The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-05-11
CLAIMS DAMAGES
OF SSO00FR0MH.
c. WHITE & CO.
Suit of Granville Man Against
North Bennington Concern
TRIAL IN FEDERAL COURT
Plaintiff Claims to Have Been Injured
by Piece of Flying Iron While
Working for Defendant

Rutland, May ia jury was en-
panelled and the taking of testimony
started in the negligence case of w.
II. Jones of Granville, n. Y, against
the H. c. White company of North
Bennington in United States court
Yesterday afternoon. This is a case
in which the plaintiff is attempting To
recover damages claimed as result
of an accident at the plant of the de-
PENDANT when Mr. Jones was struck
with a piece of flying iron, breaking
his collar bone and injuring the ner-
yes of his right arm. Judge Learned
Hand of New York is presiding, Judge
James l.. Martin of Brattleboro being
disqualified through business relat-
ions. Attorney 7. w. Moloney of this
city appears for the plaintiff and At
torneys o. M. Barber and h. Il. Healey
represent the defendant company. The
suit is brought to recover $4,000.
The first witness called by the
plaintiff was Mr.. Jones, the plaintiff.
He testified in substance that he had
been working for the II. c. White
company running press for about
eight weeks. receiving $40 a week.
Mr.. Jones said that on the morning
of November |, 1907, he was working
as usual on the press when the first
| thing he remembered he picked him
self up from the floor. He said he did
no suffer any particular pain, but
thought his shoulder felt funny. He
found nearby a piece of a collarwhich
went onto the shafting of the machine
and he supposed this was what hit
him. The piece of iron weighedabout
five pounds and was evidently broken
in two. He thought that part which
was broken showed the piece had
been cracked for some time and was
held only by a small piece which ap.
peared like fresh break.
Witness said that he attempted to
work after the accident, but noticed
that he had but little use of his right
arm. He went home at noon, had the
arm dressed by DR.. Gleason. He said
| he then went home to Granville, n
| Y, where he suffered considerable
pain, later going to the Albany iCty
hospital for treatment Mr.. Jones
said his arm was almost useless and
that frequently he suffered pain and
was forced to lose time at his occu
patton. He told he jury that he was
unable to work for about seven
months.
On cross examination Mr.. Jones
said that at the present time he was
working for Norton Brothers at Gran
vile, n. Y, driving team and receiv
| ing $40 month.
DIR. Charles S. Caverley of this city
testified to making two examinations
of the plaintiff and he thought at some
time the shoulder had received a sew
ere blow. There was a wasting Of
the shoulder and arm muscles and he
was of the opinion the forearm was a
bit larger. The shoulder bones show
ed, through the X-ray separation
and thickening. There was also {
dislocation of the collar bone neal
the shoulder joint causing a slight
deformity of this shoulder DIR. Cav
erley stated that in his opinion tn,
man had also suffered from an inflam
nation of the nerves of the arm
above the elbow.
On cross examination by Attorney
Barber, DR.. Caverley admitted tha
the man at some time might have {
fairly serviceable joint out of the
shoulder, but he was not of the opin
ion that it would ever be quite a pei
feet shoulder.