The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-05-12
VERDICT OF $500
AWARDED TO
". R. JONES
H. C. White Company Of North
Bennington Defendant
SUIT WAS FOR $4,000
Plaintiff Claimed to Have Received
Injury From Piece of Flying
Iron.

Rutland, May PA verdict of
$500 in favor of the plaintiff was re-
turned last night at 545 O'Clock by
the jury trying the case of W. X.
Jones of Granville, n. Y, against the
II. c. White company of North Ben
nington. The jury was out one hour.
In this case the plaintiff was suing for
damages amounting to $4,000, claimed
as result OF an accident while in the
employ of the defendant company, OPP
Grating one of the power presses. The
plaintiff claimed that a piece of the
collar to the machine upon which he
was at work flew off striking him in
the shoulder and causing him INJURY
from which he has not yet recovered.
The case has been tried in Federal
court before Judge Learned Hand Of
New York and has been very short,
there being few disputed facts in con
nection with the injury. The ques-
lions of the employers liability and
that of damages were the ones raised.
Attorney T. w. Moloney represented
the plaintiff and Attorneys o. NJ. Bar
Der and r. e. Healey of Bennington
appeared for the defendant company.
Eugene Lawson of North Benning
ton, an employee of the II. C. White
company, was called NV the plaintiff
at the opening of court yesterday
morning and he explained the work
ings of the press and the location of
the collar which caused the alleged
injury to Mr. Jones. He was working
on a press at the time >of the acct
dent and he was near by when II Tap
pened Witness said he had seen he
crack in the broken piece and that he
also saw the part after II was broken
and in his estimation about one-third
of the collar flew off
DIR. David Gleason of North Ben
nington. the physician attending
Jones. was the next witness called.
He testified that the muscles and ton
dons of the shoulder were injured by
what ne considered a. blow. There
was spot about an inch and half
which was discolored near the place
where the collar bone joins the sAoul-
der.
On cross examination by Attorney
Barber DR.. Gleason said there was no
dislocation of the shoulder joint or
cracking or breaking of the collar
bone. DR.. Gleason testifis,. that he
also cxl lin, 4 the shor'fer about
three wr,hs Il tor the accident and il
appeared IT, Le normal. He said the
muscles were bound down t. some TX.
tent bus n inns time he advised MIR.
Jones to do some light work
On redirect examination by AJtCr-
ney Moloney The witness sa.1 that he
knew CT n we in j'ry to the arm
which Was nut cured when he last
saw the plaintiff
The plaintiff rested its case at 10
O'clock and 'o,l1wmg ten minute re
ces the defense took mp It's side of
the case.
w. d. rompkins, foreman of 5he
press room said he had noticed the
crack in he collar which was broken
for at least three months and that In
his opinion nothing prohibited the
opertor seeing II as he sat in his chair
working the machine. 1t was about
two feet from his shoulder as he sat
in the chair Witness said that on
the morning of the accident Jones re-
ported the break to him and he in
structed him to change the dye on
to the other press and when he went
to the door of his room he saw Jones
at work. AT this time Jones told him
he had been struck in the shoulder
indicating point between the should
er and the neck. Mr.. Tompkins said
that he had sole charge of the presses
and that he inspected them once a
week.
Edward Worthington of North Ben
nington testified that he was in the
room with Mr. Jones the day he was
injured and that he did not complain
to him of being sick, but that he saw
the chair tipped over. He did not see
the plaintiff fall.
Herbert G. White of North Benning-
ton testified to knowing of the crack
in the collar which was found broken.
Both sides had rested their cases
at o'clock and the opening argu-
ment was made by Attorney Moloney.
Attorney Healey opened for the de
Tense and Attorney Barber closed for
this side, Attorney Moloney complet-
ing the arguments with a plea in be-
half of the plaintiff
Judge Hand charged the jury for
about an hour, using the exhibits in
the case. Exceptions were taken by
counsel on both sides to the charge.
The jury were finally given the case
at 4:45 o'clock with Instructions that
the court would await. their verdict.
In one hour they returned verdict
awarding the plaintiff $500.