Daily Kennebec journal., 1910-03-12
William vigue Gets Ver-
dict Of S495O
In Damage Action Against l.,
A. & v. Street Railway.
waterviIIe Case Involving Election
Of Sick Man from Car.

| the hennebec county supreme judicial
! court in the personal damage action
of William Nigue VS.. Lewiston. Au-
| gusta & Waterville St. Ry. The Water
| vile case of Pooler, AdmX. vs. Water
vile & Fairfield Railway & Light Co,
went on trial as soon as the Vigue case
went 20 the jury. This is a case involv-
| ing the election from car of the de-
| fcndant corporation of the plaintiff s
| intestate while suffering from appo-
| pleXy. from which he afterwards died.
| Seven witnesses were called for the
plaintiff before adjournment and sew
eral more will be called in the morn
ing 1t is expected that this case will
consume the entire day today.
Tie defence in the personal damage
action of William Vigue of Augusta
VS.. Lewiston. Augusta & Waterville
Street Railway resumed it's testimony
at the opening of court Friday morn
ing. The cross ss-eXamination of George
Reward, the motorman of the car on
which Vigue was injured. was resum-
ed by Attorney Maher Witness never
heard until Thursday that there were
but two steps on the car. Witness told
Mr.. ClOutier that he had rather not
go on the run on the day of the acci-
dent for the rail was slippery and bad.
Merton L. Taylor was called to eX-
plain sketch of car No. 10 of the
Lewiston, Augusta e Waterville Street
Railway introduced by the defence.
Theophile Diets of Lewiston gave his
testimony through Interpreter Bisson.
Witness was one of the men on the
gravel car when the accident occurred.
The car slipped down the hill three
times. Witness saw Viguc when he
stepped back on the car. Niguc was
trying to get the trolley wire ON. Wit
ness couldn't remember whether the
car had two or four steps.
Attorney Heath-"Is it just as easy
to get onto the car over the draw par
hanger as by the steps?''
Witness-"That is a matter of taste.
AXalic Thebarge testified that he also
wa.' one of the men employed on the
gravel car at the time of the accident.
Witness always got onto the car by the
sep but did not notice how many steps
there were. Witness was frightened
and jumped off the car when the troll
ley wire got caught in the guy wire
Paul Willett testified to being one of
the gravel car crew at the time of the
accident. Witness saw Vigue running
alongside Of the car with the trolley
rope in his hand. The car had four
steps. Witness jumped off the car
when it was going down the hill the
last time. Didn't remember whether or
rot anyone jumped off the car with
him. Witness saw Nigue on the
ground after he was struck by the
post, but did not see the accident.
John Shanahan, another member of
the gravel crew. testified that he left
the car to put gravel on the rail the
first time the car slipped on the hill.
The car had four steps on the day of
the accident. The draw bar hanger
was used considerably by the men in
getting on the car.
William f.. Bassett of Livermore tes-
tilted to seeing Vigue jump from the
car to the ground near him. Witness
was putting graved on the track. He
was on the side next the road. The car
was already running backwards at the
time. Witness on croSS-eXalnination
testiled that he did not see Vigue
when he struck the post.
Joe Hans of Auburn testified to
working on car No. 10 on the day of
the accident. Witness had worked on
the car at different times previously.
The car had four steps on the day
when Vigue was hurt Witness re-
manned on the car each time that it
ran back and was on the car when
Nigue was hurt. Witness saw Figue
when he jumped onto the step. Vigue
l,aI f1n ~, l,ie nd
was trying to get the wheel onto the
wire. Witness did not notice that Nigue
was trying to get any further onto the
car. 1t was about as easy to get on
over the draw bar hanger as over the
step. Witness on cross-examination
testified that Vigue put his left foot
on the step but didn't sec him put
either hand on the car. Witness was on
the front end of the car with the mo-
tornan. Witness did not hear anyone
call out to Vigue in French, look out
for the post" Witness on cross exam
ination testified that he saw Niguc
when he struck the post. but did not
know how hard the post hit him.
DR. Q. c. s. Davies of Augusta. a
practicng physician since 1883. test-
ted that he examined the leg of the
plaintiff last Monday afternoon. The
shortening was about pig inches. The
difference in circumference between
the injured leg and the other was y of
an inch at the thigh and :, at She calf
This atrophy or shrinking was no more
than would be- expected in leg that
was not used for several months. Wit
ness found no injury to the nerves af-
ter making the venal test. Some i'm
pairment of the motion of the knee
Joint was noticed but witness did not
consider it permanent Witness did
not think that with a shoe extension
the plaintiff would be obliged to use
crutches or cane permanently. Wit
ness on cross examination admitted
that the plaintiff would always be
lame.
DIR. \. II. Sturtevant of Augusta.
practicing physician for eight years
testified that in his opinion the injury
to the PLAINTIFFS leg had not caused
anv more atrophy than wouid be
oo,.sad hy disease of the log for sever