The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-20
MISS IRWIN MARTIN SUING.
HER THIRD ACTION AGAINST
A RAILROAD CORPORATION.
The Defence would Like to show That IN
Jurics She Sues On Now We're the InJu-
ries h Received rs q Child In Her First
Accident cant Sleep on Her Back.

Jurics she sues On Now We're the InJu-
rles h Received rs = Child in Her First
Accldent-Cant Sleep on Her Back.
Miss Jeanne c.. Irwin Martin, a good
looking young woman Of unusual education,
vas examined in the Supreme COurt yester-
day before Justice Kellogg and a jury at the
trial OF her third suit against a railroad
corporation for accident damages. This is
the second trial OF her present suit. In
previous litigation she has obtained 81 500
IN damages for her injuries. She asks for
10000 now.
Miss Martin was once president OF the
College Women's Club and is n member Of
the Pet Dog Club and other associations.
She is a medical graduate Of the City Col
,lege. She appeared very weak as she testi-
fed In court ard took several sips Of aro-
matte spirits Of Ammonia to brace her up.
The present suit Is based on injuries which
Miss Martin alleges she sustained on Octo-
her 70, 1902, in a collision Letween an Eighth
avenue car and @ truck loaded with logs.
The defendant in the suit Is the New York
City Railway Company. Miss Martin testi-
fed that the window of the car at her back
was smashed and she was thrown forward
against the OPP osite seat. Several Of her
teeth were broken and her mouth was
operated on. She showed her mouth to the
jury during her testimony to prove the
truth Of her statement.
In addition TO the injury to her mouth
Miss Martin saws that she sustained a severe
shock. which rendered her unable to resume
her occupation as "A special writer on scien-
tifo and other subjects. Her main CON-
plaipt is that the blow which flung her across
the car struck at the base Of her neck and
caused. a wound which has prevented her
from lying on her back ever since. She
sleeps face downward, she says, and she
believes that this condition will be perma-
nent. She also complains that she is unable
to read with any enjoyment because OF the
difficulty Of keeping the book in such a
position that she can see il. As a result of
her general condition she is unable TO get
proper sleep.
Miss Martin testified TO these damages
under examination by her lawyer, Hugh
Gordon Miller. She declared that she had
been in perfect health for some years prior
TO the time of the accident and that she he'd
completely recovered from previous in
juriSs received in railway accidents. Mr..
Miller In his address to the jury pointed
out that che was entitled to damages, any
way, II the last accident had aggrGv waited
her old injuries. and that the injury to
her mouth alone was worth a substantial
verdict.
Herbert Smyth. for the company, cross
exsmihed Miss Martin about her previous
railroad accidents. She Sid that in 1889,
when che was quite a child, she a been
injured in a collision on the New York,
Ne~ Hsven and Hartford roed. Three
years later, through her parents, she got
a verdict from a Boston jury for $l1 coo
damages.
In. 1909 Miss Martin began a suit against
the Metropolitan Street Railway Company
for damages. She alleged that she had been
hurt through being thrown against the rear
door of an Amsterdam avenue car which
stoned suddenly. That suit was settled
out OF court, the company giving her $500.
Mr.. Smyth tried TO show hat the in
Juries she compleine d of now were practi-
oAlly identical with those Of her previous
suits, but she denied il, and fenced skill
fully with the lawyer. Her own medical
kducation helped her in answering ques-
tioLS as 70 her condition. After the Eighth
avSnu accident. she said. she Sras at
tended by six physicians and surgeons and
wae confined in a darkened room for sew
eral weeks. Lawyer Snyt tried 10 tangle
the Boston trial, but she told him fatty
that she Was toe young%hen for the details
81 the trial to make a lasting impression
on her mind, and che did not r~ecolleot lust
what had been her evidence. Some time
sfter that trial, she said, she was taken
abroad by her parents. who took her to
see many European specialists.
She declared that since the second acct
ent she had been in she had spent Q sum-
mer ct Narragansett Pier and had joined
In the dancing and other festivities which
marked a reception given the officers of
the North Atlentic Squadron
The trial will continue to-day.