Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-03-08
TESTIMONY COMPLETED IN
McPHEE SUIT FOR PERSONAL
INJURIES AGAINST LAWRENCE

| Testimony for the plaintiff was fin
ished and the testimony for the de-
PENDANT in the cases of McPhee. VS..
Lawrence. was entered Friday at the
supreme court. The case this morn
ing win open with the arguments OF
the lawyers, which will begin at $50.
DR.. E. G.. Abbott Of Portland, a
specialist in othopedic surgery, was
the first witness to be called on Fri
day for the plaintiff. He testified
that he was called to examine Har-
mon McPhee, the injured boy. The
ends Of the fracture OF the left thigh
bone had overlapped and he perform
ed a grating operation by taking g.
piece of bone from the boys right
shin and inserting 1t as a sort of
dowel in the cavity of the bone at the
fracture. Two months later when he
looked at the injury there was no
bone union although a fracture US
ualIy takes about eight weeks to
harden. Why this should be he could
not say although in a small percent
age Of the cases Of fractured bones
in boys Of that age, union is not af-
fected. Later he examined the in
Jury again and found the bones in
opposition.
He had advised that no further at
tempt to have the bone knit be made
at that time as the bone was not in
proper condition. He said that when
conditions are right he would advise
breaking the leg over and setting 1t
again. This might need to be done
FIVE or six times, he stated, to effect
q proper union and 1t might not be
successful at all. In that case he
would advise amputation at the frac-
ture.
On cross examination by Attorney
John Nelson, some time was passed
determining if it would make any
difference in the manner Of the bone
knitting IL 1t were moved about any.
The doctor declared that in some
cas- SEES 1t helped in the evidence Of the
substance which helps repair the
break but that he would not advise
moving the limb.
On examination again he declared
that in q case where q fracture had
not made n good union the first time
1t would seem that it might not knit
again. He said that the boy had
been able to walk without crutcheS
but that he had told him to use them
at all times, because the union which
had at last been effected to some de-
gree was not strong enough to bear
the strain and because 1T might re-
suit in curvature of the spine as one
leg Is about three inches shorter than
the other. He stated that the cost of
one operation such as would prob
ably be necessary for the boy would
be around $4O0.
Mr.. McPhee, the boys father, was
called back and testified that the
boys health was very good before
the accident.
Here by agreement of council, the
expenses which have resulted from
this accident were entered as $2,045.90
and the expectancy Of life for the
boy was given as 4o years.
The plaintiff rested here and Attor-
ney Nelson for the defense called %
witnesses to be sworn.
Mrs. Lawrence, wife CT the defend
ant was first called She said that
she and her husband were in the car
and were going about Is miles an
hour short distance before coming
t. the crossing. Then they caught
up with Mrs. James Millroy who was
just coming out of her house and
Mr.. Lawrence slowed the car down
so that Mrs. Miliroy and Mrs. Law
renee might talk. The car was going
but n very little faster than Mrs.
Millroy could walk. AS they APP
preached the crossing Mr.. Lawrence
almost stopped the car. Before get
ting to the crossing she had seen the
boy walking back and forth on the
rails. She was on the right side of
the automobile and the car passed
him so that he was on the same side.
She saw that there was three feet be-
tween the auto and the boy when
they passd. Then when the car had
gone about two lengths she heard
some one cry out and they stopped
the car and took the boy to the hos
pital.
On cross examination she said that
the boy stopped walking the rail
when the car went by and stood there
watching it. He did not cryout or
fall until after the car had passed.
She was surprised that he was hurt
but did not inquire how the accident
occurred.