The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-01

him about three-Quarters Of an hour at
ter he accident n attended TO him
in a professional way. He found him
suffering from a great ervo shock,
had severe pain in the side, In the re-
giorl of the appendix and for thirty six
hours suffered excruciating pains. His
d sweiled and circumecribed peri
tonitis developed. his temperature be-
ing 103. For many days he had in
territtent fever. An abscess devel-
opsd in the right side and discharged
internally. In a consultation, Drs. Bur-
bank and Bullock concurred in the
diagnosis that his sou had circum-
scribed p~eritonftfs. His SON shad a
recurrent attack in AprH, severe pains
and fever reeurred ON account OF ad-
hesfon of the intestines. He gave ii as
his opinion that his son was permanent
ly injured: that the adhesion of his In
testines might ait any time result in
strangulation of the intestines n
cause death. 1t was his opinion that
had been very much crippled.
DIR. A II. HafTiss was examined for
the plaintiff He stated that he was
a doctor Of medicine and had received
his education at Davidson college and in
Philadelphia; that he had been city
physician Jour or five years, etc. He
testified that he visited Mr.. Shepard on
Suuudy dIlcT tlc dLCioSll. Il Wdo III
much pain. had an excited pulse II
suffered much from nausea There was
an enlargement OF the right side and
there wa great tenderness upon pres
sure. He diagnosed the trouble as ap-
pendicitis or localized peritonitis. He
gave it as his opinion that the plan-
tiff could have had an abscess without
it's living left a scar. He saw the pa
tent January 25th, 1900, and he was
Gil ffarinO with n very SQVQrQ main in
the hip, and he again saw him IL
March. 1900, when he advised him to
veal an abdominal supporter. He vis-
tied him In September, 1900, n there
was. a swelling in his right side; that
side being three-quarters of an inch
higher than the left side. About the
swelling there was great tenderness
and pain. indicating inflammation and
probable adhesion of the intestines. 1t
was his opinion that the injury to Mr..
Shepard was Of such a mature as to
greatly impair his usefulness, ardor and
ability in making a livelihood. Six
months ago he examined Mr.. Shepard
for insurance in the Penn Mutual IN
surance Company. but had to recon-
mend his rejection on account of his
physical disability.
DR.. William ]. Love was examined
for the plaintiff. He had known the
~ " 'o<bot VII JNoh@' LIN
had been called to him afte t acct
lent and he described the same gener-
al conditions as the other physicians.
He said it was possible for an internal
abscess to disappear and eve no signs
of it's eXistnce. AS to Mr.. Shepard's
injury he said he believed his recov-
cry YOU be very slow if at all. De.
Love testified that on Tuesday last he
examined Mr.. Shepard's side, finding it
very sensitive to pressure. He finch
ed as if in pain, and if the pain was
rea dit was indication of an abscess.
DR.. G.. T. Harper was examined for
the plintifl. He testified that he was
educated at Davidson college and at
the University of Maryland, and that
he is now superintendent of+health for
the city of Wilmington. He had exam
ined MIR. Shepard and found his right
side three-fourths of an inch higher
than the other. There was also great
tenderness, indicating peritonitis. He
suffered great pain when the rising was
pressed. If the pain was real it indi-
Gated a serious injury that may be per-
manent. He stated that for n to
feign pain ne must be a great actor.
Mr.. George Hutaff was called as a
witness for plaintiff. He remembered
the accident on the 18th of January,
1900, n was near the crossing when
1t happened. He was returning from
Castle Haynes. and was near the cross
ing when the accident occurred. Wit
ness testified that the train did not
blow the whistle nor was the bell
rung till the brakes were applied to
stop the train, when Mr.. Shepard's
buggy was about to be run over. He
has a farm near the crossing and
passes it frequently. To his own
knowledge a cut n embankment
covered with a growth of fennel near
the crossing obstructs the view of ap-
preaching trains. For a distance of thir-
ty-five to forty feet from the crossing
it is impossible to see a train. He
testified that he came very nearly get
ting killed while on lookout for the
train as carefully as he could. He also
testified hat the condition of the
crossing on the day of the accident was
very bad; that or THAT day there was
was also a fence three to four feet
high on the railroad bank; hat there
was also a Tense three to four feet
high On the bank: that a part Of the
fence was removed before and he saw
a man take down the balance of the
fence after night of the day of the ac-
cident.
Jim Mays, coIored. was sworn as a
witness for the plaintiff. He testified
that or the day of the accident he and
Abe Hansley, coOred, were working on
top of a barn for MI. George Hutaff.
near the crossing; that it was his GUS
tom. when the train bound south would
blow. to go out and cover Mr.. Hutaff's
lettuce beds. On the day of the acct
dent he watched the train from the
top of the barn and remarked how
fast it was running. He was positive
that no Whist was blown for the
crossing and no bell was rung, as he
watched the train for a quarter of a
mile till it got to the crossing. He said
he saw the train back into the city af-
ter the accident and when it came out
again the whistle blew and the bel,
rang. On cross examination he said
that as he heard the whistle and bell
h second time he surely would have
heard it when it first went out.
Abe Hansley, colored, was sworn for
the plaintiff. He corroborated Mays
testimony. He was working on the
barn with Mays and he is positive
that there vas no whistle or bell.
Rebecca Lamb. colored. a witness for
80 -Ios-f;f t--fG-l 49, TO- -