Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-10-19
TESTIMONY HEARD IN $4,000
SUIT AUGUSTA man AGAINST
PAPER C0.--T0 CONTINUE TODAY

Testimony for the plaintiff was
completed Saturday forenoon at the
October term of the Supreme Judi
cial Court in the $500 damage suit
brought by Thomas e. Waters of
this city against the S. d. Warren
Co. for personal injuries sustained
while working at the company's
pulp loading plant at Kennebec Sid
ing, and a portion of the testimony
for the defense was introduced be-
fore the adjournment of court at 1
o'clock Saturday noon.
H. w. Farley, who had been en-
ployed at the siding at the time Mr..
Waters was hurt, stated that on
several occasions he had seen bolts
of pulp wood fly from the conveyor
and that when the latter became
crowded with logs as it sometimes
did, they would be showed off the
end. In at least one instance Car
ter, the foreman in charge of the
work, had been with him. At the
time Waters was hurt he was COM
ing from the river bank and he saw
the stick fly through the air and hit
Waters who was some distance
from the witness.
On cross examination he said that
he had seen logs thrown to a place
about where Waters was standing
on several occasions.
Harry McKenney of Augusta, who
had been employed at the siding to
snub cars, and who had worked in
the same place that Waters was
when injured, stated that just the
day before he had narrowly escaped
! a similar fate, but that he saw the
log coming toward him in time to
step aside so that it hit the ground
within a foot. or two of him. At the
time he had reported the incident
to Carter. He also stated that he
could not remember that Mr.. Wat
| tiers had before been taken off the
| river and put at work by the con-
veyor, although he had worked in
other capacities.
On. cross examination he stated
| that he had watched the conveyor
much of the time while at work as
it was dangerous to work there.
c. L. Yeaton had worked about
the conveyor that summer and had
seen logs thrown from the conveyor
a distance of, 20 to % feet. He had
| seen McKenney when he escaped
| injury and was there the day that
Waters was hurt. although he did
| not see the accident. Waters was
working in the same place that Nc
Kenney had been when he was near
| ly hit by the log. At the time Wat
| tiers was injured the conveyor had
been stopped and guard was put
upon the chute before 1t was start
| ed again. He declared on cross ex-
animation that he did not remem-
Der that he had ever seen Walters
! around where the loading was done
! Here Attorney John E. Nelson
! appearing with Attorney Ralph Far
| ris for the plaintiff, introduced and
read a report of the accident, signed
] by II. McFarlane," who Is Howard
, McFarlane, superintendent of the
work at the siding. in which he re-
! ported that the stick fell from the
! conveyor.
DIR. Roland Mckay of Augusta
| stated that he had examined the
plaintiff In June of this year and that
he had advised him to go to DR..
Abbott of Portland, an authority on
work of that sort. He declared that
he had seen no change for the bet
| ter since Waters had come to him
and that he believed as DIR. Abbott
had testified that unless he under
went an operation the condition
would result in paralysis.
After stating the defense, Attor-
ney Jones. of the firm of Bradley.
Linnell and Jones of Portland. called
upon Howard McFarlane, superin-
tendent for the company at Kenne-
bee Siding. Mr.. McFarlane testified
| that the place where the man who
was snubbing the cars should stand
was about 10 to IL feet from the
chute of the conveyor. Mr.. Waters
had assisted in the loading several
times he declared. He had also done
other work about the place beside
his regular work on the river. He
had never seen logs fall from the
conyeyor since 1t was built as 1t was
at the time of the accident, although
wood sometimes falls off the rack
cars when they are nearly filed. He
estimated the weight of bolt of