Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-13

diner, against Wallace S. Lawrence
Of Gardiner, trials OF which were
started yesterday morning in the
1>ennebec county supreme court With
Justice Albert NJ. Spear presiding.
According to the allegations con-
tanned in the writs and in the evil
dence presented by the plaintiffs.
damage is asked for injuries sus-
tanned when Harmon McPhee. aged
Is years, was struck by an autOmo-
bile driven by Mr.. Lawrence. his left
leg being broken above the knee be-
cause of which young McPhee has
been under the doctors care since
that time and will have to undergo
further operations before the bones
are properly healed. The plaintiffs
claimed that Harmon was using due
care and diligence but that his foot
caught in the rail while crossing the
railroad track and that Mr.. Lawrence
could have avoided the accident if
he had used due care. Ernest l..
Goodspeed and George W. Heselton
OF Gardiner. appeared for the plain
tiffs while John Il. Nelson and Will
liam Tudor Gardiner Of the firm OF
Andrews. Nelson & Gardiner ap-
peared for the defendant.
IS SIedtcI ptIl VI Vic uds SSStSA
day was taken up with the introduce
ton of expert medical testimony for
the plaintiff, the injured led himself
taking the stand and testifying con-
corning the accident and the treat
ment incident thereto. Among the
doctors examined were DR.. Edward
G. Abbott of Portland. DR.. George w.
Alexander of Gardiner and DR.. A.
D Libby Of Gardiner. The presen-
tation of the plaintiffs case probably
will be completed this morning.
l.. Nj. Barnard. city engineer OF
Gardiner, was the first witness and
he explained sketch Of the scene of
the accident showing the distances
between various objects. He stated
that the plan was drawn from notes
taken March l and from notes taken
in 1914. the later referring to the
location of the River road running
through South Gardiner. He showed
that the road from the railroad
crossing at a distance of 400 feet
from the crossing, the crossing being
in plain view all the way. On the
north side Of the crossing the grade
dropped off sharply to IL feet in
front of the posto1Iice, distance OF
100 feet.
The exact location Of a spike In one
Of the planks of the crossing caused
quite a lot of bother. Mr. Barnard
declared on cross examination that
the location of the spike meant moth
ing to him but he had been asked to
locate it and it was 12.4 feet from the
crossing standard. The length of the
planks was 31ia feet and SO feet
from crossing to sidewalk. Another
distance brought out was the az rect
that separated the crossing from a
hydrant to the north.
Andrew Patricks of Gardiner. said
that he was shoemaker in HaZ-
yards but had had much experience
in photography. He had been asked
to take some photographs of the sur
roundings and had complied. After
some consideration the court allowed
the introduction OF two of the three
photographs.
Lawrence Statement Quoted
Alfred b. Crossman of South Gardi-
ner stated that Harmon McPhec was
his nephew and the lad was visiting
him on June 80 when the accident oc-
CURED. The last time he saw the boy
was when he was taking the mail to
the station for the evening train. Mr.
Crossman is n barber and occupied
the store near the crossing. He fixed
the time Of the accident at about $50
o'clock and he heard Scrca ms and
rushed outdoors The defendants car
was near the hydrant and man had
young McPhee in his arms bringing
him towards the car. He saw tire
marks in the road showing that the
brakes had been put on heavily. In
conversation with Mr. Lawrence. Law
renee had stated that he didn't know
the boy was caught in the track and
he couldn't help hitting him. Later he
said he thought the hoy was going to
get out of the way. Five or six days
after the accident Mr.. Lawrence had
declared to him that he never touched
the boy at all.
Mr.. Gresham in discussing the plan
as presented by Mr.. Barnard said that
the location of the roads. and sidewalks
had not been changed since 1914 eX-
ccpt that the board walks had been
changed for travel walks. He declared
that the only way one could get from
one end Of the town to the other ives
to use this road. and cross the railroad
tracks.
Plaintiff on Stand
Harmon Mcphec. the injured boy,
stated tina: he was IS years old last
January end u years old at the time
of the accident. He was going from
the store belonging to his uncle to the
Community hall down the road to as
sist his cousin with some trap drums.
He had just stepped over the first raj!
Of the track when his foot caught. He
heard the crossing-tcndcr give an eX-
clamation and. looking up, saw the car
approaching fast but did not think
anything of that as the car had plenty
of room to go around him. He con-
tinued trying to release his foot. The
Eext thing he knew the car was on top
of him and hit him. He did not know
anything for soUe time and woke up
yelling. He didn't feel much pain, his
leg feeling numb, and didn't know
what had happened.
At the opening of the afternoon ses-
sion young McPhce related the events
following the accident. the time spent
in the Gardiner hospital and the oper-
atoms performed by DR.. Alexander and
DR.. Abbott. lie said he had always
been healthy and had never been sick
except with children's diseases.
On crosS-cXaminat ton he said that
he had not been playing on the cross
ing that day or any other day and that
he had never slapped at car or teams
going over the crossing. He again ex-
planned regarding the accident. At the
request of his attorneys his limbs
were undrcssed SO that the jury could
see just how the accident had affected
them.
Experts Testify
DR.. Alexander told of the setting of
The limb on the night of June 80 and
the precautions taken to reduce the
fracture. He said that examinations
showed that the bone did not unite as
it should and DR.. Abbott was called in.
He operated and grated piece of bone
from the other leg but still the bone