Daily Kennebec journal., 1916-03-13
SUPREME COURT :
Jury Awards a Verdict of
$3138.34 for Plaintiff in King
Pulsifer Case-Defendant's
Attorney Files Motion
for New Trial

After sitting for three hours on the
King Pulsifer case the jury came In
at the opening of the Saturday after
noon session of the supreme court,
bringing a verdict of $S13S.34, which
was a little more than the amount Of
the writ. Associate Justice Madigan
gave his charge 10 the jury at the be-
ginning Of the morning session and the
jurors retired shortly before II o'clock
with the case in their hands. Attorney
Littlefield for the defendant has filed
a motion for a new trial. which takes
the case to the law court.
EIwood vs.. Earle
The remainder Of the session was oc-
cupied with the case of Arthur H. Ell
wood of Augusta vs.. F. E. Earle of
Canaan. in which the plaintiff asks for
damage for the alleged setting of his
leg in an unskilled manner. The case
will be completed today. McGillcuddy
& Morey Of Lewiston are attorney for
the plaintiff while Merrill & Merrill of
Skowhegan appear as attorneys for the
defendant.
In opening the case Frank A. Morey,
attorney, stated that the plaintiff
claims that on August 81, 1914. while he
was passing a vacation at the home
of Almon Smith at Canaan, he was
driving with MIR. Smith and his daugh-
ter back from one of the farms which
Mr.. Smith owned. The horse became
frightened and Mr.. Elwood and Mr..
Smiths daughter jumped from tn /,
T. lit, Ii. ,cl,%
leg when he struck the ground. DIR.
Earle, the defendant in the action, was
Immediately called and later DR..
Stinchfield of SkowheSan came. Mr..
ElWood was taken to Mr.. Smiths home,
where he was visiting. The doctors put
his leg in a splint. tin on the inside
and wood on the outside. and DR.. Earle
put the leg as he thought in line. At
the end of the 18th day the doctors
took off the splints and upon measur-
ing the leg it was found to be one inch
shorter than it's fellow. When the leg
was set the doctor did not give him
ether. The leg was next put into a
plaster cast in which no opening or
window was left, and it was that way
two W eeks and four days. At the end of
that time the doctors cut open the cast
and the leg didn't look any different
to them than when they put the leg
into the cast. The doctors retired and
consulted and then informed the plain
tiff that he must go to the hospital
right away. The next morning he went
to the Central Maine hospital in Lew
iston. The doctors at the hospital set
the leg and Mr.. Elwood remained there
six weeks. He then went back to
Canaan, where another doctor tended
him. 1t was June before he could get
rid Of his crutches. Since then he had
had to wear a higher hee4 on his right
shoe and he will always he obliged to
limp. According to the claim of the
plaintiff doctors must use certain de-
gree of skill and attention in their
practice and that degree was not used
by the defendant.
Six witnesses were sworn for the
plaintiff.
Mr. Elwood Of Augusta. the plaintiff,
told the story of the accident and the
treatment of the leg substantially the
same as il was stated by the attorney
for the plaintiff. When DR.. Earle first
came upon the scene of the accident
he injected something into the plaint-
ifs arm and waited for DIR. Stinch-
field. Upon their arrival at Mr.
Smiths home the doctors administer
e1 ether and set the leg. Up to the time
they gave him ether they did not
wash the leg. When ne came out of
the ether mis- leg was in splints. The
SplintS We're removed at the end of II
days. The doctors then measured his
legs and said his right leg was about
an inch shorter than the other one but
they said they could stretch it. Dr.
Earle pulled the leg while Dr. Stinch-
field Lut on the bandage. Witness
could not describe the pain. The cast
stayed on the leg until Sept. 80, when
The doctors examined the leg and de-
cided Mr.. ElWood must go to the hos
pltal A-ray pictures were taken of the
leg before it was treated at the hos
pital Witness identified PLAINTIFFS ex-
hibits | and = as the pictures. His hos
pital bill was about $50 and the bill of
DR.. Bibber, who attended the plaint-
III on his return to Canaan, amounted
TO about $40. The average weekly
of the plaintiff amounted to
I14
pom cross-exa mination witness adj
nltted that DIR. Earle found him one
IA! out IN the yard with his leg up in
chalr but he testified that he did not
use the leg in getting out of doors. His
eg caused him pain before and after
me cast was removed. He was out of
doors about three times but he had re-
NAMED in bed until the doctor said he
could get up
Afternoon Session
The cross-eXamination of the plain
IN was completed and the first new
witness at the afternoon session was
Or F. S. Cummings of the Central
Maine Hospital of Lewiston, who testi |
led as to the X-ray photograph taken
u the broken bone. He stated there
vas no proof Of callous formation at
he end of the large bone but there
we're small traces of ca1lous on the
lbula or small bone Of the leg. Wit i
less had been practicing physician
or is years. having graduated from
he Bowdoin Medical School with the |
lass Of 1900.
On cross-examination witness stated
hat the evidences of callous were plain
r on the plates than on the prints TAX !
n therefrom.