The citizen. (Honesdale, Pa.) 1908-1914, 1912-04-05


point prior to the accident he stated
that there was big gutter there
about 10 or IL inches deep, stretch
ing the entire width of West street
and it had been there for some years
He testified that he had on previous
/ occasions business which took him
| across this ditch on West street about
every day. He told the jury that he
had told Mr.. Genung, a borough
councilman, of the condition of the
street at this place and that he al
ways laughed at him. Mr.. Menner
stated that he had met Genung a
few weeks prior to the accident in
Menner & Co.'s store, and told him
it was bad place and ought to be
attended to at once. He testified
that he had been taken to DR.. Reed
! Burns hospital in Scranton the same
day and was there about a week.
! He was taken to the operating room
where he was put under the influence
of either. while his shoulder was
being operated on which was dislo-
| Gated by the accident. The shoulder
blade was severed from the breast
| bone in such a way that it was nee
essary to wire it together. He suf-
| fered great pain and after a week
] Ndlue uOul6. ne l6SIlu6u 10 OluST
| bruises and abrasions about the
! body, on the right arm, on the neck
and also, stated that his right foot
was badly swollen and nearly all of
| his right side both up and down was
! bruised. His head was bruised and
! cut on the right side. After he
came home from the hospital he stat
! ed that it was five weeks before he
could sleep and he is yet unable to
| dress or care for himself. The use
! of his right arm was almst entirely
| lost and his accident rendered him
unable to do any work. His health
up to that time was very good and
he had worked every day. He stat
ed that he was obliged to pay out
! $1S4.i5 for treatment.
On cross-examination he stated
| that he had worked for Menner & Co.
| for "a years and continuously up to
! the time of his disablement by the
accident He delivered his former
| testimony in about the same manner
as above. He denied that his team
! was running away and stated that
! he had perfect control of them all the
! time. He stated that he received
! $50 per month from Menner & Co.
! for his services He said the team
! had been purchased two or three
weeks before the accident of Joseph
Jacobs and was a gentle team and
! that he had never had any difficulty
with them. The wagon had just
been rebuilt by Henry Herman and
new wheels were put on the wagon.
When asked what was the character
of the ditch from his observation he
stated that it looked like it had been
! httf N1yqC c
ten to twelve inches deep. He stat
ed that he never had occasion to go
over the ditch faster than a walk,
previous to the accident When ask
ed why he did not turn up Main
street and avoid the ditch if he knew
it was there he replied that he had
packages to deliver on Spring street
and straight ahead was the nearest
way there.
Mrs. Joseph Menner was next
called and testified to the fact that
her husband was brought home un-
conscious. DIR. Powell was called
and Mr Menner was taken to the
Scranton hospital. in stating of his
condition when brought home she
said that his shoulder was out of
place, blood rushed from his ears,
that there were bruises all over his
body. She said that she went to
Scranton the day after her husband
was taken and remained there with
him until he returned home. She
testified that it was about five weeks
before he could lie down and then
he had to be proped up with pillows
on account of his neck and should
err He was unable to dress himself
and had no use of his right arm.
] II, l,fF In ha
corroborated her husbands testimony
on the stand.
On cross-examination she told the
same story Court adjourned at five
o'clock on Tuesday evening.
On Wednesday morning Mrs Men
ner was again called upon the stand
and testified to the good health OF
her husband prior TO the accident
DR.. Reed Burns testimony was
read in court and attested to by an
afiidavit, He stated that he had
known Mr.. Menner about 80 years.
He examined him on July IL, 1911,
and found a complete separation OF
the shoulder blade from the collar
bone. Treatment was made by oper-
alton when the bones we're wired to-
gether. He stated that he found
many bruises. cuts and alterations
He said that in his opinion Mr.. Men
ner would never be able to do more
than light work.
On cross-examination, he stated
that he had not examined MenneI
since the accident and stated that he
|, would always suffer from pain and
lameness in his right shoulder.
DR.. e. w. Burns was sworn. He
, testified that he was a practicine
physician and surgeon OF Honesdalt
, and had been for 25 years. He stat
ed that he had attended Joseph Men
, ner Immediately after his return
, from the hospital on July 1S. He
said he visited him about Is times
professionally and the last visit wal
! on September Is. but that he had
seen him many times since that tims
} in calling on other members OF the
} family. He testified 10 examining
the plaintiff and found large healed
: wound on the top of the righl