Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-17
TiIIson VS.. Maine Central
Argued Saturday.
Defendant Makes Mighty Effort
to Defeat $4,000 Verdict.
The Arguments Occupied Entire Day
...Testimony voIuminous.

Saturday in the law court WAS de
voted to presenting before the 1ull
bench the evidence i'll the case OF Fred
G. TillSon of Sidney vs.. the Maine
Central Railroad Go. and the First Ma
tional Bank Of SkoWhcGan, as trus-
tees Forrest Goodwin of SkoWh"sdn
appeared for the plaintiff, Cen. OrVillc
y Baker Of Augusta and me lion.
Charles +, johnson Of WatcrVillc, for
the defendant corporations
The ease comes before the Law court
on exceptions and the defendant asks
that the verdict Of $25,2OS for the
plaintiff be- set aside, first because it is
against the evidence, second because
| il is against THE weight of evidence.
third because it is against the Law ana
fourth because the damages assessed
| are excessive.
The action was against tic halhc
Central Railroad co. for alleged ncSll-
geucc. ana for personal injuries TO the
plaintiff claimed to have resulted
thcrefrom. The printed case sets forth
that, THE negligence claimed was
| that II Scinaphorc i'll the Watcrvillc
yard of the defendant company was
permanently so set, ana its lantern ana
| lights were permanently arranged at
such an angle with the track to the
| west down which its lights We're in
tended to be thrown, as not to show,
to trains approaching, tho true light
intended to be shown, but rather the
opposite color. or else such a confusion
Of both Colors that the engineer and
i oh
not determine which signal was in
tended, whether that for danger or for
safety. and could npt, therefore, deter
mine their duty either to stop or to
proceed"
The defendant corporation sets forth
in rebuttal, that the Scmaphore lights
| had been in the same permanent posi-
| tiOn as ut the time of the accident for
about n years; that they were proper
| ~ set, both as to location and as to
| angle with tie track. and, during all
| this period. were 50 set ana directed
as to give true. and not false or con-
| f'iCting signals, to AL approaching
| trains; that during th"s" - years
there had never been any difficulty,
| complaint or accident in their opera
| ton; and that if they operated OF were
set improperly or effectively at the
time of the accident. it was without
notice or knowledge on the defendants
part ana, if such defect existed at all,
it was due to the temporary ncgli-
gcncc Of some fellow servant with the
plaintiff, for which the defendant was
not legally Responsible" Attorney
Baker announced to the court that the
| f,, OF : oh
to the jury. would be waived.
| \ head-on collision took place in the
Watervillo yard Of the Maine Central
Railroad between freight train Al and
engine sc, which was stationary on the
main line near Front street crossing
on the night Of Feb. -, 1904. Tillson,
who was fireman on thu engine haul
Ing train - was thrown across the
window sill Of the cab ana his back
so severely injured that lie is partially
paraiyzed below the waist. He has
been in the care Of physicilng prac-
| tically ever since the accident and
since carly i'll the case has been wear
lnG a plaster cast to relieve the pres
sure on his spinal column.
The trial in the supreme court before
|
Of experts ever had in connection with
Il Maine case. Tho verdict of 81 POS
was one Of the largest ever given in the
| State.
The railroad corporation being the
moving PARTY in the action before the
law court, Attorney Baker opened tho
cas-" and continued his oral argument
during two ANA onc-half hours. IL paid
particular attention to the Scmupiorc
lantern itself, explaining or repeating
| thC testimony of 1t witness, who had
testified as to the lights rays and its
action when shown through ana do
| cCtod by the lens. lie also severely ar
r2iGnCd tic deposition Of George W.
| Nielsen. the substitute switch tender.
Whr, the defendant claimed, kicked the
naWl which changed the ScmaphOrc
light IT, "dangcr" either Just before, ol
| at tho instant Of the accident. The dep
| oSitGn was taken in Massachusetts.
| Attorney Forrest Goodwin during his
argument. paid his respects to Or
| KING Of Portland, who, he said "Got
mad when Ti'lson, after being operat-
ed upon for appendicitis. and finding
that it gave Elm no relief. asked that
Or Abbot, a specialist on spinal dis
eases, be called into the case.
The plaintiff claims that Tie location
of the semaphorc where it cannot ~
SccN until trains are ~ near as 11J feet
away, and when it is too late to stof
thcnl, if they happen to he lightly load
ed, was erroneous. as well as the angle
al which it was set and tn" condition
of the lantern. He also held that tile