Rensselaer Republican, Volume 16, Number 10, Rensselaer, Jasper County, 15 November 1883 — Ten THOUSAND DOLLARS [ARTICLE]

Ten THOUSAND DOLLARS

Awarded the Plaintiff* in tlie Case o|* IVright v%. The L» IV. A. A C. r ' A- l " r Near Putnamville, a small place about six miles south of Greencastle, the L., N. A. & C. railroad passes through a deep cut. A wagon road crosses the cut on an over-head bridge, which is maintained by the railroad company. The floor of the bridge ts not more than four or five feet above the cops of ordinary freight cars. On the 13th of January, 1882, early on a dark, foggy morning, the eer of a freight train, which was running at a high rate of speed, whistled hard for “down brakes.” Warren Wright, a new hand on the road, mounted to the top of the cars, and began to set the brakes, beginning at the front of the train. While running towhrds the rear of the train, from one brake to another, the train passed under the low midge, and he was struck a dread • ful blow upon the back of the head. He fell senseless, ljut, fortunately, did not fall from the car. The unfortunate man remained uncon scious for a period of 21 days, and has never fully recovered from the e ffects of the accident. One side of his body is so badly that he can walk only with great difficulty, and ins mental faculties are so impaired as to entirely unfit him for either mental or physical labor. .

As railroad companies can be sued in any county crossed by their load, Wright began an action against the L. N. A. & C. in VV hite county laying his damages i! $51,000. The railroad took change of venue and the case was brought to Jasper county. The trial of the case began on Saturday, Nov., 3rd, with a fine array of legal talent on both sides. Jas. P. Wright, of Reynolds, W. P. Adkinson, of Indianapolis and M. F. Chilcote, of Rensselaer for Plaintiff; and W. F. Stillwell, of Lafayette. Hon. Geo. W. Freidley, of Bedford, and SmP. Thompson, of Rensselaer, for the railroad. The case was one of unusual importance, not only on account of the large amount involved, but, in a ten fold greater degree, because averdict for the plaintiff, if finally sustained by the supreme court, will establish the liability of railroads in such cases, and open the wayfor numberless similar suits.

The trial of the case was not concluded until last Thursday afternoon. A vast amount of testimony was adduced on both sides, and the services of a short hand reporter were called in, to report the case. The plaintiff based hie claim upon the theory that the ' railroad company was responsible for the accident, from the fact that they knew the bridge was dangerous, because several men had been killed there before, and many others injured; and that, in maintaining the bridge at a dangerous height, they were violating the laws of the state, and were justly responsible for the consequences of such violation. The defense took the ground that the company was not liable, inasmuch as the plaintiff had knowledge, either actual or constructive, of the dangerous character of the bridge, and hence his own negligence was adcMent. One of the most interesting features of trial, was the testimony of phvsicians as to the effects of injury to the brain. Among the physicians so testifying, were: Drs.O. Ferrell, of Lafayette, and Loughridge, of Rensselaer. The venerable and distinguished Dr. McPheeters, of Bloomington, was present as a witness, but was not put upon the stand.

The very dangerous character of the bridge, and the culpability of the company in maintaining it, was shown by the evidence of a physician, resident of the vicinity where it is situated. He made deposition that he had known of five men having been killed by it; two of them instantly. One man was killed there within two weeks from the time Wright was hurt. Seventeen men, it is stated, haye been struck by the bridge since the construction of the rail-road. The case went to the jury Thursday, and on the day following they brought in a verdict, awarding the plaintiff SIO,OOO damages. A new trial will be asked for, at the January term, and in case it is refused the case will, undoubtedly, be taken to the supreme court.

D. G. Warner, ol Rensselaer, was in town again over Sunday; seems to be some feminine attraction for him visiting liere, although she affirms to the contrary. — [Montieello Herald, i We don’t reckon she talks that way to Grant, though.