The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1922-02-23
The Railroad Case

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brought in a verdict of S5,OOO.OO in
favor of John Gilman against the
Union Pacific Railroad Co. The trial
commenced on Wednesday of last
week. A crowded court room listen
ed to all the proceedings. From point
of interest and the amount involved
it was the biggest lawsuit ever tried
in this county.
Plaintiff was injured on August
"a, 1920, IN Hermosa Tunnel be-
tween Cheyenne and Laramie, Wyo-
ming. Both bones of his left leg
were broken. He was rushed to liver
son Memorial Hospital in the latter
place for treatment, and there he re-
manned until April of last year. Then
it appears he got a ticket by wire
from his attorney; Charles Stephens,
Columbus, Kansas. There he receiv-
ed medical attention from a doctor
at Girard and from another doctor
at Pittsburg. In June he come to
this city and submitted to an exam
ination by Drs. Anders and Betthaus-
er. A damage suit for $4,000 was
filed against the railroad company.
1t filed three answers and abandoned
two of them and they were intro
duced in evidence against the COM
pany. Dispositions were read from a
number of witnesses from Wyoming.
Some of these witnesses appeared in
person and the dispositions were used
as a basis for cross examination.
Plaintiff claimed that he was told to
get up Higher" in the tunnel so that
he could better pry loose some rocks
an the roof That he did but said to
his foreman, Its bad roof up there
| will do it if you will tell me when
any trains come" He climbed on
top of the concrete lining already
finished and got busy. All of a sud
den he said he felt a jar. a big rock
struck him in the head and a big
heavy pieie of timber hit him on his
left leg. Both bones in his left leg
were broken. The crew quickly con-
structed a stretcher and lowered him
to the ground from "high car" on
which he had fallen. No. had clear
ed so a work train had to take him to
Laramie At the hospital he got the
best of treatment The leg was so
swollen that it took several days be-
fore anything could be done for him.
An X-ray was then made and the leg
put into a caste. Observations were
made daily by doctors and nurses,
but only disappointment met them to
the chagrin of all of them, and espe-
cially the patient. There was no
union" The doctors said there was
something unusual about the make
up of the husky Finlander The JOY
of his life had been that of hard
work, hunting, fishing and dancing.
The railroad company produced
twenty-five witnesses. Some of them
said no one ever promised to keep on
lookout for trains. That trains did
not cause even a CULVER. That plain
tiff was just hurt accidentally and no
one was to blame. The bad condi-
ton of the leg was charged up to the
fact tina the had left the hospital and
had not received any care for eight
months.
One set of doctors said there was
nothing doing" except amputation.
Another set said grating" was the
thing to do, and in the course of ten
months John Gilman would be able
to work again. Thomas Lillard, de-
PENDANTS attorney, also said in his
argument, 1.-THE doors at the hospital
are open to him and he is welcome
as ever and the doctors and nurses
Will help him to get we'll and it will
not cost one dollar"
Hermosa Tunnel where plaintiff
was injured, was lined years ago with
timber. Two years ago the COM
pany decided to tear out the timber
and line the tunnel with concrete.
Ohman's work was to help to tear
out the timber and pry loose any
rocks that were loose.
The instructions to the jury were
voluminous. A great number of
special questions were also submit
ted and both sides instructed the
jury what answers to make.
Insinuations were cast on Attor-
ney Stephens for spending so much
money on the case. He came back
and said plaintiff never was among
friends" in the hospital, even fol
the doctors and nurses reported reg
ularly to the claim agents of the