Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1905-07-13
AEUM|LLER DAMAGE CASE

UIOlsStI I'LL O0lvl0uI O0OI
Testimony Of Plaintiff and Defen-
dants. Case of Interest on
Account Of Questions InvoIed.
District court resumed its session
Monday. Friday and Saturday were
taken up with the Neumiller damage
suit against the N. p. Railway Co. for
$4,000.
Those who testified in Neumiller's
behalf, besides the plaintiff himself,
were Emil Klautt, Andrew Tomjack
and Mrs. Neumiller, who gave parti-
culars as to the cause and results Of
the accident. DR.. D. S. Moore testified
as to the presents state Of the plaintiffs s
physical, condition and stated that he
was sufferer from severe and perm
anent physical and nervous injuries
due to the serious injuries received.
The accident occurred while the
plaintiff was working at the N. P.
Goa! shed in the Jamestown yards. In
the course Of the usual work, he testi-
fed, he walked between the track and
the power house in the usual place
and box car was started down the
incline track by the foreman Kercher
kicking block from under a wheel
and starting the car. Neumiller was
caught, he claims, without warning in
the narrow space between the side Of
the car and the power house and was
rolled and squeezed tu such an extent
that he sustained a fracture Of the
left arm and such a severe compression
Of the chest as to result in great
hemorrhage at 3the nose and mouth
The car had been loaded with coal,
but was empty when the accident
occurred.
The plaintiff claims the negligence
Of the company's employee and the
building of the track and coal shed too
close together were the cause Of his
injuries and that he has been unable
to work since.
DR.. Eleanor Hill also testified as to
tie effects of the accident on the
PATIENTS physical and mental con-
ditiOn. }}rtS5 =;
After the accident, Neumiller was
sent to the Brainerd hospital where
the broken arm was set and his in
juries treated. He remained at the
hospital about two months before re-
turning home. ~ .-
Thekdefense introduced its testi
mony, the principal witness being
Keracher, the foreman of the coal
dock. He testified that he removed
by hand the block that held the
freight car and allowed the car to pass
down the incline, that he warned
Neumiller in time to get away from
the place where he was standing. 1t
was testified also that the switch at
the end Of the track leading up to the
coal dock had been left open, and to
prevent the car running of the track,
Keracher after starting the car down
the incline ran on ahead Of it and
closed the switch. ,.. D..
On cross examination it was brought
out that when running ahead of the
car Keracher shouted to Neumiller to
get away, to get out Of that location,
but before:he could do so the car had
struck him. The jury was excused on
this case until Monday as one Of the
jurors, Mr.. Hendricks, was seven
day adventist, and had scruples
against working on Saturday. The
testimony is all in, the Arguments
made and after the Judge charges the
jury the case will be considered by the
jurors.
Attorney John Knauf is looking
after the interests Of the plaintiff and
presented the case clearly to the Jury.
Messrs Watson & Maclay of Fargo
are ably representing the defendants.
The case is being stubbornly contested
by both sides. Owing to the phases of
the personal injury law involved, the
case is of great interest to the en-
ployes Of the railroad company and
others. .s4.
The jury were taken to view the
coal sheds and place Of accident. On
return the Judge delivered his charge
and they retired, bringing in verdict
for plaintiff soon afterwards in the
sum Of $1,000. ,t,..a
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state crsp csadItlsns.
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