Gilpin observer. (Central City, Colo.) 1897-1921, 1910-06-23
JENKINS WINS SUIT
Awarded $500 Damages for
Injuries Received in the
c. & S. Wreck.


company lost In the suit brought
against them in the district court
by John Q. Jenkins. H. A. Hicks rep
resented the Railway company and
unfortunately for his client took the
lead in the case, leaving r. H. Widdi-
combe. the company's attorney in Den
Yer. to act as a second. Had Mr..
Widdicombe conducted the case the
outcome may have been different. 1t
couldn't have been any worse for the
company, as Mr.. Jenkins was not
only awarded the $4,000 damages for
which he asked but $4,000 additional
for medical attendance. The defense
was weak to begin with and being
poorly conducted, it fairly staggered
before the case was through.
1t was suit in which John C.
jenkins sought to recover damages
in the sum stated above for injuries
received in a wreck on the Colorado
& Southern in May 1907, when two
cars overturned at point near
Smith hill. Mr.. Jenkins was riding in
one Of the coaches and when the car
upset was thrown on his left should
er and sustained a permanent frac-
ture.
J. NJ. Seright and ]. Med. Livesay
were attorneys for Mr.. Jenkins and
made strong case for their client
1t was evident from the outset that
Mr.. Hicks was sorely outclassed by
the legal giants representing the
plaintiff. The trial lasted from Mon
day noon until Tuesday evening. The
case went to the jury shortly after
seven o'clock Tuesday evening and it
was but a few minutes after eight
when a verdict in favor of Mr.. Jen-
kins was rendered. AS soon as the
evidence of the plaintiff was all in
the case was given to the jury with
out argument.
1t was an interesting case. The
plaintiff had numerous witnesses.
Among these were Drs. Abe Ash
baugh and Wilson w. Bredin, OF Den
yer. They testified as to the condi.
ton OF Mr.. Jenkins shoulder since
he met with the accident. Over the
objection of counsel for the defense
the shoulder blade and part of the
arm OF a human skeleton were used
to show the jury the movement OF
the shoulder joint. Mr.. Jenkins con-
sented to partial disrobing to display
his injury to the jury and counsel.
On the stand Mr.. Jenkins said the
injury had caused limited use OF
his left arm; that he was unable to
place the member above his head OF
straight out in front; that the pain
occasioned made his sleep at night
very restless and frequently he was
compelled to get up long before the
beauty-sleep period arrived.
Other witnesses who were on the
train when the accident occurred, tolt
Of the condition Of the track, saying
the rails were badly worn and the
ties had rotted. Counsel for the com
pany made no effort to show that the
accident was not due to the any
carelessness on the part OF the com
pany. Although their witnesses were
present. the defense did not call {
single one to testify.
Today the case Of A. G. Rummel
VS.. II. I. Hughes and B. F. Threewi
Is being tried. This is a suit To-
$7.700. Plaintiff alleges that the de
PENDANTS misrepresented the Hal
mine In Russell to him.
The case Of the People VI. Henr!
Moser has been set for July 1st
Moser IL charged with grand larceny
1t being alleged In the complaint filet
against him that he stole steel from