The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-08-28

said window up when same was raised
and to prevent IL from falling, were
worn, old. dilapidated and insufficient to
hold up and sustain said window when
raised, that the said window near where
this plaintiff was sitting was properly
raised to its usual height of raising said
window where said window caught, or
should have caught, on the catch or fas-
tening or spring that was intended to
hold it and placed there for that purpose.
and which should have caught on the
catch or fastening and held said window
steady and in its place and prevented it
from falling. The plaintiff further al
! leges: That on account of the said de-
! fects as aforesaid and the negligence of
the defendant as aforesaid, the said win
dow fell upon the fingers Of this said
plaintiff and thereby MASKING the second
finger and breaking the bone thereof and
crushing and mutilating the same, where
by and by reason of which the plaintiff
alleges, that the said finger was greatly
and permanently injured, and that the
nerves and muscles Of her hand, arm
and shoulder were greatly and perma-
nently injured on account Of the sudden
shock and fright caused by the falling of
the said window, and the mental and
nervous prostration that followed as the
result thereof whereby and by reason of
which plaintiff alleges, that she became
intensely sick on account of the fact that
said window when it fell held her fingers
fast, and that she was only relieved after
said window was raised by other persons
coming to her assistance, and in raising
the said window. Plaintiff further al
leges: That she suffered great mental
and bodily pain and yet continues to so
suffer on account Of said injuries as
aforesaid; that the injury to the said
finger and nerves and muscles Of the
hand, arm and shoulder are permanent,
and that said finger will be permanently
disfgured by reason Of said injury as
aforesaid. Plaintiff further alleges: That
she has been engaged in the teaching of
school, and that said injury to the said
fingers, hand, arm and shoulder as afore-
said are such that she IS unable TO use
the same in writing and figuring as is
necessary and usually required in her
avocation as such teacher and that said
injury in this particular is permanent.
The plaintiff further alleges: That prior
to the time the said window fell she sup
posed that the said window and catches
and fastenings and casing OF said window
were sufficient to hold the same steady
and in it's place. The plaintiff at such
time and prior thereto had allowed and
permitted her hand and fingers TO rest
upon the sill Of the car window, beiev-
ing that it was perfectly safe to do so.
Plaintiff further alleges: That the defen-
dant had notice OF the old and dilapi-
dated condition of the said car its win
dOws and catches and fastenings of said
window, prior TO the time Of the said
injury and knew, or should have known,
if it had used ordinary care and caution
to observe same. that the said window
and the fasteners fastening said
window, and the window casing were in
sufficient to hold and sustain said win
dow in position when placed there 10 +
keep the same from falling. and that the
and negligently failed 10 perform its
duty in that behalf and carelessly and /
negligently furnished said car for this /.
said plaintiff as a passenger in which to
ride, whereby and by reason Of which .
the plaintiff alleges, that she has been
greatly damaged in the sum to the {
amount Of two thousand dollars $4,000. I
plaintiff demands judgment /
against the defendant for the sum of two /
dollars $4,000 and costs of this |
action