The Montgomery advertiser., 1906-04-03
FOR HEAVY DAMAGES
MISS BARGANIER ASKS HEAVY
 EAMAGES OF l.. q N.
Young Woman of Fort Deposit Claims ip Court That Neurasthenia was Brought on By Railroad Ac-
 cfdenf.

While too i'll, it was said, as a result of injuries received. more than a year ago, Miss Ella Sue Barganier, of Fort Deposit, yesterday, through her law yers began suit in the United States Court against the Louisville and Nash vile Railroad Company for damages to the amount of $50,o0o.
 Absent herself. however. she was represented in the court by her sister.
 who, in addition 10 being an interested
 spectator of the trial, is expected to
 furnish strong evidence for her strick- en relative as d witness on the stand.
 Tall and remarkably beautiful, the sis
 ter of the sick woman was the most
 remarked person in the court room.
 Her attention to the preliminary argu-
 ments of the opposing counsel was
 close and attentive. Not word es-
 capped her Utterly oblivious to the fact that she was the only woman in the room packed with people who were interested in the importance of the trial she paid the closest heed to the skirmishings of the lawyers in the case. the struggle. and noting closely the testimony of the day
 Once a smile escaped her.. when one l of the attendants broke the stiffness of the room by dropping the water pitcher Aside from this incident, how ever she was the closest spectator of | the proceedings during the day.
 The case, acording to the docket, was | to have been called at the morning s session of the court. Owing to the ab- sence of one of the counsel. however. | the opening of the trial was postponed until the afternoon, when the argu- ments on the case were begun.
 | As explained in the preliminary | statements of the attorneys to the jury Miss Ella Sue Barganier. was injured | while crossing the tracks of the IIouis- vile and Nashville road in Fort De- | posIt, on December IT. 1904. freight | train backing into the buggy she was driving. caused her to leap to the side | of the track. From this kpoint, it was stated, being in danger of being caught by the buggy and horse. which was pushed back toward her by the train she leaped into a ditch at the side of | the road bed which was ten feet in depth. From this fall. it was claim | ed, she suffered physical injuries to the back and spine, and & shock to the nervous system which has resulted In | traumatic neurasthenia. The plaintiff s | charge stated further. that she has never recovered from the nervous shock and that she is permanently dis abled as result of 1t.
 The defense as outlined by the coun- sel. for the defendant. is that the acci- den, was due in part to contributory negligence, and that the fall into the ditch was not the fault of the railroad company, but the voluntary act of the | plaintiff,
 From the trial so far as it proceeded yesterday it appears that both sides are | to rest their cases to great extent upon treatises written by authorities on nervous diseases. Books by several oi these authorities were introduced, and the parts of these which refer to different forms of neurasthenia will be used as reference during the trial, At yesterdays mornings session of the court, the jury which had been out since Saturday evening on the suit or the Stotz Lumber Company of Louis yille, Ky. against the Hearn and Holt Lumber Company of Houston County for s7,500 damages. reported to Judge Jones that they were unable to agree.
 They were accordingly discharged, and | a mistrial declared.