The herald., 1897-03-05
DRAMANcGENE IN COURT
M. Quickstad Claims DAM
ages for a Bite
and Falls TO THE GROUND IN A Fit
Doctors Confer as to the Posi-
biIities of Hydrophobia
THE DORA GREEN CASE ENDS
By Justice Young Holding the Defendant,
Maxim, to Answer
Water Companies Seek to Break the Ordi'
nance In Court
An Enterprising Peddler-A. Daueri Awarded
$4,000 Damages - Mining Expert
Who Is Wanted-Judgment In
Favor of German Bank
THE DORA GREEN CASE ENDS
By Justice Young Holding the Defendant,
Maxim, to Answer
Water Companies Seek to Break the 0rdi'
nance In Court

1t is not often that in court of JUS
tice the plaintiff in a suit to recover
damages by an unfortunate chance so
far as he is concerned, but a happy
chance so far as his claim is concerned,
is enabled to illustrate to the jury the
damage he has suffered. And yet that
is what was approximately done yester-
day in the suit of NJ. z. Quickstad against
A. G. Nettleton and others on trial in
department four before Judge Van
Dyke and jury.
The parties to the suit live at South
Pasadena and it is claimed that the &C.
PENDANTS kept vicious dog about their
premises. That on April 25, 1885, while
the plaintiff was walking along the high
way past the defendants premises this
vicious brute with the knowledge and
approval and at the instance of and
procurement of the defendants and each
of them, jumped upon, bit and mangled
the plaintiff by biting him in the arm
and lacerating said arm. thereby caused
plaintiff great pain and suffering"
Albeit that it is hard to conceive Of
any reputable person approving" of his
dog setting upon a stranger, much less
deliberately instgating such an out
rage, yet such is the legal verbiaee
wherein the plaintiffs allegation of fact
is clothed. BY reason of the injuries re-
ceived Mr.. Quickstad has been rendered
unfit for work, his nervous system shat
tered, any trivial irritation inducing
palpitation of the heart, and he has suf-
fered damage. He demands also that he
be recouped for moneys expended for
L., al
the rate of SO per day for each day since
the accident. In all, plaintiff claims
against defendant, and each Of them,
$4,000 and costs.
The plaintiff is a-burly, heavy-set man,
but while upon the witness stand his
manner of speech seemed to indicate
that he was not so strong as his heavy
frame indicated. He was examined
closely, upon cross examination regard
ing paralytic stroke that he had had
before the time when it is alleged he
was bitten by the defendants dog. His
explanation regarding this aftliction was
rather odd. He stated that while proba-
bly, not in the best of health at the time
it had been induced by a man sitting
close to him who persisted in smoking
a sinking pipe. 1t made him sick and
was the inducing cause for the stroke.
Have you ever had any other trouble
besides paralysis?" inquired counsel.
"Oh, yes. I've had toothache," was the
reply.
While toothache is sufficiently painful
to try the patience of even a Mark Tap
ley, tie Job of English literature, its
connection with paralysis as a consti-
tutioHal trouble seemed oddly incongru-
Gus.
Had you ever any disease previous to
the paralytic stroke-any constitution
al or blood disease?" resumed counsel.
Yes / had
What was it?" and there was ex-
pectancy in counsel's voice as he asked
the question.
Il had cholera morbus."
When the witness was retired from
the stand he took his seat by the side
of counsel, and all appeared to be well
with him. Without any warning, how
ever, he slid from his seat to the floor.
overcome by some kind of fit. He was
removed to the jury room and some
whisky, obtained from a thoughtful
young man who carried a pocket pis-
tol," was administered and Mr.. Quick
stad showed signs of reviving. But only
momentarls-. This time violent spasms
wrenched his frame and his cries pene-
trated through the court room. Drs
Orme, Trueworthy and Ainsworth were
speedily in attendance and sought to
relieve the sufferer, while his wife stood
by his side and gave what help she
could.
When the unfortunate occurrence took
place the court room for few moment
was in an uproar. Judge Van Dyke re-
tired to his chambers and the attorneys
and others interested tried to enter the
jury room to see the sufferer. Their SYM
pathy was not altogether philanthropic
for the question was freely banded about
to each one emerging from the jury
room:
Does he foam at the mouth?" The
question sufficiently indicated the
thought fitting through the minds of
come present that if one of the distinct
i've and characteristic marks of hydro
phobia was present then the plaintiffs
suit was as good won.
When Mr.. Quickstad first showed signs
OF recovery the court again convened
and Attorney Mckinley, counsel for
plaintiff announced his intention of pro-
ceeding with the case. But man pro-
poses and God disposes," and the cries
of the sufferer from the adjacent room
sufI1ced to show the futility Of any at
tempt at immediate proceeding Judge
Van Dyke thereupon continued the case
until the first vacant date--on Tuesday,
April Goth.
For the remainder of the afternoon Mr..
Quickstad remained in the jury room,
and after emerging from the fit recoy-
cred strength very slowly Several dep
uties from the sheriffs office carried him
as he sat in chair. to the elevator. and
after resting below for a time he was
taken to the Commercial street station
to meet the $40 train to Pasadena.
MALKlM is HELD