Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1914-12-24
thrown on the case in. this respect
had such testimony been obtained.
But DR.. DePuy, the physician referred

Under the law, a physician or sur
geon cannot, without tine consent of
the patient, give testimony in a case
Of this kind, and the same rule ap-
plies to an attorney or priest.
DR.. Wood testified or behalf of the
city as to the injury, and an X-ray
picture of the same was taken to
show the exact nature, and no injury
to the bone was SEEN.
The natural sentiments of SYM
pathy appear to have had great
weight with the jury, also the fact
that the city was negligent itself in
not sufficiently guarding the excava-
tion for long period d time.
Many believe that the verdict is
excessive, far beyond Snat it should
have been under the t stimony taken
by the city in the mater of contrib
utory negligence on tire part Of the
plaintiff.
Another serious feasxse of the ver-
dict, as far as the c1t;' is concerned,
is the precedent that is established
which will encourage the bringing of
suits against the city for damages for
trifing accidents which are often the
result of carelessness and lack of or
dinary prudence on the part of plain
tiffs in such cases. I, Tine jury which
tried the case and brought in the ver-
dict consisted of the following named
Jurors: .
Henry Larson, A. McKechnie, F.
B. Stark, Henry Pettey, Jamestown;
w. F. Foye, Cleveland; A. L. Demary,
Eldridge; H. E. Williams, streeter;
A. L. Arney, Pettibone; o. X. Stuff,
Spiritwood; L. M. Anderson, Wood
worth; L. F. Wright. jamestown; D.
S. Wutzke, New Home.
Stay of Proceedings Granted.
Attorneys for the defense appeared
in court this morning and moved for
judgment for the city notwithstand-
ing the verdict, on the ground that
uncontradicted testimony showed
contributory negligence and that the
plaintiff had, in crossing the street,
!. the choice, of another say that was
safe. This motion was denied.
The plaintiffs attorneys moved for
a judgment on the verdict, which was
granted. The defense then moved for
a stay of proceedings for 60 days,
which the court granted, and it is ex-
pected that the mayor and city coun-
Gil will have the' case appealed.
| Nelson v. Cnpenter-Nesl
The case of Peter Nelson Y. Car
Lumber company
was called for trial Tuesday and THE
jury impaneled. The plaintiff, in
Substance, claims that in June last
he was driving a wagon for the de-
fendant company and was loading
wopd at the company's wood yards in
this city; that he was getting of the
wagon and was standing with one
foot on the ground and one foot on
the wagon, and in releasing his foot
from the wagon the foot on the
ground slipped upon a rouad stick
and he fell against the wood saw that
was just starting up, cutting the 'ex-
tensor muscles of his arm and also
one-eighth inch into the bone, cutting
both bones. He claims to be per-
manently injured and that the saw
was not sufficiently guarded.
Witnesses examined for the plain
tin were Halle Foster, photographer,
with a picture of the place where the
accident is said to have occurred, the
plaintiff himself sand DR.. Holt.
Witnesses testifying for the de-
tense were Clark NeNault, Cecil
Dunlop, Mr.. Stuwe, special agent of
the company, and Earl Reed.
The defendant company claims in
substance that the plaintiff worked
for it from May to June 80. That
part OF his duties were working
around the saw; that he knew of the
condition of the wood saw and its
surroundings and assumed the risk.
Mr.. NeNault's testimony was to the
effect that he was starting the saw in
the sawhouse, and that it required
pushing the frame forward nine
notches before the saw got under full
speed. That he glanced through the
window when the saw was being
pushed to the first notch and saw the
plaintiff loading wood on the wagon.
and that before the saw had been
pushed to the fifth notch, out Of the
nine, plaintiff came itno the door
and said he had been cut. This, he
thought, occupied the time of about
five or six seconds.
The defendant also claims that the
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