The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-24
IN THE DISTRICT COURT.
A Damage Suit Against John M. Evans
for AtS.

his guardian ad litem, Charles sweet.
against John NJ. Evans was on trial
in Judge Lindsay's department of the
district court before a jury.
The complaint alleged that on Feb.
Is. 1897, the plaintiff. who Is a 7-year-
old boy. was attacked by a vicious
horse belonging to the defendant. The
animal kicked the boy on the skull and
ne was under medical treatment for
seven or eight weeks. II Is claimed
tbs his injuries are permanent. and his
guardian asks for SIS. 900 damages.
The boy who was injured was the
first witness on the stand. He testified
that the horse was rubbing himself
against a clothes-line in the rear Of his
mothers yard o N the day mentioned.
He tried to scare the horse away by
throwing a rock at him, but instead OF
running away from him the animal
took after him and chased him around
the house and kicked him on the skull.
and now when he gets excited or warm
his head aches. On cross-examination
he testified he had talked with his
mother and guardian a number OF
times; that he had never seen the de-
PENDANT driving the horse, but II was
hitched to his wagon and driven by his
son; that on the day he was injured
quite a number of horses were running
loose, and his father had an old mare
hat was running around the same day.
He said his head does not hurt at all
unless he bumped 1t or got hot
Mrs. Clara Sweet, the mother or the
boy, said she found the boy lying on
the ground at the back of the house a
little distance away from the lot; that
he was moaning and blood was gush-
ing from his head. She tried to raise
him. but he couldn't stand. She said he
had been out of her sight not more than
Is minutes before. He was k to a
hospital and operated on by DR.. a
Nevin. On recovering consciousness he
said he had been kicked by Mr.. Evans
brown horse. Mrs. Sweet said his tenn
permanent had changed since his injury,
and that when corrected he became
very angry and struck his head when
he got mad. He was in the hospital
for seven weeks n under medical
treatment for a long time afterward.
DIR. MacNevin said he was called to
| the hospital and found the little boy
about s o'clock in the evening, and was
requested to take charge OF the case.
At that time the boy was almost pulse
less and unconscious: the muscles OF
the face were t~witching, showing that
| the brain was being pressed upon by
the fragments of bone. The doctor then
described the operation which he had
performed on the child and said IL was
necessary to TAX out a part OF the
bone of the skull and that the depres-
sion was Their relieved and the witch
ing ceased. Inc Injury 10 ne shuH was
shown to the jury and the doctor testi-
fled that the bones had not united and
that the wound was a very irregular
one about half an inch by an inch and
one-half long.
The following hypothetical question
was put TO the doctor by the PLAINTIFFS
attorney:
Assuming that a child in his sew
nth year. in good health of body and
mind. of mild temper. kind and pleas
ant disposition, receives a blow on the
head. which injury produces a COM
minuted fracture of the skull, on the
side of the head. making an opening in
the skull which exposes the brain,
necessitating t%rephining, and necessi-
tating the removal of a portion OF the
bone. leaving an opening in the skull
about one and one-half inches in length
and one-half inch in width. and assum-
ing that the child is confined in the
hospital for a period of seven weeks.
and receives treatment for a period of
nine weeks succeeding, by reason of
such injury. and that by careful treat
ment and under the exercise of surgi-
cal skill the wound heals, the opening
i'm the skull becomes partially closed
and becomes covered by the scalp unit
ing over il. m assuming further that
after the wound has so healed and the
child is again restored to apparently
good health il Is discovered that a
heating of the head causes pain or
hurt: and also. that instead of his
former mild temper, he has developed
a violent one, and instead OF his former
kind and pleasant disposition he shows
an irritable nature, n that I'm his
eighth year such temper and disposition
are becoming worse, indicating a
marked tendency toward the progress
sive as he grows older. Upon such a
statement of facts. what do you say as
a. tba i,i,,ry tho chance in fpynnar and
disposition being the cause of such
change in the temper and disposition OF
the child?"
In answer the doctor said he could
not say
DR.. j. L. Hammond was also a wit
ness for the plaintiff, and the same
question was ~propounded to him as had
been asked DR.. MacNevin, and the doc
tor was asked what he would say as
to the change i'm disposition n tenn
permanent being caused by the injury
which the child had received. In an
swer. he replied that he judged IL was
fairly attributable to that reason. The
attorney for the defendant then in
auired what his opinion was as to the
ultimate effect of the injury to the
child, end nc replied that the chances
were that there would be permanent
trouble. but there was no predicting
what course the matter might take,
That the wound was now healed VI
with scar tissue. and there being nc
skull underneath, il might grow at the
expense of the brain and irritate the
brain structure.
Charles Sweet. the boys guardian
said he first saw the boy after the in
jury at the hospital. and that as soor
as the boy had recovered consciousness
he said he was kicked by Evans horse
the one with the hair on his feet.
Joe Rogantan, a nurse at the Sisters
hospital, testified to the same effect.
II. j. Mason, a resident of the Par
rott addition. said he had seen the de
PENDANTS boy drive the horse frequent
ly, and he a seen the horse i'm tn,
defendants corral. and that the hors'
was of a vicious disposition.
John NJ. Evans, the defendant, wa
called as a witness for the plaintiff, a
to his ownership of the horse. He SAT-