Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-10-12
SUPREME COURT
Last Trial This Term Is
Opened Thursday
A Personal Damage Suit Of Mrs. Al
zada Thurston Of Burnham vs.. Ben
ton & Fairfield Railway co.-verdict
for Plaintiff in Haskell VS.. St. Clair

At the opening of the Thursday ses-
sion of the supreme court the Jury re-
turned its sealed verdict in the case Of
George d. Haskell of Augusta VS..
Frank St. Clair of Someryille. which
had been heard Wednesday. The YER
dict was s255.95 for the plaintiff. At
torney Martin for the defendant filed
a motion for new trial.
The last case for trial this term was
then opened, that of Mrs. Alzada
Ihurston of Burnham against the
Benton & Fairfield Street Railway Co.
in which Mrs. Thurston claimed dam
ages to the amount of $4,000 for ~
Jurles she claims she received whiln
passenger on a car of the company,
NOV. 8, 1914, the car having left the
track at curve at Benton. The case
was heard by the court in June, 1916,
ana IN the superior court Judgment
was obtained by default The c,sn is
now before the supreme court in Tho
process of review. Fred W. Clair of
"atefVille appeared as attorney for
the plaintiff and the counsel for tho
defendant company was Weeks &
Weeks Of Fairfield.
good part of THURSDAYS session
was devoted to the hearing Of tasti
ihohF by physicians. who had exam
lned ana attended Mrs. Thur;ron. ,rl g
case OF the plaintiff was completed and.
tne defense nearly completed during
the DAY. and the last Of the TESTIMONY
IN the case will be heard this morning
The plaintiff. Mrs. Thurston test;-
fc
NOV. 8, 1914, she was on a ca;- of ,he
6enton x Fairfield Street Railway Co
toihs, towards Benton Fails Tho car
was going fast, according to pla;n.
tiffs testimony, and as II was going
around curve at Benton IT went
or the track Plaintiffs head struck
against the window casing of The car
All the people left the ca and she
renamed there alone. AS she vent 10
step out OF the car she fell unn, ira
ground and some one lifted trr M
she then went to her sons homo ~
Benton and that evening she returned
TO her home at Burnham, WALKING
from the station a distanc. of n lit
tie more than a mile The back or her
fead and her side panied hc- anr ,.e
reXt morning she was 50 il; she co,,Id
rot get up Her pain became worse,
and she called DR.. Shaw to attend ;.er.
Plaintiff testified concerniny her i'll
ness. which kept her confined to her
bed for a period Of five months. About
April she had commenced to sit 10
but it was June before che was able
to leave the house. Plaintiff spol,t. Of
the different people who tonS care of
her during her illness and the amount
of their charges, and she said the con-
dition Of her health was so good be-
fore the time of the accident, that
she was able to do all her own work,
TO pick apples and to go OUT nursing.
She had never before suffered acute
pains in the eyes. She noticed a loss
Of vision while in bed and, according
to her testimony, she is nearly blind
now. Every time she goes out of doors
now she has to be assisted apout.
Upon cross examination Mrs Thurs
ton testified that at the time the car
went off the track the motorman seem
ed to be putting on all the power nc
could. She testified about the treat
ment Of her eyes by specialists in
Portland and she said that for num-
her Of years she has had trouble with
her eyes continuously. After she was
hurt she had made complaint by let
ter to the. railway company. Upon re-
direct examination she said the mo-
torman and conductor on the car was
one and the same man.
DR. A. a. Shaw of Clinton testified
regarding his treatments of Mrs.
Thurston. Witness would not saw that
the accident caused Mrs. Thurston's
eve trouble but he said It had proha-
bly, aggravated the trouble His iudg-
ment was that Mrs. Thurston viii
never entirely recover from the pain
and her eyes will probably never I'M
prove. DIR. Shaw's bill amounted to
about s35 or $40.
DR. Charles H. Newcomb Of Clinton
testified regarding his treatment If
Mrs. Thurston and he said that ~ hts
opinion she will probably never enti-,-
" recover from the pain and injuries.
He said that blow on the head will
hasten the loss Of eyesight The bill
for his Visits amounted to $40 o. s17
Upon ross-examlnation he said that
outside Of the parts ABOUT which she
complained, Mrs. Thurston's condition Is
pretty good for person Of her age.
s'loliy ITOCteE Oh IHnlOn leStlTH1
that IN March, 1914. Mrs. Thurston had
worked at her home. nursing. and that
the state Of her health was good Mrs.
Thurstons eyesight was so good she was
able to do nursing and Mrs. Thurston did
her own work until her daughter came to
visit her. Witness had visited Mrs.
Thurston after the accident and Mrs.
Thurston wasAin bed every time until the
middle Of April Mrs. Thurston had COM
planned Of the side OF her head and OF
loss Of eyesight. ...
Mrs. Ethel r libby Of Burnham said
that Mrs. Thurston was smart. She knew
that Mrs. Thurston had acted as nurse
for Mrs. Proctor. After the accident Mrs
Thurston was III all winter. remaining IN
bed until April or May. Before the acct
dent Mrs. Thurston could see we'll enough
to distinguish witness but after the acct
DEM she said her esesiEAt was failing
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