Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-04-24
TRAIN STARTED EASILY
Railway Employees Testify in Suit
Brought by Miss seeley.
Physician Expresses Opinion That
Present Condition OF Plaintiff i,
Very Serious Because of Whit
May Happen.

| mat no tuElii''l' VI any other person
for that matter, could keep track in his
mind of the number of times the famous
b. & L. train from Cambridge Junction
to Burlington arrives in Jericho behind
time, was the opinion expressed on the
witness stand in county court Thursday
by James Hutchinson, who testified in
the case of Nina l.. seeley VS.. the Cen
trail Vermont Railway COMPANY. Hutch
inson has been an engineer on the B.. q l.
for ten years and he testified Thursday
that he could not say whether or not his
train wa late on the night that Miss
Secley was injured. He said he did not
carry such records in his head but for
got them as soon as the days work was
over.
Another witness. C. A. Barney, bag
gagemaster on the u. & L., gave il as
his opinion that "enginc 54," which hauled
the train from Cambridge to Burlington
on the night in question, was "a perfect
engine at that time. He based this opin-
ion on his long experience as n railroad
engineer with the Canadian Pacific, The
train did not start with a jerk. he said,
when leaving Jericho and he could tell by
the motion of the train that the engine
was in perfect working order.
The purpose of the defense in calling
the train crew was to show that the train
from which Miss Seeley alighted pulled
out of the station at Jericho very slowly.
The witnesses all testified that the grade
out of Jericho towards Burlington is
down hill and that n train will almost
move of its own weight when the brakes
are not set.
Frank Root, who was the fireman on
the train that night, testified that the
train started very easily when leaving
the station and was moving about seven
or eight miles per hour when the emer-
gency signal to stop was given. The train
ran about 70 feet after the signal was
given. he said. The witness stated that
very little steam is required to start the
train remained in Jericho station about
did not jerk suddenly at any time. The
train remainer in Jericho station about
one minute, the witness said. He did not
go back to see what occasioned the emer-
gency signal to be given as he said his
place was on the engine. The witness
said he knew nothing about Miss Seeley's
injury.
tod' sunni a =
testimony concerning his method OF stop
ping and starting the train at Jericho. He
said the engine was in good working or
der on the night of the accident and that
the train did not jerk in leaving the sta
ton but moved out easily. He testified
that the train was probably going eight
miles an hour when he received the emer-
gency signal to stop and that he brought
tho +-aip 70 n C+ooJgtil ho,,t - faat f,r-
Their on. This testimony concerning the
distance Travelled by the train after the
signal to stop was given in order to show
that the train pulled out of the station
with a jerk and got under good Roadway
a short distance from the station.
DR.. w. G. Z. Flanders was used as an
expert witness in addition to giving testi-
mony as making a diagnosis Of the condi-
ton of Miss Seeley and being present
whcn she had the hemorrhage this week.
He described in detail iesions Of the lung,
their symptoms and what caused them to
occur. and gave as his opinion that Miss
Seeley was suffering from a v~aricose con-
dition of the right lung. He said her pres
ent condition was very serious, as the
lesion increased the danger of infection
| and might result in tuberculosis, or in a
hardening Of the lung so that the patient
might lose the use of it. a more serious
| consequence might be, he testified, the
rupture of a large blood vessel which
would result fatally, DR.. Flanders also
testified that he made an N-raY eXamina-
ton of the lung, but the results had been
negative. He also testified to making eX-
aminations Of membranes of the throat,
nose and mouth and was sure that no
hemorrhage had come from them. The
witness was asked a long hypothetical
question e%mbodylng all the violence Of
the plaintiff and assuming it was true
and asked If he had an opinion as to
what Miss Seeley was suffering from. He
said he had an opinion and IT was to the
effect tina she was suffering from the
effect of broken tissue and ruptured blood
vessels in the right lung.
DIT. b. H.. Stone. director of the State
| laboratory testified to making an exami-
| nation of the blood stains on a towel used
by Miss Seelcy. at the time of her hemor-
| rhage here this week. He said there was
an absence of tubercular bacIlli and pus,
but a presence of bacteria commonly
found in the lungs, and certain cells
which are a part of the mucuous mem
branes. He said on cross-examination
these cells might have come from the
membranes of the throat or nose.
VERDICT FOR MS sEELEY.
The case of Nina l.. Seeley VS.. the Cen
trail Vermont Railway Co., which was
completed Saturday was given to the jury
Monday at two o'clock. The charge
by Judge Waterman was short,
consuming only about half an
hour. The jury came into the court room
to have certain parts of the evidence read
about 4:So o'clock, and retired again for
further deliberation, At eight o'clock
they returned a verdict for the plaintiff
to recover damages in the sum of 5000.
This was an action brought by Miss See
lev to recover $4,000 for injuries to one
Of her lungs which she claimed resulted
in the impairment OF the organ She
WAS thrown against her suit case while
| alIghting on the station platform at Jeri-
cho station last January, and alleged that
the train from which she was alighting
started suddenly.