Evening journal., 1896-12-15
READY FOR A VERDICT.
Ali Testimony in and Attor-
neys Now Arguing.
THE EWING DAMAGE CASE


AGAINST THIS MUNICIPALITY FOR
$4,000 DAMAGES TESTIMONY OF
DIR. JONES ILLUSTRATED BY
SKELETON AND X-RAYs.
this meeting with considerable interest.
as II is intimated that there may be
some important developments.
continuing for the plaintiff yester-
day afternoon, Hallum b. Clements
testified to having tripped in the gut
ter and caught his heel in the hole. j.
II. Pierce and John b. Woodward told
how the gutter had been covered by a.
plate since 1871. Colonel c. NJ. Leitch
testified to having called upon Mrs
Ewing and finding her badly crippled.
THE CITY'S DEFENCE BEGINS.
The three attorneys for the munich
pality then opened the defence by be-
ginning to spar for legal points again
Mr.. knowles asked for a nOn-suit be-
cause constructive notice had not been
shown. Chief Justice Lore refused the
motion, deciding that the case must
go to the jury.
City Solicitor Harman then moved
for nOn-suit because the statute ex-
empts the city from liability where il
was not shown that the city did the
work. Judge Cullen refused this by
reference to a decision in the Seward
case.
Mr. Knowles then asked to have the
jury inspect the gutter, only two
squares from the Court House, but the
court did not decide All this time
Messrs. Hilles and Chandler were OBJ
Jecting to every move the city made.
Mr.. Knowles then opened before the
jury, stating that he would show no
negligence and that the testimony Of
the plaintiffs medical experts could
not be relied upon.
City Engineer Jams H. Wilson pro-
duced a plot of the premises. j. New
lin Gawthrop swore that during his
term as Street and Sewer commissioner
he had never received complaint of the
Ninth street gutter. Francis McClOs-
key, former street commissioner. cor
rOborated Mr.. Gawthrop, and added
that he had passed over the gutter fire.
quently and never knew it was dan
gerous.
Charles Baird Henry +. Dure.
Charles Whann, Walter Davis and Po-
liceman Di Mare had not noticed any
thing wrong with the gutter plate,
though they passed it often.
DR.. James J. Jones was called for the
purpose of contradiction and gave his
opinion that most dangerous thing
had been done by Mrs Ewing not
having a physician attend her injured
ankle He had placed the leg under
the X-rays and found no enlargement
OF the bone. as testified to, and no Sc
we're Inflammation Of the muscles or
rupture of the ligaments.
PROCEEDINGS RESUMED TODAY.
George Baker, 60 years old. of No.
1927 East Twelfth street. is suffering
from a dislocated shoulder, the result
of a fall received last Saturday night
Dr. Jones was recalled and stated
that the X-ray photograph Of Dr. Nor
gan's in his opinion, did not show an
abnormal ankle, and did not show any
ostitis, or disease of the bone. but sim
ply neuritis-disease of the nerves.
Dr. II. w. Briggs, DR.. w. J. Stubbs
and DR.. Joseph T. Y. Blocksom testified
that when a person sustained
sprain he should call in a physician at
once, as often when this is not done
there are serious consequences.
William Simmons and Francis J.
McCloskey were called to prove as ex-
perienced men on streets and cutters
that the gutter in question was fit for a
blind man TO pass over without en-
dangering himself in any way. Their
evidence was objected to. however. and
it was ruled out
ALL THE EVIDENCE IN.
Defence here rested and Mr.. Hilles
began his prayers to the court. The
first clause objected to was one refer
ring to the plaintiffs pecuniary inabil-
ity at the time Of the accident to en-
plOy medical assistance After a long
citation of authorities it was decided
that this might be considered as a cir
cumstance.
City Solicitor Harman's prayers to
the court were to the effect that unless
hole in the gutter plate was proved
to have existed long enough for notice
to have been brought home to the city.
there was no liability; ifplaintiff had not
used reasonable caution and prudence
in caring for her injured ankle; that
plaintiff could not claim future suffer-
ing
City Solicitor Harman stated that.
unfortunately, the city was limited TO
/ six witnesses, or they could have pre-
duced 1000 to swear that they had
passed over this plate time and time
again, and had nevr noticed anything
gain, and had never noticed anything
| the matter with il.
The court limited the lawyers to cne
hour from each side to present the case
to the jury. Mr.. Chandler began to
address the jury at 1915 for the plain
tiff.
The Ewing damage case for $4,000
for a sprained ankle will go TO the
jury this afternoon. All the evidence
I is now ia and attorneys are arguing.
| 10 N 1rIrcrIc AnL rLLE ~ z n