Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-10-17

working in that capacity but be-
cause of a south wind which was
, blowing the crew was unable to func-
| ton. They were accordingly ord
| cred to assist with the loading OF
| pulpwood on the cars.
This is accomplished by means OF
! q sort of trough in which an endless
| chain conveys the logs to the top OF
| the cars and they drop from the end
| of II in to the cars. He had not be-
! fore during the year, done work
| around that end of the conveyor and
+, was not aware that logs sometimes
| fell out of the conveyor and that
! there was a liability that one stand
| ing near 1t. might be struck by one
of them. 1t was customary to have
| man with a pinch bar bar the car
| along to fill the entire length of the
car from the one conveyor and in
order that 1t might not go too far
another man stood near the convey
/ or to "snub" 1t with rope. This was
! the job assigned to Mr.. Waters, that
i of snubbing the cars.
AS he was at this task, about an
hour after he had started work one
, of the bolts of wood, unseen by him,
had fallen a considerable distance,
struck him in the back Of the neck
and he was rendered unconscious
He revived and attempted to rise but
was unable to do so without help.
He was taken to a nearby building
and later to the Augusta General
hospital where he remained for a
period of four weeks, during which
he suffered great pain and was I'M
able to sleep.
JNhiIo ba bo h1sDt1o
Howard McFarlane, representing the
company brought him a paper to
sign in which he agreed to take the
sum of SIG a week during disability.
He was paid about $500 in all by the
company. He declared that he fully
believed that he must abide by the
provisions of the Employers LiabiI-
lty Act and that the amount offered
by MIR. McFarlane was as much as
he would have gotten under that act.
He declared that this payment was
, stopped in February, 1925, and that
he had received no other compensa-
ton since that time. Later he had
found out that the kennebec Siding
property of the S. d. Warren Com
pany was not covered by their ac-
ceptance of this act and that he
could therefore bring a common law
actlOn Tor damages.
He declared that he has since the
accident and still does. suffer great
pain and that there is an inability
TO sleep. The pain at times is so
severe that it makes him sick to his
stomach. He declared that the COM
pany had since offered him a lob
feeding horses in the woods but that
he did not feel he could accept this
work.
On cross examination he denied
that he had told Major Arthur L.
Thayer of the industrial accident
commission that he could go to work
In January, short time before the
compensation was stopped. Here a
letter was introduced by the defense
which was signed by Mr.. Waters
in which he declared that he was
then able to do light work. 1t was
dated February g.
On redirect examination he de-
clared that he had been told by DR..
Hunt of Portland that he could do
light work, but that when he tried
to do 1t he became dizzy. He is now
in a very nervous condition.
DR.. Frank w. Lamb of Portland
testified with regard to X-ray pic
lures which he had taken of the in
jury and which were produced. He
declared that they show a COM
pressed fracture of the fifth and
sixth cervical vertebrae. These pic
lures We're taken few days ago.
DR.. e. G. Abbott of Portland was
next called. DR.. Abbotts testimony
was of technical nature dealing
with injuries of this nature, treat
ment. possibilities of cure and of
such an injury becoming worse as
time goes on. He declared that with
such an injury. and judging from
arrays taken In June and those re-
cently taken, In this particular case
tnere was a strong chance that the