Evening journal., 1915-01-15
FATHER SUES FOR
INJURIES TO son
Peoples Trolley Co. Defen-
dant in Damage Suit
Brought by M. |. lyle
LAD LOST FOOT
IN A COLLISION

In Superior Court yesterday after
noon jury was empaneled to try
the case Of Pau. c. lyle vs.. the Peo-
pies Railway.
Harry p. Joslyn and Herbert II.
Ward represent the plaintiff.
The action is to recover damages
for injuries alleged to have been re-
ceiyed in a collision between an ice
wagon and a trolley car on October
L, 1912, at Second and Franklin
streets.
lyle testified that at the time Of The
collision he was IA years old. He
was riding on the ice wagon. and
john Daniels, the iceman, was 4
neighbor and plaintiff had ridden
with Daniels before the injury to
him. Witness said he was riding
with Daniels by consent on the day
Of the accident and he had been rid
ms about an hour before the colli-
sion. He said that the trolley car
did not ring any bells as it approach
ed the crossing at Second street He
noticed a man with the motorman on
the front of the car. The. ice wagon.
nc said, was struck at the front
wheols
Witness said he was knocked from the
wagon scat TO stroes and later carried
INTO store. II was then that he felt
a Tain IN back head and legs and no.
ticed that his left foot was manpled.
After DIR. Ryon bandaged the foot wit
ness said he was sent TO Physicians
and Surgeons Hospital. where his foot
was amputated above the ankle He re-
manned in hospital five weeks and was
confined to his home about three months.
He suffered great pains.
l)r T. w RYon testified that he at
tended the injured boy and ordered him
sent to- the Physicians and Surgeons
Hospital His charges for attendance
were SIS, much less than otherwise.
Robert A. Carswell civil engineer
produced drawing OF the scene Of the
accident. He testified to certain grade !
at the point OF tho accident.
Edward II. Chance who was a Das.
scnger Oh the car that collidcd with the
wagon, testified that he did not hear
any warning bell sounded. He noticed
the wagon few seconds before i was
struck and hc was the one who carried
the injured boy into a nearby store.
RAJ OF the case was resumed this
morning.
Ihc tirst witness called was John A
Daniels, who was driving the ice wagon
which i alleged to have been struck by
. trolley cpr. Ills testimony regarding
the collision came as surprise to ths
lawyers for the plaintiff.
On May 8, 1918 be made statement
I frf
Montgomery and swore 10 IL state
lnents made then and today diffcree
considerable and when H. II. Ward ask
90 questions regarding the stateineni
nWlc objections were ma,fc Aby Rober
y. 3iachards to the cross-cAamination d
the witness. The court allowed III,
questions to be asked, exceptions befn.
noted
Daniels admitted he made statement
chat the car struck the wagon anc
threw the boy out to the left side. an,
lie swore to the statement. When tn,
ear struck the ice wagon and pushed il
distance of thirty feet and enc Of III,
horses was knocked down.
When the car stopped the wagon wa!
locked IN the step Of the car. He die
not look for the approach of the trolle,
car until he was on the track at Second
and Franklin streets.
He has been employed at times
since the collision by the Peoples line
and is promised another position after
the fifteenth of this month.
In cross-examination Daniels said
while he was at dinner lyle got on
tne seat He told the boy to get off
ana later he rode on the rear step. lyle
later got on the front seat. The horses
were trotting as he reached Second
street. He did not remember looking
for a car until he got on the track.
Following the testimony of two
motormen as to the operation of a
car, Mrs. Maggie D. lyle. mother Of
the plaintiff, was called.
Mrs. Igle testified to the suffering
ofser son in the Physicians and Sur
geons Hospital and at home. The ex-
penses paid SO far amounted to S129.
She identified the shoe worn by the
boy. It was practically torn into
pieces. She saw the lumps on his
side and head and complained OF
pain in his stomach.
Matthias l.. Igle, father of the boy.
gave corroborative testimony.
Lewis B. Merrifeld, of the claims
department of Gilpin. Van Trump
and Montgomery. told Of the investi-
gation regarding the collision.
Paul lyle testified that as he saw
the car he got UP off the scat, stood
on the front step and was knocked
off before he could grab hold Of the
brake.
The plaintiff then rested.
Robert r. Richards argued for a
non-suit on the ground that lyle
failed to use due care and caution
at the crossing. Mr. Richards said
that while lyle could not be held
for the negligence of the driver, the
boy should have looked and listened
before approaching the crossing. Her.
bert H. Ward argued against the
granting of non-suit
A recess was taken until 2.30
o'clock this afternoon.