Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-05

The examination of James O.
Stewart the plaintiff in the $4,000
damage suit against the Lewiston,
Augusta & Waterville st. Ry., was
continued when court opened Thurs
day morning. Mr.. Stewart showed
the jury scars upon the chin and face
Of wounds inflicted as a result Of the
accident. Witness discovered after he
had been in the hospital two or threa
weeks that he could not see as well
with his left eye as formerly. Wit
ness was incapactated for business
until April of the present year. Wit
ness on cross examination testified
that his hearing was good at the time
of the accident and was not conscious
of being near sighted. SO far as he
knew Mr.. Martin had no difficulty
with his hearing or sight Plaintiff
stated that his business was the sale
Of stocks and bonds. Witness had
been over the crossing in a team at
least a dozen times and in the cars
probably 80 or 40 times Witness
denied that he had been drinking that
day and stated that 50 far as he knew
Martin had not been drinking. Wit
ness had worn glasses for about 90
years previous to the accident
DR.. A. II. Sturtevant of Augusta
testified that he was called to Dudley's
Crossing by Superintendent Taylor of
the electric road on the afternoon of
the accident Witness did what was
necessary for Mr.. Stewart in order to
take him to the hospital He later
made thorough examination of Mr..
Stewart at the hospital. Witness
found fracture OF the plaintiffs right
thigh and cuts on the head and face.
Several pieces of glass We're removed
from cut over the arch of the left
eye. The fracture of the thigh was
likely to cause more or less of a per-
manent limp.
DR.. oliver w. Turner of Augusta
testified that he made an examination
OF Mr.. Stewards eyes at the Augusta
General hospital. Nov. s and four or
five times since then. Witness
testified that both eyes have natural
defect known as far sightedness. The
vision in the left eye is one tenth OF
the normal acuteness and that in the
other eye six-tenths of the normal
vision. In the opinion of the witness
the acuteness of vision Of Mr. Stewart
in the left eye had been impaired.
Witness stated on cross examination
that his conclusions in regard to the
vision of the patients left eye We're
determined in part by answers made
by the patient.
short recess was taken at this
point in the testimony at which time
the jury in charge of two officers was
allowed to inspect the remnants of the
wagon figuring in the wreck, which
We're exhibited on the court house
lawn next Winthrop street.
DIR. J. f. Hill of Watervile testified
that he had examined the eyes of the
plaintiff James o. Stewart With
proper glasses the plaintiff had two
thirds vision OF the right eye and one
twentieth vision of the left eve,
Structurally the two eyes were about
the same. DR.. Hill on cross examina-
ton by Attorney Heath said Il feel
that his vision is better than I can
make him see"
The deposition of DR.. f. r. Easton
Of Boston who examined the eyes e
James o. Stewart, Mar. Il, 1909, was
offered by Attorney Thompson. Dr.
Easton dcpoSed that the sight of tho
right eye with proper glasses is two
thirds of normal vision and that of the
left eye one tenth Of normal vision.
The left eye is unable to read ordinary
print
Hon. Herbert NJ. Heath of Augusta
in opening for the defense admitted
that the car was running 80 miles an
hour at the time Of the accident AMI
made the last POO feet without slack
ing speed. but also stated that the
plaintiff did not use ordinary care at
the time of the accident
The testimony OF John Dudley of