Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-07
FRAUD IN ACCIDENT CLAIMS.

| anu HnhiNldl ilduuS VI NhIio hto'lil'-
tions, but there is one kind that IL not
at all uncommon. and which does not
excite the criticism Of people who think
that corporations, both public and pri-
vate, are legitimate prey for the claim
ants for damages. We allude TO suit $
Instituted by men and women who
calm TO have been injured through the
negligence OF railway or street car en-
ployes, or municipal corporations. or
the engineers or managers Of machin-
cry IN factories and other institutions.
This subject lie suggested by an .arti-
Gle that appears in the American
Physician, entitled Medical Malinger-
ing and Intentional Fraud" It gives
number Of particulars Of eases, in
which the pretended victims of railroad
and other accidents succeeded IN de-
an In obtaining heavy damages against
| the companies made responsible and
yet the whole assumptions were fraud
| ulent.
1
who, after railroad accident, foigned
insanity. deceiving three reputable ply
sicians, In whose care he remained Tor
nine months, and after two court trials
obtained verdict Of $4,000 damages
but at last under severe medical
test. confessed his fraud.
The cases are narrated OF a whole
family by tho name Of Freeman, con-
sistng OF the father. mother and eight
children, All OF unsavory reputation,
who carried on a business IA the line OF
getting damages for alleged injuries
from railroad companies during a Sc
res Of years. The accidents varied
from the sudden starting OF cars to be-
ing thrown from the seat by rounding
curve, slipping on banana peel. or
falling OH the back through the bump
ing of cars together resulting In pre-
tended paralysis Of the lower limbs,
and kindred injuries. We need not re-
late in detail the symptoms which
were reported by the physicians. but
suffice II to say that this family NOV
ed about from Chicago to New York, and
succeeded In obtaining various amounts
from different railway companies o.
from 800 to $500 each. They were final
ly exposed and several of them arrest
ed and these cases were demonstrated
TO have been absolutely fraudulent.
Another case Is exposed Of star ac-
tor on the Malingering stage IN which
a man by the name OF Moffett prose-
cuted over seventy claims and obtain
ell a total sum of about $4,000. We
do not give the particulars OF the
schemes resorted TO by this expert In
fraud, because they might afford hints
to other dishonest persons TO initiate
the performer. He was finally exposed
and sent to the penitentiary in Iowa.
An amusing incident In the story OF
impudent fraud IL related OF plaintiff
In n suit for damages against a street
car company. who claimed that he had
been so injured by an accident on their
line that he was unable to raise his
right arm TO a horizontal position. on
cross-examination the counsel for the
company fred questions at him rapidly
and then called upon him TO show how
high he could raise his arm. only
this high" said the witness, lifting his
arm with apparent difficulty, a few
inches from his side, "And how high
could you raise IL before this unfortu-
nate occurrence" asked the lawyer.
suddenly. 80 high" answered the
witness raising the injured arm
above his head.
There are cases. no doubt, In which
people who have really been injured In
accidents for which companies should
be held responsible, yet fail In obtain
Ing their Just dues through the adrolt-
nos Of attorneys for those companies.
by making It appear that the plaintiffs
were guilty OF "contributory negli-
gence." Also that occasionally COM
plalnants obtain nothing on trial. az
ter having declined a fair compromise
sum rendered to them by the agents OF
such companies. You never can tell what
a fury VIII do. But on the other
hand the sympathies Of Jury usually
run against moneyed corporation. In
nuenced by the idea that the company
IL rich anyhow. and the complainant
moor. and so justice does not receive Its
own,
A fraudulent claim against wealthy
corporation is just as dishonest as an
attempt TO rob a poor person or firm.
| II should receive no endorsement, but
| OH the contrary. should meet with pun
| ,shment as well as failure. There are
| railway companies which have expend-
| ed much OF the profits accrung from
their business In the payment OF claims
| against them for damages. The Brook
| lyn Transit company for the year 1901
| reported over a million dollars paid out
FOR personal injuries and expenses incl
dent thereto, a sum representing nearly
10 per cent OF the gross receipts OF the
company for that year. We are not
apologizing Tor the negligence OF any
person or company responsible for In
iuries received by any individual
through accident. Nor do We offer a
word Of blame to people so injured, who
endeavor to recover by law that which
they ought to receive by voluntary pay
ment. But we do deprecate the disposl-
tlon, often exhibited, to bleed rich
company in favor of plaintiff who has
no Just claim for damages. Fairness
and equity ought 10 prevail IN all suits
OF this character, and physicians ought
70 be exceedingly careful in their in
designations OF injuries claimed to have
been received, so that malsering shall
not be encouraged and that deliberate