The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1912-01-11
| MADISON MAN
GETS DAMAGES
$4395 For Employee of
Big Corporation
PerIe +. Dunbar of Madison Wins suit
Against the HollingsNorth & Whit
ney Go.

Trial of the suit of Perle +. Dunbar
of Madison against the Hollingsworth
& Whitney Company, involving
claim of $4,000 damages for personal
injuries sustained while in their en-
ploy, occupied the attention of JUS
tice Bird and the jury in the supreme
judicial court on Friday and Satur-
day At the close the jury rendered
verdict for the plaintiff of $4395.83
from which the defense gave notice OF
an appeal. Attorney General Pattan-
gall and w. |. Brown of Madison ap-
peared for the plaintiff, and Carol \.
Perkins of Wateryille and A. n. But
ler for the defense.
The plaintiff alleged and intro
duced testimony to prove that
he was employed as a boss carpenter
at the Madison mill of the Hollings-
worth & Whitney Co. for some time
prior to Sept %, 1909. On the after
noon of the day previous, gang oil
riggers under foreman Arnold Brown,
began the erection Of a derrick in the
company's yard near the mill. As
part of the preliminary work, steele
cable guy was thrown across the high
tension wires of the Madison Electric
Works, which cross the property OF
the Hollingsworth & Whitney Co,
parallel to the railroad tracks. These
wires carried a voltage of about 220O,
and in pulling the heavy cable across
them, the insulation was worn off so
that two of the men handling the
cable received slight shocks. The
riggers therefore abandoned their task
for what remained of the day. On
the morning of Sept. %, Dunbar,
under orders from a superior, climbed
the pole of the electric transmission
/ line, and started to tape the place
where the insulation had been Worn
off. He received a powerful shock
which rendered him unconscious, but
/ in falling he caught his foot so that
7
he hung head downwards until
rescued some ten minutes later, His
left hand was burned so that amputa-
! ton of the thumb and forefinger be
came necessary, and there was also a
serious burn on the back of the right
leg just above the knee. Dunbar was
subsequently under the doctors care
for several months, during which
time the company paid for his attend
ance, and allowed him half of his pre-
vious wage of So per day The plain
tiff alleged that the defendant neg
lected to inform him regarding the
dangerous character of the work he
was to do, or to take reasonable pre-
cautions to insure his safety.
The defendant company entered a
general denial to Dunbar's complaint
and when the plaintiff rested his case
moved for non suit. Judge Bird
overruled the motion, and the defense
then sought to show that Dunbar was
first negligent in going to do the work
instead of sending an electrician from
his gang. Also that he had a full
appreciation of the danger involved,
and assumed the risk.
Arnold Brown of Fairfield, George
A. Graham, Daniel NJ. Nichlos, /. b.
Dyer, DR.. w. S. Milliken, DR.. ". G
Sawyer, A b. Copp, Edward Butler,
Elvin Adams, Charles b. Holway,
Ada NJ. Dunbar and Perle E. Dunbar
of Madison testified for the plaintiff
under direct examination of Attorney
W I. Brown and cross examination
by A X. Butler. Edward F. Maxim
and Paymaster John A. Hamilton OF
Madison, w. II. Stobie of WaterYille
and Frank f. Boston of Gardner testi-
fed for the defense, in the effort to
establish the assumed risk.
The taking of testimony was finish
ed Friday afternoon, and A. X. Butler
summed up the evidence for the de
fense Saturday morning. Hon. w. r.
Pattangall replied with a mastery
plea for the plaintiff, and Judge Bird
finished his charge shortly before
noon. Dinner was served to the
panel in the jury room, and when
court again convened at 2 o'clock, the
jury brought in the verdict for the
plaintiff of $4395.S3
The members of the jury we're:
Bert Witham, Anson; George S. Morse
Mercer; j. Sanborn Moulton, New
Portland; J. p. Manson, Hartland;
Ivan l.. Brown, Solon; Clarence w.
Green, Fairfield; Melvin w. Berry,
Embden; Nathan Gray, Pittsfield;
Evander ]. Mitchell. Skowhegan,
Fred Pushor, Pittsfeld, and C. A.
Whiting, foreman, Norridgewock.
Among the out of town peODle here