The Republican journal., 1903-04-30

garaed Dr. Wilson's treatment as proper
h hnuer sne circumstances. Had tne shouiues
peen qislocated the measurements wouio
nave shown il.
~ Ut. =: Il: Gerrish of Portland has mas dSa, oeen
~ practice "a years in Portland, is professor
u anatomy in the Maine Medical ochooi'
the author of a work on anatomy, anu
mas Deen connected with the Maine General
hospital since it was established. Examined
NJ. BROWNS arm and shoulder. DesGrlpeu
GnnsiS e Ease substantially as dld l, W. Meehs ~
CONSIDERS the arm as strong as ever, put tne
patent was unable to move the arm Dy rea-
son OF dislOcatlOn of the shoulder. Ap-
proved OF DIR. Wilson's method OF applying
tne cast, and said Dr. Wilson exerclse9 un-
usuai cale in his measurements: II the
Ine measurements would have SHOWN IL.
II would be highly improbable that the TWO
injuries could occur at the same time.
walter Mahoney of Northport testlhed
TO MI. Browns doing considerable work
Wnlcn required the use OF both nahas tha rs; suc9 en-
as packing and moving goods, In tne IAN OF
1871. Br0wn's shoulder was all rlght In the
TALL OF 1901, but was bad in 1902. Brown
salu IN l902 that he got fall up I'D the Maine
WOODS and the arm has not been as II was
before.
Charles Mahoney of Northport corrob
grated Walter as to Browns talk in 1902.
saw Brown frequently in 1901: NOtlced no
difference in the shoulders that fall.
Edward c. Woodbury. of Northport testi-
ned to Mr.. Brown making statements In the
fall of 1901 and in 1902 substantially as the
MahOney brothers did.
G. b. Marsano of Belfast testified that
MIR. Brown took IA bundle of bananas weigh
ing about 25 pounds from his wagon, using
both arms, late in August, 1901.
| Chester E. Perkins of Northp0rt testified
that Mr.. Brown was able to use his arm in
August. 1901, and that there was differ
| enCo in the shoulders in 1902
| DrS. Weeks and GerriSh, recalled, testified
that if Mr.. Browns shoulder had been out in
the fall of 1901, he could not have raised MS
hand to his head, but a fracture OF the arms
occurring in June and properly healed
would not prevent him from doing SO.
The plaintiff resumed and called three
| witnesses.
| L. 1. Bussey of Dixmont testified that
Mr.. Brown came to his house Aug. 81, 1901 :;
that Brown drove from NorthpOrt, and that
his left arm was held close to his side.
Brown has not been able to put on or take
off coat since that time. Brown went
into the woods in October. Noticed differ
| ence in his shoulders from when he saw
| him Aug. 31st Mr.. Brown complained of
pain in his shoulder before he went into the
woods.
| Charles 0. Dckey of Northport saw
Brown every day when the latter was able
| to be out, and did not see him move his left
| arm after the accident occurred. On cross
examination MI. Dlckoy Sdlu IIle SuOulucl
| stuck up more the second year.
A. C. Currier of Morrill, saw Mr.. Brown
| frequently in 1901. Mr.. Brown carried his
arm by his side and did not use it. Never
| saw Mr. Brown raise his left arm after the
accident occurred
the plaintiff and testified that he saw Mr..
Brown nearly every day in the fall of 1901,
| and did not see him use his left hand
NJ. c. Hill of Belfast called by the plain
| tiff testified that Mr.. Brown was able to use
| his left arm some III the fall OF 1901. On
! cross examination Mr.. Hill said Mr.. Brown
| said his arm was gaining all the time.
The plaintiff recalled and contradcted all
| the testimony as to his using both arms
since DR.. Wilson set it.
Mr.. Thompson argued for the defense
and Mr. Mcclellan for the plaintiff, We'd
nesday forenoon, reviewing briefly the evil
dence and calling attention to the bearing
of the different points of evidence.
Judge Peabody charged the jury at the
opening of the Court Wednesday afternoon.
/ He opened by complimenting the-attorneys
for the able manner in which the case had
been conducted He reviewed the salient
points in the case, and the principal features
of the evidence. He said that the burden
of proof was on the plaintiff to prove that
his injuries were due to improper treatment
| by the defendant, and that his own negli-
gence did not contribute to the same.
| The law implies that a surgeon must pos
sess fair degree of skill in and knowledge
! of his profession, and must use reasonable
; care and his best judgment in the treatment
! of his cases. The physician or surgeon is
not expected to warrant recovery He is not
responsible for the results of an error in
Judgment. The parties to lawsuit are
| now allowed to testify in their own cases.
/ Their testimony should be weighed precise
/ ly as is that of other witnesses. Personal
| interest, the intelligence of the witness,
| tnf1 oh. ha Hhn
! plies to the testimony of experts. Undue
/ influence should not be imputed to any
witness because he may testify or other
wise assist on the one side or the other.
| The N-ray pictures are put in to show the
condition of the arm at present, especially
! their opinions on the supposltion that the
conditions as represented are true. Ii the
jury find that the tests as test fed
! to by the defendant were made then
the testimony Of the experts is to be CON
sidered; otherwise it is to be disregarded
so far as it relates to that point The con-
/ tiicting testimony of the witnesses as to the
acts of tine plaintiff in the fall of 1901 was
reviewed The defendant claims that the
plaintiff would not have gone into the
woods had his shoulder been dislocated !;
also that the diSlocation was the result of an
accident in the woods. Ii the jury find that
the condition of the plaintiff was caused
by improper treatment on the part of the
defendant, they are to find that the defend
ant is guilty; if they find that they did not
so result, then the defendant is not guilty
If the verdict is guilty the element of dam
| ages is to be considered. He would be en-
titled to compensation for loss of time; for
the pain and suffering endured; and
for expenses incurred. If the de endant
! held himself out as especially skilled he
! would be liable in a greater degree than an
ordinary ply sician. If the jury find that
the shoulder was not dislocated when the
operation was performed it does not pre-
clude the plaintiff from recovering on ac-
count of the broken arm.
| he jury retired to their room at BIZ
o'clock.
NEWS OF THE ORANGES.