Norwich bulletin., 1909-05-28

man Brown of Scotland was injured Ion a passenger train of the defendant l Aug. IS, 1907, and that when the train approached Allyn's Point, @ station between Norwich and New London, a collision occurred in which plaintiff was thrown against the seats and to | the floor and sustained injuries about | the head, legs and body and that he suffered great pain physically and mentally.
 Plaintiff was put to much expense 1 for medical attendance and claimed l damages for S3,000.
 Most of the counts in the complaint were denied by defendant and espe- cially the one alleging injury to the plaintiff. but admitted that there had been collision.
 Berry & Steel of New Haven ap- | peared for the defendants and Attor- ney Andrew J. Bowen and Attorney i William A. King of this city for the plaintiff.
 Plaintiffs Testimony.
 Waterman F. Brown. the plaintiff, was the first witness. He stated that l he was 31. years old and lived in Scot land and that he had boarded the train at Norwich and sat in the fifth seat | from the front of the car. About a mile from Allyn's Point he experienced jar and from its force was thrown forward and over the seat and knocked unconscious and when he regained his senses was alone in the car and hang | ing over the seat. He left the car and | saw that a collision had taken place ! retween the passenger and a freight | train.
 l He told of seeing a --annan with a cut upon her face. The engines of both trains were smashed up quite | badly. He went on to New London | z.~q-, | him to go home. which he did, and sent l for Dr. l. B. Gallup of this city. who told him that he would be all right after a time, but that it would be some l little while. Dr. T. M. Hills was called later and treated him from November until January, when the doctor died. | He was put on diet by the doctor for | diabetes and gradually improved. un- | der the treatment.
 l Following the injuries to his back he did not sleep well, suffering from nightmare and nervousness, while prior to the accident he enjoyed good health and had not required medical aid for years.
 Stated that he was a farmer and said that he peddled fruit and vegetables in this city, averaging on good days from | $S to $10 per day. He had been unable to peddle for almost a year following 1 the collision and had consequently lost his trade that he had established. He | had to sell a portion of his stock, as he could not care for it, and he could not now do farm work, as 1t hurt his back to blow. Claimed he could no longer even carry bushel Of potatoes upon his back.
 Said that he had paid Dr. Allen s1 Dr. Gallup's bill is unpaid, had paid Dr. Hills s45 and owed his estate $S5 | still; he considered that he owed his mother at least s100 as a nurses ser vices. He had been gradually failing | in health ever since he was unable tc do farm work Told of being examined Monday by a physician for the defense | and that same made him so nervous that he could not sleep that night. I On Cross Examination.
 On, cross examination witness told oi walking from the scene of the collision for about a mile to Gales Ferry and crossing took a trolley for New Lon- don and said his back did not trouble him much at that time. He was moi | confined to his bed at any time. Il was found that he had peddied quite a little more than he claimed since the accident.
 Mother on Witness Stand.
 Mrs. Annie s. Brown, mother of tht first witness, was next called. She I IGSIluGu lO L1C 6uoCL llldI hCT bbL ebA ways lived at home and that he was 2 strong, husky and healthy man be- fore the collision and that he was un- able to do any work for a year there. after. Claimed that he spit blood fol period of two or three days and thai she was greatly frightened thereby and | alarmed as to his condition. Said thai Ee had done some work this past year but nothing of a hard or heavy nature Mrs. Brown said that Waterman sui. fered severely from nightmare. Sh' said that she considered $100 faii sum for her services while son wa, injured. Told of his crying at times and having hysterical attacks tha would last for twenty minutes or mor' and that he frothed at the mouth ant that his eyes rolled in their socketl and that he suffered excruciating pain
 Case Settled for $f f,265.
 recess was taken at 12.30. Whel court came in at 1.30 p. m. it was e nounced that the case would be satis factorily settled without being contin ued further with the trial and cour was adjourned until this morning at o'clock for short calendar session ant assignment of cases. Attorney A. Bowen, one of the lawyers for tn, plaintiff, said that the defendants hal agreed to $1,265 to MT. Brown.