The Mankato free press., 1921-12-09
Damage Suit fyainst the
Northwestern Line
AUTO Figures IN CASE
Frank A. yittrock the Plaintiff
Expertfestimony Brought
! To Fore

a
basi! of suit begun yesterday in the
district court by Frank Wittrock,
Moth Front street butcher, against the
Chicago, Northwestern railroad.
The plalntiff contends that on March
:5, last, he was driving his 1915 model
Stadebaker touring car across the
railroad at the Washington street
cfossing this city and that on account
OF the rough crossing, the narrow
space left between cars on either side
OF the right OF way and the fact that
he heard no bell or whistle, tie car
in which he was riding was struck AMI
he himself forced to jump in order TO
save himself from injury. The suit is
for $4,000 for personal injury for Wit
trock and for $1,000 alleged to be the
amount of damage to the automobile.
Attorneys in the case are Regan and
Grogan for the plaintiff and Z. j.
Laurisch and Brown Somsen and saw
yer of Winona for the defendant
Wittrock On The Stand
On direct examination, Mr.. W1ttrock
tested that the "gangway" for trafflc
at the time of the accident was only
twelve>feet at the time Of the accident
and that he heard no pell or whistle.
That the engine was backing on the
fourth track from the Front street SIDE
and that the planks on the crossing
was rough. He stated that he was ten
feet from the track on which the en-
gine was operating when he heard
veil hut had no time to stop the auto
which he said was being driven at Sise
rate OF six miles per hour. According
to his testimony, the driver jumped
out of the car when he saw that a col
lision was inevitable and IN so DONG
landed on his heels on he hard sur
track thirty eight feet according 10
witness but was not overturned. Wit
trock was not struck by the engine.
Mr.. Wittrock stated that he went
home after driving the car on the
tracks under its own power and tnat
he telt no i'll effects until the next
morning when he sent for doctor.
That for ten days he was confined in
his home and that he suffered severe
headaches, pains in his back and, limbs
for two or three weeks and that since
that time he has been incapacitated lor
hard work such as his business requlr-
es from him.
Medical Man Testifies
DR.. W. A. Beach on the witness
tand stated that he attended Mr..
Nvfttrock he day following the
accjfient and that theNsymptoms that
he-found corresponded with those tes-
tilted to by the plaintiff. DR.. Beach
said on cross examination that ex-
cept for fever of one degree and an
increased knee jerk there were no OBJ
jective symptoms that he could lind.
rhe doctor explained that objective
symptoms are those that are visible ar
OBVIOUS and the subjective symptoms
are those which are terated and motto
ei largely on the statements or the pa
tient. After this line OF questioning
Con- Il
f. Regan for the plaintiff rose to his
teet and in objecting to the testimony
he stated to the court that he objected
to the insinuationS OF fraud and that
if there was fraud his firm wanted to
know it and that he did not care TO try
case OF fraudulent character in court:
Counsel for the defendant denied
that there was any attempt to snow
fraud and the incident was closed.
Dr. Beach in conclusion OF his cross
examination stated that the length CT
Wittrock's illness was surprise TO
him and that he expected that COM
pIete recovery would be affected in not
more than eight weeks at the time ne
took the case.
Mode of Exit From Car
The plaintiff testified that as he left
the car he dived over the left front
door did an arrial somersault and land
ed on his feet. In answer to ques-
ton of Mr.. Sawyer he said that it was
the first time in his life that he had
ACCOMPLISHED such feat.
Teamster Is On Stand.
The plaintiff put on the stand
Charles Smith "a teamster of this
city, who testified that the crossing
at Washington street was rough on
March 25 last, the day of the acc1-
dent. He remembered the position
of the cars on the day of the crash
but on cross examintion was doubt
full as to the location Of cars on
the day before or after. 1t was de-
veboped later that he took particular
notice the day after the accident
when he learned that such a one
had happened. Here the plaintiff
c. J. Laurisch of counsel for tho
railway company, defendant. made
the opening statement to the jury.
He stated that the defense will at
tempt to prove that the plaintiff dio
not Jump from his car and that the
injuries he received were slight. That
the value Of the automobile at the
one and two hundred dollars and that
II there is now any illness pertain
ing to Mr.. Wittrock it is caused by
other causes that that accident In
question.
Locomotive Engineer Testifies.
CIIdrleS r. opeHCeT, loConloIlFO
engineer for the Northwestern, who
was driving the engine which struck
the Wittrock car testified that he
saw Wittrock back out of his car af-
ter he had stopped the engine and
walked to the rear OF the tender
That Wittrock was not seen to jump
from the auto by witness. other tes-
timony was Of technical nature
dealing with railroad tracks, signals
customs, ETC. He stated on cross ex-
animation that he had never heard Of
an engineman being discharged for
failing to ring the engine bell but
stated that his bell was ringing when
the accident occurred
DR.. ]. w. Andrews, one of the rail
roads physicians in Mankato was
next on the witness stand. He tes-
titled that he made an examination
of Mr.. Wittrock last night and that
he found no symptoms of a spinal
concussion. That he did find sore.
ness of the muscles in the back and
left leg and that the conditions of
the plaintiffs teeth and tonsils was
such that these diseased parts would