The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-25
AWARDED S9,163
Jury Gives Big Damages to Dr.
j. b. Armstrong
In a Suit Filed Against Topeka
Railway Company.
SECOND TRIAL OF The CASE
Verdict for $4,000 Rendered at
the First Trial.
It Probably viii Be Appealed a
Second Time.
SECOND TRIAL or THE CASE

After the supreme court had re-
nlanded the case and ordered new
trial. jury in the first division OF the
district court of Shawnee county al
most doubled the amount of damages
granted to DR.. J. Is. Armstrong in his
case against the Topeka street rail-
way company, by the jury sitting at
the first trial.
The verdict at the first trail was for
$1,000 Late yesterday afternoon the
jury brought in a verdict in the same
case for S9,163. Armstrong, who Is
alleged to have met with an accident
while stepping. from a street car Au-
gust 8. 1912. brought suit for $4,000
Armstrong was represented by Ed
win McKeever and Edwin E. Brook
ems He alleged that because OF neSh-
gence on the part of employees or the
Topeka Street Railway company ne
was permanently injured: that ne has
been made an invalid for life through
the rupture of his spinal cord.
According to Armstrong; petition
and to testimony introduced he board
ed a street car in North Topeka and
informed the conductor that he wanted
to get off at Second street and Kansas
avenue He stated that the car slowed
down. that he drop ped down to the
] lower step in preparation to alight-
1 He held medicine case in one hand
and with the other gripped the sup
port.
| B@sis of Complaint.
He charges that the car came al
most to stop, that he started TO step
| off and that at that second the car
started ahead with a jerk. He claim
| ed to have been thrown forward on
his heels, stiff-legged thus sustaining
| the in jury for which he asks dam
/ 10 mo eli n
the testimony of numerous physicians
/ showed he had been examined and
| treated extensively without results. He
! is aralyzed from the waist down and
Armstrong expresses his belief that he
will always be an invalid and partially
helpless
In the first hearing of the case at
| torneys for Armstrong objected to the
testimony of physicians who had ex-
| amined Armstrong. 1t did not go into
| the records. The jury found for
Armstrong in that instance and award
| ed him damages to the amount of
$1,000. The Street Railway company
| appealed to the supreme court and
| the case was remanded to the lower
court with instructions for new trial
Much stress was laid by the supreme
court upon the fact that the testimony
| of physicians was not made a part of
| the record.
| Seven Doctors Testified.
In the retrial of the case most of
| the witnesses We're physicians. There
were seven of them on the stand at
different times. Not all of their testi-
mony was favorable to Armstrong but
the jury again found for Armstrong.
| raising the amount of damages
! granted to $9,163.
The information at the court house
is that the case will again be appealed
to the supreme court. The amount Of
| damages awarded is larger than in any
other personal injury case tried re-
Gently in either of the district courts
of Shawnee county and the case has
! been watched with considerable in
! terest by attorneys.
Ferry, Doran 6, Dean represented
the Street Railway company in the
case.
The verdict was brought in about
o'clock Friday afternoon.