could attend to his practice.
DR.. Bacon is dentist, the patriarch
of his profession III this region; and in
spite of the accident he endeayored to re-
turn to his work.
But he testified that the leg had, since
the accident been weak and he now
wears on it leather stocking to prevent
1T bending.
Cross examined by Mr.. Hale, DR.. Bacon
related how he had gone to the island to
call on Mrs Gushing, mother of Mr..
Francis Cushing. He remained at their
cottage to tea. He felt quite in his usual
health and had no ill turn.
Mr. Hale asked If a window was broken
while he was there, and whether or not
it had given him any nervous shock.
DR.. Bacon replied that he remembered
the breaking of the window, but the
event did not disturb him at all.
When he went to the wharf to take
the boat, he was accompanied by
Ms Cushing and Miss Barron. The
latter went clear to the wharf with him.
1t was quite dark. !, Miss Barron went
ahead of him, generally, although she
might have taken his arm part OF the
way. She told him that she intended to
get him to the boat safely. When they
arrived at the wharf they passed under
the shed, and not by the walk outside the
shed. There was lantern at tho left
hand corner of the wharf put there to
guide the boat as he thought. He re-
mem bered no light on the side of the
wall, but there was man there carrying
lantern. After being in the waiting
room little while, he thought he heard
some one say that the boat was coming.
The man with the lantern was not in the
room with him, then.
After he had left tho waiting room, and
had fallen off the platform down to the
ground, the first person who, as he re-
membered it, came to his aid. was DR..
Morrill,. The latter with a friend, helped
him. He did not remember seeing the
man with a lantern, Captain Began, at
all.
Witness did not remember seeing
Captain Began take any lantern from the
baggage room to the water side of the
wharf, before the accident, so as to light
the way.
DR. Pendleton of this city, the physician
who attended DR.. Bacon, related how he
was called by DR.. W. B. Morrill, to at
tend Dr. Bacon. He found a bad fracture
Of the left leg. There was long, oblique
fracture of the larger bone of the leg, and
this was troublesome feature, because
the edge of the bone was sharp, and had
nearly protruded through the flesh
There was also transverse fracture ol
the other bone Of the leg. Also there wa:
another injury to the leg, but not
amounting to fracture. During the
time of treatment DR.. Bacon was in 6
state of shock, SO badly off that it was
feared this might be more serious thar
fractures Of the leg. An injury of the
side also interfered with his breathing
the floating ribs having been injured