Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-02

the opening OF court.
The taking of testimony in the $4,000
personal damage action of Mrs. Caro-
line Danforth of Maiden, Mass,
against the Maine Central Railroad
was resumed at the opening of the
supreme judicial court Monday fore
noon.
The first witness placed on the stand
by the defense was William Dodge,
foreman of the Maine Central bridge
crew. Witness was employed by the
Maine Central Railroad in July 1908
to make repairs upon the trcstle at
Gardiner west of the station. Witness
kept planking upon the ties of both
| the east and west bound tracks TO"
the benefit of passengers, While the
work upon the trestle was in progress.
| Planl<ing laid on the ties had been in
| use at this station for 10 years or more.
Edward Wright of Dam2riscotta
| testified that he was member OF the
Maine Central bridge crew employed
| at Gardiner in July 1908. Witness laid
the platforms between the two tracks
and panks We're also laid outside of
the tracks. The planks we're hard
| pine, Pinch planks laid on the ties.
| The rails We're 5-inch rails. Witness
| on cross-eXamination stated that the
| conditions of which he spoke existed
two days previous to the accident.
James NJ. l.. Bates. agent of the
| Maine Central Railroad at Gardiner,
| testified that on the day OF the acct
dent to Mrs. Danforth he was en-
ployed by the road for 90 years and
| during that time the planlling to the
! south of the station had been laid on
the ties. Mrs. Danforth arrived at
| Gardiner on train II due to leave Car
diner at 221 P. NJ. The number of cars
making up the train was 10. Witness
| visited the scene of the accident at
about o'clock The planking between
| the tracks and between the rails was
ali in place and extended about the
length of the building opposite. Wit
ness stated that the rail projected
above the planking from an inch and
| a half to an inch and three quarters.
| Gaylon Keller OF Portland testified
that he was acting as brakeman on
train II due 10 leave Gardiner at Pr
p NJ on the day of the accident to
Mrs Danforth. Witness alighted from
| the train at the Gardiner station be
|
Danforth alight from the train and go
| towards the station. Attention of Wit
ness was again called to Mrs. nanforth
| after she had fallen. Witness assisted
| Mrs. Danforth to her feet.
! John II Wright. for "a years bag
! gage master of the Maine central
| Railroad at Gardiner. was the next
witness called. TIL" planking to the
| west OF the station had been used as
far back as he could remember for
| the passengers to alight upon. The
| two PuImans and train II. being long
| trains, discharged their passengers
there The overhang of a car was at
| least two feet. The platform at the
| station for $50 Feet was practically
flush with the rails. Witness on cross
! examination stated that below the
| crossing the planking extended sc feet
| between the rails of the west bound
track and l76 feet between the double
| iron.
| DR. Edville G.. Abbott of Portland
testified that he had received his med-
cal education at Harvard Medical
School, the University Of Berlin and
at Vienna. Witness examined Mrs.
Danforth Jun 5. 1909 at Gardiner
Found no permanent injury to the
knee of the patient. The feXion of
the knee was practically normal. Wit
| ness noticed an irregular shaped scar
| two inches long on the under side of
| the knee, but there was no indication
/ that gangrene had ever existed in the
Joint. The plaintiff limped slightly.
but witness could not tell from what
Il cause. Witness OF cross-eNamination
l stated that there might be weakness
of the muscles from lack of use, rather
than in the structure of the knee
| joint.
II DIR. O. c. s. Davies of Augusta testi-
H fed that he had been engaged n prac-
Il tice since 1883 in Augusta and New
il York. Was on the Surgical staff of