Alma record. (Alma, Mich.) 1878-1928, 1911-03-09
GETS JUDGE AENI
Against the Pere Marquette Railroad
Company for Personal Injuries
.E.E. HARRINGTON THE PLAINTIFF
Jury Awards $4,000 TO Man Injured Near
Alma Sugar Plant

The damage suit of Eugene +. Far
! rington against the Pere Marquette
Railroad Company, which was tried
in the Circuit Court last week, result
ed in the plaintiffs receiving a YER
dict for the sum Of five thousand dol
lars for injuries received through the
negligence of the railroad company,
which necessitated the amputation OF
Mr.. Farrington's left leg below the
knee.
During the fall of 1909, Mr.. Far
rington was in the employ of the
Michigan Sugar Company, working
about the beet sheds of the company.
The testimony in the case showed
that on the I'd day of November, 1909.
Mr.. harrington was ordered by the
foreman of the beet sheds to pick up
beets which had fallen from the cars
in the yards north of the sheds. The
tracks were lined with cars, it being
during the factory campaign, and it
was necessary for Mr. harrington in
performing his work, to go along the
tracks and between the cars. He had
picked up the beets along all the
tracks except the track nearest the
sheds, and it was while picking up the
beets along this track that he was
injured While he was at work the
switching crew brought a string of
cars up to the scales east OF the sheds
and began weighing them. There is
6 al
which the cars are shunted and al
lowed TO run down of their own ac-
cord.
The testimony tended to show that
there was a custom of the train crew
to warn the employees Of the sugar
company, who might be working in
the yards. when the cars were to be
shunted down the incline. and that at
the time Mr.. harrington was injured
the crew gave no warning that they
were going to shunt the cars down
the incline.
The switching crew had weighed
some four or five cars, when two of
them broke over and ran down the
incline, striking an empty car which
was standing upon the track near
where Mr.. harrington was working,
causing the car to strike him down
and run over him
Mr. Harrington testified that he
knew they were weighing cars, but
that he did not think they would shunt
any cars down the incline without
notifying him.
Judge Searle before whom the case
was tried charged the jury in very
fair and impartial manner with re-
gard to the rights OF both parties in
terested. and the jury, after consider
ing the matter for about an hour
and a half, brought in verdict for
Mr. harrington Of $4,000
The personnel OF the jury was as
follows: William Yerby Ithaca. fore
man; Elmer Bemis. Seville; Edgar
Ware, Wheeler; f. b. Wiles. New
Haven; James Wollston, Elba; John
Richards. Fulton; James \. Baker,
Nina: Lucius Bench. St Louis: Alvin
Hawkins, North Star; Oliver n. Mar
tin. Newark; John Housencamp, Beth
any; J +. Hydorn. Alma.
This was one of the most hotly con-
tested cases that has been tried in
our court for some time. The plain
tiff was well and ably represented by
Henry r. Rathbone of Chicago. and |
Prosecuting Attorney Charles II. Cog
gin Of Ithaca.
The case was prepared by George |
/. Cantwell of Chicago, who is very |!
proficient man in that line of the
work.
This makes 100000 in judgments |
which these attorneys have won in the
Gratiot county Circuit Court in the
last year, which of itself speaks well
for the able manner in which they |
handle this line of cases.
The defendant was most ably rep |
resented by George w. Weadock and |
Mr. Chapman OF Saginaw and John |
+, Mathews of Ithaca