The Canon City record with which is consolidated the Canon City cannon., 1917-12-06
Big Damage
Case In Hands
OF The Jury

The suit of Miss Florence McKen-
zie of RockvaIe against the Denver
& Rio Grande Railroad company for
fifty thousand dollars for per,onal in
turies received in consequence Of be-
ink thrown from an automobile by
Rio Grande locomotive while crossing
the railroad tracks In Florence with a
party of friends on November 2orh,
was concluded at 5 o'clock Wednes-
day afternoon. This case was called
for a hearing in the district court on
Thursday rioruing Of last week. but
It was not until twenty-four hours
later that jury was impanneied to
hear the evidence. Thirteen wit
nesses were placed on the stand To
testify in behalf of the plaintiff and
1t was not uutil Monday nigh, that her
case was rested. From then until the
ThanksgivIns day adjournment the
defendant company had its inning.
Many experts were summoned to the
witness stand by each side and the
case was gone into with unusual
thoroness by attorneys for each OF the
litigants.
The witnesses for the plaintiff were
Or. George E. Neuhaus of Denver. ~
perintendent Of the Mount Airy ssn,-
tarium. qualified examiner for the
Denver county court and neurolog;st
at the Denver city and corr ty hos7.t-
ais. DIR Neuhaus is professor Of ner-
vous diseases In the medical school OF
the University of Colorado. He tes-
tilted that he made an examination of
the injuries OF the plaintiff on Hovem-
Der 18th. OF the current year. and
found evidence OF fracture of GER
vicai vertibrae. also conclusion Of the
brain and injuries to the spine as q
result of the accident upon which the
suit was based. He was on the stand
TIL 2 o'clock Friday afternoon DR..
Neuhaus was succeeded on the wit
ness stand by A. B. McFali. Dr. l. E.
Rupert. A. N. Cutting. T. II. Torpey.
BENJAMIN Krenning. Roland Scheeley.
Wesley Van Tuyl Edward John. Mrs.
Agnes Cutting. Mrs. Elsie Price Far
icy and the plaintiff. all residents of
Florence and vicinity.
At the conclusion Of the testimony
for the plaintiff at 4:3o O'Clock Mon
day afternoon counsel for the defend
ant flied a motion that the case be
ground that the allegations set up in
the compalint had not been establish
ed and that O directed verdict be rem
dered by the jury. The motion for q
the Jury from the court room during
its argument The motion was argued
At a night session Of the court until
10 O'Clock and during the greater part
of Tuesday forenoon. The motion was
denied by the court and at 1:l5 O'Clock
Tuesday afternoon the introduction of
testimony for the defendant was be-
gun. The witnesses for the railroad
Company iuCfouCu LII. ~. II. WI Ahah
of ssiida. superintendent Of the Den
yer & Rio Grsnde hospital there: W.
Z. Miller of Pueblo. division superin
tendent of the d. & r. @. Railroad
company. Calvin J. welis Of Pueblo:
/. L. Thomason of Salt Lake City; C. A.
Nance Of Pueblo. d. II. Riley OF Pu-
ebio: c. H. Schultz OF Salt Lake City:
n. A. Hessick of Florence; 8. f.
Thomas Of Pueblo: H W. Beam. agent
Of the Lackawanna Railroad company
at Branchville. New Jersey: Mrs II.
w. Beam and William A. Randowl of
Salt Lake City.
The Jury was given q recess We'd
nesday evening for Thanksgiving day.
but reconvened at $50 O'Clock this
morning to hear the argument OF
counsel. The instructions Of the court
were given to the Jury today.