The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-04-13
Compromise Effected Yester.
day in the Henry County
Court Whereby Plaintiff
Receives S. 900.
RECEIVES THE MONEY
FOR LOSS OF. HIS LEG.
Case Had a Protracted Ca
reer, From Circuit Court
Through Appellate Court to
Supreme Court.

Supreme Court.
When the case Of George SchepmaN
VS.. the p. c.. c. & st. L. railway CON-
pany was settled by compromise In the
Henry circuit court yesterday. the de-
fendant company agreed to pay the
largest damages It ever did for the
loss OF leg. The compromise agree
ment is said to have been 5000.
Schepman is a merchant tailor Of this
city. When the case was heard In the
Henry circuit court. the jury returned
verdict in favor of the plaintiff and
assessed the damages at $12.asO.
Schepman's case has had q prutract-
ed career. II was filed first In the
Wayne circuit court and upon 4 change
OF venue asked for by the defense. was
sent to the Henry circuit court. At
the start the railroads counsel sought
to have the case thrown out upon a
technically relating to the vasidity OF
| the complaint.
Held Complaint Coed.
Judge Fox held the complaint GOOD
and the first trial began ut New Cas-.
tie, In September. 1905. It was aIleg-
ed that while returning to Richmond
from Indianapolis on the night Of Feb
ruary "a. 1905. Schepman fell from =,
train that was advertised to be made
up Of vestibuled coaches entirely. Tho
complaint averred that unknown ID
Schepman. ono Of the coaches was nnt
vestibuled and while the plaintiff Vas
lQaaAi1G fpQm one, coach. to anothee he
va tkroWA on tho platf6Fm ~ Z lureA
of the train, and one leg was severed
Damages to the extent Of 10000 was
asked In the original complaint.
When the Jury awarded Schepmau
$12.S 500. It broke all records. The In.
diana statutes place the value OF a
mans life at $4,000 and It seemed sur
pr1sing that jury should regard the
loss Of limb Al more serious than
death. Many attorneys declared the
verdict would not hold. as It would be
set aside on the grounds Of excessive
damages.
| To Appellate Court
The railroad company took the case
to the Appellate court and the finding
of the lower court was approved. Again
the railroad appealed and In the circuit
court, Judge Hadley In writing the
opinion. made q finding on technical
ity that reversed the decisions OF the
lower courts He ordered the case
back to the circuit court for q re-trial.
It was the retrial that opened at New
castle yesterday and closed after tho
jury had been impanelled. upon tbs
courts instruction. because Of the CON-
promise.
Shiveley & Shfveley. represented
Schepman In the transaction. In
speaking Of the case today. ray K.
Shiveley said he believes the amount
the defendant agrees to pay IL the larE-
est ever paid by the Pennsylvania COM
pany for such an injury. He declared
he does not believe the company agreed
to pay this sum simply ~ representing
the value OF the limb. but to avoid 9TH
er points that were Involved In the pro-
ceedings. Shiveley believes the conn.,
pany did not want to have . ruling Of
the courts n to vestibuled trains e.
tablished as = precedent
0odsed the lesass.
He claims the company did not want
the courts to pass on the question of
whether or not q train with one unves-
tibuled coach could be held to be Q
! ''vestibuled train and advertised as
such. and agents solicit patronage up-
on that representation. A ruling
| against the company in Indiana would
be great influence toward similar
rulings by the courts q otAer states
Schepman wasffeturnlng To th1s city
on what was then known - ty1dn No.
2. and advertised ~ . thoroughly ves-
tibuled train. Az he passed ffu0 oHe
coach to another he was thrown of
and the wheels passed over his Les.
Suffering excruciating pain. he crawled
across fields covered with snow and ice
to farm house. where he obtained ~
sistAnce. His foftitude was remaFkar
BILE. When he arrived he MAS COM
pletely exhausted and II Was With diffI-
Guilty that he was aroused after sWoonr
ing. He LETT tran q blood the en-
tire distance. plainly marked On ths
snow. He was taken TO Irvingtoa
later. and ~ soon q able to recover.
brought home. He now walks With n
artificial limb.