The Republican journal., 1903-04-30
BROWN VS.. WILSON.


Brown VS.. Everard A. Wilson. The case
was opened Tuesday morning before a
drawn jury, as follows: Frank NJ. Bailey,
foreman, Belfast; c. E. Carr, Palermo
Isaac NJ. Cummings, Prospect; John F. El-
lis, Stockton Springs; J. W. Gilchrest,
Knox; Ed. Greer, Belmont; Walter E.
Harding, Waldo; Frank A. Miller, Lin
colnville; Joseph O. Moody, Winterport
| Maurice F. Moody, Monroe; Thomas F.
| Murphy, Frankfort; James n. Pendleton,
| Searsport.
Frank p Wilson and Hugh D. Mcclellan
| appeared for the plaintiff and w. P. Thomp-
son and r. F. Dunton for the defense The
spectators seats were well filled and a dele
CATION of shorthand students from the
Banks Business College had seats with the
reporters inside the bar.
The writ alleges in brief that Mr.. Brown
| was injured by log falling on him at
Northport Campground June 26, 1901; that
his left arm was broken above the elbow
and the left shoulder dislocated; that DR..
| Wilson attended the case, but by reason OF
improper and unskillful treatment the arm
is T6uueI6u useless duu lICuIdUiC> tLoe 1LlO
fracture was improperly set and the dislo-
cation was not set at all. The suit is for
$4,000.
Mr.. Brown, the plaintiff, was the first
witness. He testified that on June 26, 1901,
Dr. p. E. Luce, who was building log
cabin at Northport Campground, called upon
him to assist in lifting log to the wall.
DR.. Luce and wife had the log partly up,
but were unable to put it in position. Mr..
Brown raised one end of the log and the
other end slipped from its support and fell
upon him. He could not move and when
the log was taken off he discovered that his
left arm was broken. DR.. Luce set the arm
and placed it in splints. A few days later
DR.. Luce said he was not sure the arm was
properly set and DR.. Wilson, the defendant,
was called. Drs. Wilson and Luce admin
istered ether to Brown, and when the pa
tient recovered consciousness his arm was
in plaster cast The cast was left on five
weeks and was taken off by DR.. Wilson.
Early in October the same year Mr.. Brown
went into the woods as guide to two hunt
ers from Massachusetts, stopping at his
own camp. While there he received three
separate falls and suffered some pain each
time. The in ured arm was not hit either
time They remained at the camp ten days,
coming out sooner than they intended on
account of the pain in Mr. Browns Shoul-
der. He was able to do no work while at
the camp. In February, 1902, the arm was
examined by surgeons in Boston, and he
then learned that the shoulder was dislo-
Gated He returned to Northport May 18th
or 18th, and soon after called on DR.. Wilson
and asked about the pain in the shoulder
DR.. Wilson said: at is strange DR.. Luce
couldn't attend to that case better" Before
that Dr. Wilson had said that pain was to
be expected, but that it would come out all
right Mr.. Browns arms and shoulders
were shown to the jury, showing the left
shoulder higher than the right and of un-
usual shape.
On cross examination Mr.. Brown said he
had shown the arm and shoulder to no doc
tors except Luce and Wilson until he went
to Boston. lie could use the arm as well
when he returned to Northport in May,
1902, as when he eft in August, 1901, and as
Well now as then, but there is more pain
now. He noticed that the shoulder was
different from the other when the plaster
cast was taken off.
DR.. j. C. Ham of Belfast was called and
produced two X-ray negatives, with prints
taken from them, which he testified were
taken by a physician in Rockland from Mr.
Browns arm and shoulder. He assisted in
making the pictures. The counsel for the
defense objected to the pictures, but the
Court admitted them as evidence.
Mr.. Dunton opened for the defense when
the Court came in for the afternoon session
After briefly outlining the law relating to
the duties and responsibilities of physi-
clans and surgeons, Mr.. Dunton gave a
synopsis of the line of defense. He claim
ed that Dr. Wilson was called four days
after the accident, by DR.. Luce, to put a
plaster cast on Mr.. Brown. He put the
cast on, assisted by DR.. Luce. He claimed
that no such condition of the arm and
shoulder then existed as at present. Some
time after, when DR.. Wilson presented a
bill, Mr.. Brown said the treatment Of the
injuries was a good job Again DR.. Wilson
saw the patient and found the shoulder out
of joint. Brown then said it had been so all
the time.
Twelve witnesses were called and sworn
for the defense.
DR.. Everard A. Wilson, the defendant,
was the first witness. He testified that he
graduated from the medical school of the
University of Vermont in 1897, after which
he served years as assistant demOnstra-
tor of anatomy in the same school. He was
house surgeon in the Mary Fletcher hos
pital in Burlington two years, and has been
in practice in Belfast, except when away at
these schools, which were in session part
of the year, since his graduation. DR.: Will
son described the putting on of the plaster
cast. He examined both shoulders and
there was no difference in them. Made
measurements of both arms and both
shoulders, and examined for other injuries,
besides the fracture of the arm which had
been set by DR.. Luce. There were no other
injuries. Was not called to the case again,
except to remove the cast. DR.. Luce had
not taken off any of the cast before that
time. Next saw Brown at his outage in the
fall of 1901. Was riding with Mrs. Wilson.
Brown called DIR. Wilson in to look at the
arm, and said doctor from Boston had
seen it and pronounced it a fine job; He
was a BILE to raise his left hand to his head.
In the fall of 1902, DR.. Wilson again saw
| the arm and found the shoulder out OF Joint.
Asked Mr.. Brown how it happened and he
| said it had been SO all the time.
! On cross examination DR.. Wilson said he