Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-11-23
SUPERIOR court
WaterN-illc. Me. Nov


The first cases assigned for today.
S41. Nathan Berliawsky VS.. Philip
Baron. and 342, Nathan and Nellie
Berliawsky va. Philip Baron. were
settled this morning, the information
reaching the attorneys and the court
after the jury had been impanelled to
try the case.
The next case was No. 5y9. Geo 4.
Clement OF Waterville VS.. Maine Cen
trail Railroad. Andrews & Nelson for
plaintiff and Johnson & Perkins for
defendant.
This is a suit for personal injuries
, Canned TO nave been sustained by the
plaintiff while acting as an engine
horsler in the railroad yards at Oak
land. The action was brought under
the Federal Employers Liability law.
and is understood to be the first case
or the kind In this State.
/ Counsel in opening the case explained
to the jury the laws applying to master
and servant, and claimed tina. the laws
have not kept pace with the increase in
industrial accidents
After opening the case counsel asked for
a view by the jury. The request was
granted and the jury went out to Oak
I land in charge of an officer, looked oye-
| the ground and return at - o'clock The
plaintiff took the stand and explained the
accident as he remembered it, He sail
he had had some experience firing en-
gines. having worked on the Maine Cen
trail for little over three years. but
had had no experience in running an en-
CINE. He said he had previously worked
at Oakland. helping an engineer on the
same work. the crew then consisting Of
two men. He said his duties were to fill
, the hard grease cups and lubrcators of
the engines. and take the engines out of
the roundhouse onto the table then to
the coal shed, coal them up and return
them and watch the fires He said the
roundhouse had five stalls, and there
were two other tracks where engines
were kept when the roundhouse was full
He did this work alone. hut said ill
. his former employment there he help
ed another man so that there were two
men on the Job. He said the tu,nta BILE
was also used when they took the
ashes out Of the pit and placed them
on the ash car. but that work was
done when it would not interfere with
ing of the accident plaintiff said he
took an engine out of No pit. took
1t down to the coal uned and coaled it,
then delivered it to the engineer. He
then went into the round house and
took out another engine, No. So and
coaled it. then went oack with the en-
CINE. He said he saw the switch was
ali right. and he proceeded slowly un-
til within about so feet Of the table,
where he could see the end Of it and
saw that It was lined up for him, an
parently as he had left it. He looked
again and the table was gone, moved
out from under him. lie was backing
in. He said he pulled the independent
brake into full service position. and
threw the automatic into emergency.
At that time the tender tipped. the
first wheel having got on the edge of
the table enough to hold it I'D. then
1t gave way and the tender went down
AS it went down he said it gave the
engine jerk, and then he iumped
landing on the ground and breaking
his right leg, making COMPOUND
fracture
DR.. Donald b. Cragin of Watervi,,e
then took the stand and explained the
injuries sustained by the plaintiff. rs
ing N-ray pictures. He said he was
called by DR.. Witherill of Oakland and
they took the plaintiff to his. tDr
Crasin's) Office. He found he had
broken his right leg about an inch
and. Il half above the ankle. and ,
point of the bone was sticking out
through the skin. There was also. he