The Barre daily times. (Barre, Vt.) 1897-1959, 1911-03-21
QUARRY ACCIDENT
CASE ON TRIAL
Plaintiff, 0nesime Norm, Testified To-
day in Suit Against Jones
Bros. Co.

HE piaintlfl, Dnesnne M0rn, was on
the stand III Washington county court
this forenoon in his suit against Jones
Bros. Co. in which he seeks 5000 dam
ages for injuries sustained on the de-
fendant companys quarry one year ago
vhFh one Of his legs was fractured
The plaintiff described the accident much
a. witnesses did yesterday when the
case WAS started He also told about
visiting his brother III Quebec, after the
accident. and then hiring out for cor
respondence school. II was brought out
that he was getting SIS week and
commissions ranging from 50 TO Sl2
from this employment
As TO his physical condition. he de-
clsred that the leg still gave him pain.
shat he was subject TO rheumatism and
that the condition OF the leg kept him
from sleeping we'll The leg was broken
by rock living from blast
In outlining the case Yesterday after
noon. attorney S. Holtister Jackson said
that NORM was employed I'll the light
granite quarry OF the defendant as
steam driller and On March ;, 1910, re.
ceiyed q compound fracture OF the left
leg when he was hit by stone hurled
by blast with which he had nothing
to DO. After the blast was made ready
70 sot of. tie signal was given to the
men and MORN ran to a safe place, but
the blast was not properly prepared, pro-
tected and blown of under the direction
OF the superintendent
Mr. jackson said that counsel for the
plaintiff intend to show that stone
was placed over the blast before it was
set of aud owing to the peculiar situa
tion Of the blast there being solid gran
ite about it, there was only ones way
for the stone thrown bv the force OF
the explosion and that way was IN
the direction of the place where the
plaintiff stood The stone that struck
Norm was hurled with terrific speed
striking the plaintiff, who was con-
siderable distance away, and iniuring
him.
Jurors were drawn as follows: F. 7.
Batchclder Of Woodbury., George Ford
Of Warren. Charles n lee Of Roxbury
Charles Fl Rowland Of Cabot. George
Smith of MONTPELIER Fred A. Hills Of
Middlesex. r. B. Van0rnam Of Calais
r. w. Howes OF Northfeld, ?. H. KERN
Of Aoretown. Orrin Hills Of Duxburv
Enoch Campbell OF Barre Town and lee
Townsend of Marshfeld
After the outlining Of the case. Joseph
MORN. a brother OF the plaintiff, was
put on the stand He testified that he
was employed in the quarry the day his
brother was Injured. but did not see the
stone Av. lie did not see his brother
until after he was injured He said
he had placed large piece of grout,
weighing 5000 pounds. over the blast,
under the direction of the superiuten
dent before it was set of, and in lower
ing the stone the chain on the derrick
broke and let il fall onto the blast.
striking in slantng position, and it 4
was not moved He said his brother
was 375 feet from the blast when it
went Off. Heavy blasts We're often Gov
cred with a heavy stone in order to keep
pieces Of loose stone from flying. and
the stone that hit his brother did not
take the same course a stone usually
takes. but took direct course, as if shot !
from a gun.
Sam I.apan testified that at the time
Of the accident NORM Ralph Binal. Nel /
son Pelkev and he were running steam /
drills on the bed OF the quarry within [
a few feet OF each other, and ON hear /
ing the signal for the blast Binal and I
Pelkey ran to small cave in the head I
en-. but as there was room for only two \
NORM and he went to the pump house /
wheer they thought they were safe /
When the blast was set OIL, he SAW the 4
stones coming toward them' and lodged 4
one the size 81 a water pail and an
other smaller one struck NORM in the 4
leg. He said the stones came like shot .
from gun. and Il was hard work dodg 4
ing them. On cross examination, Lapan
said he and NORM had time TO get back 4
Of the header or even get out Of the
quarry between the time of the blowing
of tho whistle and setting of Of the
blast II they wanted to.
Wilfred u. Sanders testified he is su-
Derintendent Of the quarry iH which the
accident occurred and was 50 employed
it the time the plaintiff was injured. He
said he he'd complete charge OF the quar-
rv and had directed the placing of the
piece of erouf over the blast by which
he stone was thrown aud had directed
setting of the blast On cross-eNamins-
lion he said the stone was placed over
Inc blast III order to protect the ma
shiHery IL the quarry from hyiug stone
and 10 protect the employe q signal
was given 10 warn them He said the
stone. as il rested on the blast 0uly
protected the front 81 II.