Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1908-02-12
AGAIN SUING
CITY RAILWAY
This Time Mrs. Clara M.
Elliott Asks DAMAGES
For Injuries
X-RAY PHOTOGRAPH
AN EXHIBIT in CASE

In Superior Court this morning trial
of the damage suit of Clara NJ -l-
lott VS.. the Wilmington City R3kl-
way Company was begun, ]. Frank
Ball for the defendant ard Herbert II.
Ward and Walter H. Hayes for the de-
PENDANT company. Mrs. Elliott asks
damages for injuries received by being
thrown from a car of the defendant
company at Fourth and Market streets
on the night Of July 16, 1906.
Under oath Mrs. Elliott said she
was on her way home from Chester at
the time of the accident. She boarded
the company's car at Third street
bridge and when the vehicle came to
"a stop at Fourth and Market streets
she started, with other persons, to
alight from the car. AS she did, the
car started, throwing her, and a baby
she held in her arms, to the ground.
Mrs Elliott said the injuries she suf-
fered have afflicted her ever since. She
wore a copper shield about her right
wrist to prevent her wrist from SWELL
ing and causing her great pain. she
said, and for a year after the accident
was prevented from doing her house
work because of her injuries. Mrs. Ell
lott also said she had been unable to
dress herself, unassisted, for a long
time after the accident.
That the case will be fought hard
by the defendant company was evil
denced when DR. J. C. Robinson. an
X-ray expert, was called to the stand.
Mr. Ball handed the doctor an X-ray
photograph of a hand, which clearly
showed a fractured wrist bone, and
asked him If he could identify the pho
togreph. He said he could. He was
not positive, however, that the photo
graph was that of the hand of Mrs.
Elliott, although he thought it was.
DR.. Robinson also fixed the time of
taking the photograph at about two
years ago. He was not positive of this,
however. He was satisfied, though.
that the photograph was his work. Mr..
Ward, for the company. objected to tn
admission Of the doctors testimony, on
the ground that the witness had fixed
the time Of taking the photograph pre-
vious to the time Of the accident. The
court agreed with Mr. Ward, where
upon Mr. Ball had DR.. Robinson leave
the stand Then he called Alfred NJ.
Elliott, husband of the plaintiff. Mr..
Elliott said he accompanied his wife
to the office Of DR.. Robinson six
months after she was injured by being
thrown from the car. and that the
X-ray photograph of the injured hand
shown was that Of his wife's hand as
taken by DR.. Robinson. The photo
graph was offered in evidence after it
was shown to the jurors.
DR.. ]. p Pyle followed Mr. Elliott
to teh stand The doctor said he first
attended Mrs. Elliott one year ago, at
which time she was suering from a
broken bone in the wrist. A subse-
quent examination again disclosed the
broken bone The injury, meanwhile,
had improved somewhat.
DR.. Oliver J. Gray. who has attended
Mrs Elliott almost continuously since
the accident, told of the woman being
badly bruised as a result of a fall. A
bone in her right wrist was also broken.
DR.. Gray told Of his treatment of the
wrist injury. He examined the X-rsy
photograph and said it showed bone
injury such as Mrs. Elliott suffers
from. Mr.. Ward cross-examined the
doctor to some length, bringing out
much testimony OF a medical nature
tending to show that If Mrs. Elliott
oculd stand THE pain long enough the
injured bone might become restored
without the aid of the copper SHIELD.
Then DIR. Pyle, upon being recalled,
said Mrs. Elliott was suffering at the
present time from q shrunken bone in
the wrist which might become restore
if Mrs. Elliott could use the wrist The
doctor said the plaintiffs, no doubt, suf-
fered much pain from the accident.
Mrs. Emma d. Harting said she saw
Mrs Elliott thrown from the car. and
Mrs. Maggie Alvanses, Mrs. Vina Hen
derson, Mrs Lydia Elliott. and Mr..
Elliott, husband of the plaintiff, told
Of Mrs. Elliotts suffering following
the accident
Trial of the case will be resumed this
afternoon.
Judge Boyce charged the jury in the
damage suit of Valento VS.. the Ameri-
can Bridge Company this morning, out
verdict had not been agreed on at
/ o'clock.