Alma record. (Alma, Mich.) 1878-1928, 1916-04-27
WILLIAM MILLER
GRANTED VERDICT
Circuit Court Jury Allows
$500 for Personal
Injuries
WAS HARD CONTESTED CASE
First Case of Federal Employ
er's Liability Act" Tried
in This Court

William Miller of this city was,
Wednesday morning, granted YER
dict by the jury in circuit court for
$500, against the Ann Arbor Rail
road company, in long and stubborn
ly contested case for personal injuries.
The case was commeaced last Wednes-
day morning and extended over the
latter part of last week and the fore
part of this week. The jury were out
twelve hours before "A verdict was
reached.
The case was tried under what is
known as the Federal Employers
Liability Act" for the reason that the
section crews were engaged in work
i'm connection with the repair of the
railroad track and roadbed of rail
road which is engaged in Interstate
commerce, and is the first case of this
character tried in this court.
The accident out of which the suit
grew occurred south of Alma, near
Church's crossing on the l4th day OF
September. 1914. Mr. Miller at that
time, was in the employ Of the rail
road rs a sccDon foreman, and had
been given orders to go to near
Church's crossing and there together
with the section crew from Ithaca
move some large timbers TO Goldman's
crossing also south of Alma and there
load them on local freight train.
When Miller went TO Church's cross
ing he did not find the Ithaca crew
there and so went on TO Goldman
where he met them and then both
crews returned TO get the timbers.
Miller was using an ordinary hand car
and the Ithaca crew had a gasoline
car, operated by Harrison Whitmore,
its section foreman. Whitmore with
his gasoline car pushed Miller's ear
back to Church's crossing and moved
one timber TO Chruch's crossing when
the accident occurred. As the cars
travelling in this manner neared the
timbers, Mr. Miller gave Mr.. Whit
more a signal 20 stop, but before he
had stopped his car Whitmore's car
whose brake was out of repair came
up suddenly and collided with Miller's
car and Mr. Miller was thrown violent
ly upon the handlebars of his car one
of which was broken off in the ac-
cident Mr.. Miller received a severe
blow upon the back of his head, chest
and hip. all of which at the time ap-
peared trivial and he continued on
with his work, but which later caused
him pain in his head, left arm and side,
10 such an extent that he sought
treatment from a physician, who in
formed him that he had become affiict-
ed with neuritis which was due to the
blow he had received upon his head in
the hand car accident. He still con-
tinued in the employ Of the company
doing what work he could until April
1915 when his condition became such
, that he had to quit.
The railroad company defended the
suit upon the grounds that the brake
on the car was not out Of repair;
that Mr. Miller assumed the risk of
defective brakes and that his present
condition was not the result of the
injury but the result of rheumatism
and asked Judge Searl to direct YER
dict which the court refused to do.
Considerable expert medical testi-
mony was taken, DR.. |. n. Brainerd
being sworn upon the part of the
plaintiff and who testified that he had
examined and treated Mr. Miller and
that his condition was the result of the
injury he had received upon, his head
at the time of the accident, and DR..
c. b. Gardner. DR.. G. Hall, of Pompeii
and DR.. Hume of Owosso, general sur
geon of the company were sworn upon
behelf of the company.
The case was well and ably handled
for Mr.. Miller by Attorney Charles
II. Goggin of Alma and John T. Mat
thews of Ithaca, who have had con-
siderable experience in personal in
jury suits, and o. G. Tuttle of Ithaca
and Gustavus Ohlinger of Toledo, rep
resented the company.
Judge Searl after a most mastery
and scholarly charge gave the case tc
the jury at 1880 Tuesday night and the
jury after working all night returned
verdict at 1880 Wednesday morning