Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-01
Personal Damage Suit
Brought by Mrs, Danforth
For Injuries Received While
Crossing Railroad Platform.
Plaintiffs Testimony All in..0pe n.
ing Argument for Defense.

| The $4,000 damage suit of Mrs. Caro-
| line Danforth of Maiden. Mass, against
the Maine Central Railroad went on
trial Saturday morning in the Kenne-
bee county supreme judicial court be-
| fore Associate Justice Leslie C. Cor
nish of Augusta and when court adj
| journed for the day at $50 P. M. the
| testimony for the plaintiff had all
been taken and Attorney Charles f.
Johnson of Waterville had completed
| his opening argument for the defence
This case will probably go to the jury
sometime Monday afternoon and will
he followed by the trial of another per-
sonal damage action, that of John A.
ColtOrd of Augusta against the Cush-
noe Paper Co. of Augusta.
The Danforth case went on trial be-
fore a drawn jury of which E. H. Cook
Of NaSSalbOrO was foreman. Hon. Her.
bert M. Heath of Augusta appeared
for the plaintiff and Hon. Charles F.
Johnson and Carroll n Perkins of Wa
terville for the defendant corporation
The injuries alleged to have been re-
ceived by the plaintiff We're sustained
at Gardiner as she left the Maine
Central train at that station on the af-
iernOon of July H. 1905, and it was
claimed by the plaintiff that she
trpped over a rail of the defendant
corporation, which was projecting
above the PLATFORM resulting in the
straining of the ligaments of the left
knee and innicting other serious in
| jurieS.
| The first witness called was the
| plaintiff in the case, Mrs. Caroline f..
Darforth of Maiden, Mass. Witness
testified that she arrived at Gardiner
at 2.21 P. M. and stepped from the
train at a point south of the Gardi-
ner & Randolph bridge. Witness had
gone but four or five steps when she
| caught her foot in something that
pitched her violently forward. She
was dazed by the fall. but remembered
that people picked her up and took her
10 the station. Her nose was bleeding
and she could not step on account of
| the injury to her knee. She after
wards was taken to the office of DR..
Fred Strout. Witness further testified
that she remained four months in Car
diner and was obliged to pass the
greater part of that time in bed. Her
knee was better at the present time.
but there was still a constant weak
ness. Witness could walk on level
floor, but great difficulty was expert
enced by her in going up stairs or get
| ting into a carriage. Her nervous sys-
tenn was still affected by the injury.
Witness was obliged to employ a nurse
for Is weeks and was attended by sew
eral physicians. Her age was 81 years.
| Witness stated on cross-eXamination
by Attorney Johnson that she visited
Gardiner once or twice in each year
Witness on previous arrivals at Gardi-
ner had always alighted from the train
in front of the station, and had usual
| " come on the afternoon express. The
brakeman on the afternoon of the ac-
cident stood at the step of the car from
which she had alighted but did not Of
fer her any assistance. Witness was
unable to state whether it was plank
ing or ground upon which she stepped
on leaving the train. The conductor Of
fered her his handkerchief after assist
| ing her to her feet at the place where
she fell. She remembered the act he
cause her nose was bleeding profusely
at the time and she thought the act of
the conductor very courteous. Witness
had never suffered from varicose veins
previous to the accident.
Waiter Millett of Gardiner, an ex-
pressman, testified that he saw Mrs.
Danforth lying across the track after
the accident. She was about the length
of an ordinary passenger car below the
crossing and lay on the southbound
track and over the easterly rail. Her
IL
apparently struck the rail. Witness saw
the conductor help Mrs. Danforth to
the station. Was unable to remember
whether or not the planking was flush
between the rails.
| DR.. Fred Strout, practicing physician
of Gardiner. testified that he was called
/, to attend Mrs. Danforth at the time
, Of the accident. Mrs. Danforth was a
relative of his wife. Witness examined
the planking between the rails where
Mrs. Danforth fell a day or two after
the accident. There was planking be-
tween the Two tracks and between the
rails Of each track. The rails OF the
Southbound track projected two inches
above the planking for some distance.
Witness saw the plaintiff at the pas
senger station after the accident and
had her taken at once to his Office. He
found an examination of the plaintiff
that there was a confusion of the nose,
also blow to the left knee, which af-
forwards caused inflammation of the
membrane lining the knee joint. The
inflammation of the knee joint contin-
ued to grow worse after the accident,
and the flesh became gangrenous.
making a large wound, which was p
20 % weeks getting well. Witness
dressed the wound IS times. A scar
still remains on the inner side of the
left knee Witness testified that the