The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1916-03-18
CIRCUIT COURT TERM CLOSING

view, but the preponderance OF opln-
ion was to the contrary, ascribing the
exaggerated reflex to irritation of the
muscles. The results of DR.. Cav
ley's examination of Mr.. Harvey on
April 27, November 6, December IA,
and March 6. We're stated to DR.. Kol-
lock separately, and he was asked
what those of each Indicated. He re-
piled that the first indicated functional
but not unnormal disability; the sec
ond improvement; the third decided
improvement and the last that he was
practically well. DR.. Kollock stated
that he did not shake his head and say
he could not tell when Mr.. Harvey
9sked him in DR.. Cawley's office in
December when he might expect to be
well again. Nor did he say "This is
a case of neurasthenia."
Saturday.
DR.. Howard Bratton, of Elkton, tes-
titled that at the request of defend
ants counsel, he examined Mr.. Har-
vey on December ii with Drs. Cawley
and Collins in the formers office. His
own examination showed absolutely
no signs of permanent injury. He
sought for symptoms told of by Dr.
Collins as found by him while treat
ing Mr.. Harvey after the accident.
Asked, as was Dr. Kollock, what the
results of each of DR.. Cawley's ex-
aminations of Mr.. Harvey indicated,
DR.. Bratton replied that the second
showed improvement compared with
those Of the first and those of the last,
on March 6, decided Improvement. Mr.
Harvey'S testimony as to his injuries
and how they affected him was read
to DR.. Bratton and he was asked what
his present condition compared with
that found by DR.. Collins while treat
ing him. indicated, and replied that it
showed he was well man. He CDR
Bratton )saw no sign about him of
permanent disability.
Monday.
Court met at 1920 o'clock with
Judges Adkins and Hopper present
Samue IT. Shippers was called for the
defense and testified that the gray
horse was on the near side when har-
messed to the hack He employed
CAN'T, but gave him no special in
structions. Team and driver were
hired for the trip. James M. Naudain.
who lives near the crossing at Sin
gerly, described the conditions there
as to buildings, tracks. lights, etc. He
heard the crossing bell ringing at $3.50
+. M, and after the accident. The
crossing and station lights were both
burning before and after the accident
Testimony closed. Mr.. Warb,crton
offered motion that as it had been
established that the crossing bell was
rung before and after the accident,
the Court order striking out from the
record the element of negligence on
the part of the defendant so far as it
rested on the bells non-ringing. The
Court refused the motion and took a
recess till l.30 p. M, to consider the
prayers. Three of the plaintiffs five
and seven of the defendants twenty
prayers were granted. Argument be-
resumed at 7:15 and closed at GAS
The jury at 1880 a. m. returned a
sealed verdict.
Tuesday.
Court met with all the judges pres
ent The verdict in Harvey VS.. the B.
d o. R. R. was read by the Clerk, the
jury finding for the plaintiff, awarding
him $500 damages. The second and
last calls of the Civil Docket were
made. and at their close but one of
nineteen cases was left marked for
trial-Blackiston VS.. Jack. for which
the following jury was sworn: Will
liam H. Simcoe, Ronald Bond, j AL
fred Brown. George E. L. Hess, T. P.
Devine, Edwin L. Haines, John P.
Meredith, Samuel Simmons, John S.
Boulden, A. J. Kite, William Tyson
and R. G. Richards. Tydings and Con-
stable & Constable for plaintiff; Clay
ton and Thackery for defendant The
suit was brought by Mrs. Elsie w.
Blackiston, wife of James B. R. Black
iston. of Havre de Grace. a Deputy
superintendent of the Metropolitan
Life Insurance Company, of Newly ork,
against DR.. William G. Jack. of Lib
erty Grove. near Port Deposit, for
$4,000 damages for personal injuries
sustained when the defendants car
struck and caused her husbands car
to upset on the State road near Perry
vile on September % last. Mr.. Black
iston testified that when he heard DR..
Jacks horn behind him, near a culvert,
about three-fourths of a mile from
Perryville, he ran his Ford car, which
was running % miles an hour, partly
off the concrete slowing down a notch.
Two of his wheels We're in the dirt. DR..
Jack swerved his car over to the right
and in passing his right rear wheel
struck witness left front wheel Wit
ness car was about 8 or 4 feet from
the culvert guard wall and was knock
ed head-on against it. breaking the
concrete. The rear of the car rose
upward, and the car going down the
road about 25 feet turned over on its
side across the road. the front falling
North. and was badly damaged. Mrs.
Blackiston was thrown against the
folded windshield. was cut about one
of her ewes and on her chin and was
bruised about her limbs. DR.. Jacks
car stopped some distance beyond the
culvert and he ran it backward. He
said, "My God! | don't know how |
cama to RIM into Won | thOpobt I