The Bismarck tribune., 1919-03-08
Once | knew u lady fair,
Sing adOwnie dOwnie:
Day and night she slumbers there,
Sing adoWnie dOwnie

oIICc ! ALI" " a Iduy
Sing adOwnie dOwnie:
Day and night she slumbers there
Sing adownie downie.
In his maiden seclusion, at Fargo,
during three seasons, the fair lady has
slumbered.
No flower of her kindred,
No rosebud is night
To reflect back her bushes,
Or give sigh for sigh.
And the cause Of the cause is this {:
The lady, her sister, her mother and
PapamanOleS-the sOn-inlaW - lived
in rooming house. He held it under
a lease from II wealthy widow and
under his agreement to put the house
in proper repair at the expense of the
widow. He gave the lease to his moth
er-in-law and failed to do the repair
ing, as it would have doubled the rent.
Now the house is a brick veneer. 1t
is not built upon rock; and on a
stormy day in March the rain descend
ed, the floods came and the. winds
blew and beat upon that house; some
!, Of the bricks fell and great was the
fall thereof. Some cruel bricks fell
upon and confused or bruised the
shoulders OF the fair lady. Quickly
she was taken to room where from
year to year she has slumbered, as
they say, without any power of loco
motion. Immediately the personal in
jury lawyers appeared on the scene
They bring a balm for every wound
A cordial for our fears
Quickly they took a picture Of the
fallen bricks, the site of the accident;
and, in due time commenced negli-
gence suit to recover from the widow
$4,000. OF course, the widow was not
alone to blame; her lessee, the son-in-
law, the lord of the mansion, he had
In writing agreed to put the building
In repair In part of day he could
have made it perfectly safe, but no suit
was brought against him. In the
course of time the suit was brought on
for trial before a wise judge and a
jury of II gallant men with no blinds
on their eyes. They say the injured
beauty, saw her copious tears, her
winsome form and face; they heard
her sighs; her walls and plants and
awarded her a balm or sOlace of $26,-
600. 1T was the only proper thing
to do.' On the trial it appeared that
some good angel had so guided the
falling bricks that not a scratch or a
scar was left on the fair lady. From
the crown Of her head to the soles of
her feet she appeared in normal condi-
ton and without the least scar, blem-
Ism or defect. AS she had been kept
in complete seclusion the witnesses
were only those of her own family
ana the, physicians who testified as
experts, doubtless for expert fees.
IhFee doctors OF experience and re-
lute declared that she was paralyzed;
tnat her motor nerves were put out
OF commission and that her injury
was permanent. Three experts de-
cIared that she is not paralyzed: that
her motor nerves are not seriously
anected; that all of her bodily func-
uons are normal; that she has no
Ded sores and no appearance of per-
son that has been long confined to her
bed; that she could walk if she want
ed to; that under good nursing and
sanitarium treatment she would recov-
er IN five or six months. Who shall
decide when doctors disagree?
BY an appeal this court is put in
dilemma. We may give the fair
lady $26.00O, put it into her lap and
forbid her lawyers to take more than
reasonable fee, viz. $1,000, instead
OF $4,000. Then, in lew months
she may completely, recover and we
judges feel like simple dolts. On the
contrary. by granting a new trial we
may err and subject the poor lady to
the grievous delays of the law and to
several more seasons of suffering an /
slumbering. What should we do?
The case is unusual and extraordinary
and calls for remedy not to be found