The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1912-02-06
Cnnrt.

tried the case of DIR. William P. Melche
Of Mount Holly, against Garrett V. Ma
gerum, who lives on farm near Eayrt
town
Eckard P. Budd, counsel for the plat
tiff, who could not be present, was repr
sented by V. Claude Palmer. Prosecut,
Samuel A. Atkinson and ex-Judge JOB
W. Wescott appeared for the defendant
After jury had been drawn Mr. Pa
mer opened the case by stating that Q
the afternoon of December IA, 1908, D
Melcher drove beyond the railroad eros
ing on Pine street to visit patient. Il
returned about $50 o'clock, at whic
time the street lamps were lighted. Fl
met Margerum, who was driving doubl
team attached to farm wagon. TIL
doctor, who was on the lookout, saw a
object in the road about twenty-five @
fifty feet ahead and told his driver, job
Cottrell, to pull to the right. This b
did, going off the stone portion of th
road, which is sixteen feet wide, to tn
dirt-covered side. which is fourteen fee
wide, the entire width of the road bein
forty-four feet.
The two vehicles collided and the ply
sician's carriage was overturned. Its oc
cupants were thrown out and both mel
fell on the curb. DIR. Melcher had tn
humerus bone of the right arm fractures
at the socket of the collar bone. He wa
incapacitated for some considerable time
Counsel said he would show the amour
of damage sustained and also the exten
of permanent injury which followed.
John W. Harris explained map which
he had made of the locality where the &C
cident occurred, and pointed out to tn,
jury the positions of the wagons from In
formation which had been given him by
the physician.
Dr. Melcher was then called. He said
that on their return they met three car
riages 1t was about dusk and all the
lamps were burning. After crossing the
railroad they met Margerum. Turn out
quick, there is a wagon ahead of you" he
told his driver Margerum was then
partly of the stone road and he
did not turn to the right When thrown
out we landed on the curb and l was on
top Of Cottrell. After the accident Mar
gerum said to me, This is too bad l
asked him what he was doing on this side
of the road. He replied by saying that
the light blinded him. The horse broke
from the carriage and ran away. Gather
Ing up the wreckage | started to walk
home. Drs. Darlington and Parsons were
sent for. paid $50 for repairs to wagon,
e30 for special electric treatment and 81
for harness. / suffered great pain and
was confined to bed for several days. AS
soon as the splints were removed went
away on a months trip.
For period of two months I could
only look after medical patients, and
could not perform surgical work during
hat time. Because of frequent pains and
to lie on my right side, l have
not had good nights sleep since the &C.
;ident. have not recovered the free use
Of my arm, and have only about one-half
The power and strength In it that used
20 have, which is due to the disuse of GER
Jain muscles and shock sustained. The
arm interferes with my surgical practice.
In difficult cases that I formerly handled,
am now compelled to have help. NY
iirect financial loss due to this injury is
about $500. Outside of being handicap
ped In my profession, have difficulty In
iressing and arranging my toilet. The
injury has resulted In partial permanent
of the arm"
On cross-examination DR.. Melcher de-
lied saying to his dryer: "John, you
ought to have had the lamps lighted. :"
John Cottrell was the next witness. He
laid he was jogging along slowly, and
Just as the doctor spoke to him he saw a
wagon coming ahead, He pulled sharply
% the right and went close to the curb.
Both men said they were sorry that the
accident happened. Margerum said he
limit see or hear us coming. My lamps
we're not burning because 1 didn't think
t was time to light them" Cottrell could
lot remember saying to Margerum and B.
Herbert that he was driving at pref
y good clip.
Joel Armstrong, driver for Doughty &
TO-, was In the coal yard at the time. He
heard the crash and fastened to the spot.
de assisted in running the broken wagon
o the cemetery yard. Margerum said he
lid not see the doctor and was sorry the
lccident occurred, which was due to the
light binding him. Margerum's wagon
vas nearly on the stone road, while the
ioctor's carriage was against the curb
Two weeks prior to this occurrence, said
witness, he was hauling a load of coal
md met Margerum on the Eayrestown
Dad.
"Did OF did not Margerum refuse to
urn out for you p asked Mr.. Palmer, but
,wingto 40 objection made by the defence
he witness was not permitted to answer
he question This same question was
put to William Sherman when he was
placed on the stand, but his answer was
stopped by Prosecutor Atkinson. who
laid the question had been ruled upon.
and that the action of counsel was only
an attempt to get that matter before the
Jury. This shut off all further witnesses
On this line.
When he called at the house, DR.. Rich
ird FL. Parsons said he found DR.. Melcher
with great pain from fractured
arm. With the assistance of DR.. Bar
,ington the bones were set and they united
I'm my opinion" said witness,
the injury will be permanent to a certain
extent. DR.. Melcher has been somewhat
In his work as physician,
and he will never get complete recovery
If the joint"
This testimony was corroborated by
DR.. Richard G. Darlington, of Mount
Holly, and DR.. Alexander Fl. Small, of
Riverside.
Mrs. Melcher, who acted as her hus-
bands nurse, described the pain he suf-
Tered. He could not sleep and suffers at
he present time. He has difficulty In
dressing because of the affected arm.
The plaintiff then rested.
Judge Wescott said the parties did not
zee each other, and being purely an acct
lent no one was to blame. He asked for
A non-suit on the ground that no verdict
for the plaintiff could be entertained
Judge Cole denied the motion.
In his opening Prosecutor Atkinson said
Ihe defence did not feel its responsibility
for the accident. He would show that
the trouble occurred after O'Clock when
It was dark and asked the jury to render
a verdict of not guilty.
After being sworn Mr.. Margerum testi-
fed as follows: "It was after 6 O'Clock
when l quit work that night and 1t was
very dark. My horses were not off the
stone road at any time l didn't see the
doctor until his horse was In front of me.
then pulled to the right. When the car
rage was overturned got out to help the
men who had been thrown to the sidewalk
[ did not state to any one that was blind
ed by The light. did not talk to the doc
tor then and have not done so SINCE"
On cross-examination witness said he
was carting stone for John Grady, of
Branch street It was after 6 O'Clock
when he left the latter's house to 20 home.
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