The Canon City record with which is consolidated the Canon City cannon., 1919-05-01
M. KOAFALA :,
ASKS $1,000
FOR INJURY
TO HIS FOOT
Testimony All In and Argu-
ments in Case Being Made
This Afternoon Before Judge
Cooper.

SOOPCl-
Monday morning at o'clock in the
district court. the case of Maria Kora-
fala as mother and next friend OF Mar
tin Komfala VS. the Denver & Rio
Grande Railroad Company. 9as called
for trial
This is an action to recover the sum
of $1,000 damages for alleged injuries
sustained by the said Martin Komfail
on December 10. 1917. white employed
in repairing OF the cat-tails or tell
tails. located west OF the hanging
bridge in the Royal Gorge.
The defendant. while engaged in as
sisting- this work. was employed on a
ledge Of rock some 20 feet above the
roadbed. and when coming down from
this place. in order to reach the top
of ladder which had been placed
there for his descent and which was
some feet below his foothold on the
ledge. took ho'd of ledge of rock and
while suspending himself in an at
tempt to reach the ladder. the rock on
which he was holding broke away.
and he fell to the ground. sustaining
injuries TO his right foot, which he al
leges to be permanent. The railroad
company is charged with negligence
in not furnishing a safe way of ascent
and descent.
Much of the morning was consumed
in obtaining jury. 1t was necessary
to issue an additional venire. for
more talesmen. and jury was Sc
cured for trial at aboat II O'Clock. con-
sisting of the following: A. C. Meade,
Frank Higgins. Harry McIlvaney. J.
T. Taylor. Ralph s. Fairchild. J. NJ
Affieck. Ira Burroughs. Ed John,
Henry Deter. Charles w. Griffin,
Thomas Cooley and John Hamilton
!. The testimony of the plaintiff and
her witnesses consumed all of Mon
day afternoon. and = recess vas taken
NTH oselect q the eSenlnk Tha
taxing of testimony then, Continued
1880 at night Most of the latter
part OF the afternoon and evening was
devoted to the medical testimony con-
nected with the case DIR. Graves tes-
tified at length as to examinations
made OF the boys foot by means OF
X-ray photographs. and the negatives
produced before the jury and carefully
explained in detail. comparison being
made between the various bones OF
the right foot and the left. or normal
foot
DR. Graves was followed ON the
stand by Dr. c. w. Larimer. one OF
the surgeons in Charge of the Denver
& Rio Grande hospital ct Salida-
where the injured boy was treated for
a short time following the injury. and
his testimony had to do largely with
the X-ray photographs also. and with
the results of recent examination he
had made of the injured foot. in cora
pany with Or. Graves.
Also DIR. W. Rich. regular exan-
iner for the Colorado Fuel Iron
stand during the evening. testifyinS 70
his examination of the boy in the
month of January of this year. One
of the witnesses for the company.
Carl J. Zorn. who was foreman in
charge of the gang at the time OF the
injury. Is now in the army of occupa-
tion in Germany. and his testimony
was necessarily introduced by stipula-
tion. The court took recess until
o'clock this morning. and the testi-
mony was finished at IL O'Clock. At
that time the jury was excused until
O'Clock this afternoon when the
argument of the case is to be taken
up. the recess being necessary for the
preparation. Of the courts instrss-
tions.
Messrs. jeffrey and Stinemeyer ap-
pear for the plaintiff. and the defend
ants interests are being looked after
by G. A. Luxford, one of the regular
legal star Of the railroad company.
Wednesday morning at 2 O'Clock the
case of the Canon Land and Cattle
Company against the Ohio Cattle and.
Investment Company will be called
for trial.