The following documents are taken from the Record of Appeal in the case, as published by Austin W. Scott and Sidney P. Simpson, in their textbook, Cases and Other Materials on Civil Procedure (1951) at 831. They are being published here for the exclusive use of students enrolled in Torts I at Indiana University School of Law - Indianapolis.
HELEN PALSGRAF,
Plaintiff-Respondent,
AGAINST
THE LONG ISLAND RAILROAD COMPANY,
Defendant-Appellant.
JOSEPH F. KEANY
Attorney for Defendant-Appellant,
Pennsylvania Station,
New York City.
Attorney for Plaintiff-Respondent.
S
SUPREME COURT OF THE STATE OF NEW YORK
County of Kings
Before:
Hon. Burt Jay Humphrey, Justice, and a Jury. Brooklyn, N.Y., May, 25, 1927.
(A jury was duly impaneled and sworn.)
Direct Examination by Mr. Wood:
Q. How old a lady are you?
A. 43.
Q. How many children have you?
A. Three.
Q. What are their ages?
A. 21, 18 and 15.
Q. Had you ever suffered from any nervousness or stuttering
or stammering up to that time?
A. Never.
Q. Had you done your work before that time?
A. Always did.
Q. By your work, I mean your regular house work?
A. Yes.
Q. And besides your regular house work did you do any other
work outside of the house.
A. I did.
Q. How much were you allowed for your janitor work?
A. I was allowed $10 a month.
Q. How much rent did you pay in addition to that?
A. At that time I had to pay $14.
Q. Now, outside of that did you do some work that you got some money for?
A. Once in awhile--before the accident.
Q. I mean before the accident?
A. I did two or three days a week.
Q. What kind of work was this?
A. House work.
Q. How much did you get a day for that?
A. I charged two--three.
Q. Dollars. How much on the average would you earn per week
in that manner?
A. About $8.
Q. Is that Jamaica or Ridgewood?
A. Ridgewood.
Q. And that day did you start to go somewhere by the train?
A. To Rockaway Beach.
Q. And what time of day did you leave home?
A. We left about half past nine from the house.
Q. Who was with you?
A. My two daughters, Elizabeth and Lillian.
Q. How old was Elizabeth at that time?
A. 15, Elizabeth; Lillian was about 12.
Q. And where were you going?
A. To Rockaway Beach.
Q. When you got there, did you pay your fair?
A. I bought my ticket.
Q. When you got to the platform were there any people there?
A. A big crowd of people.
Q. And what day of the week was this?
A. On Sunday morning.
Q. And was it hot or warm?
A. Quite a hot day.
Q. Now, at that station do you know whether trains for various destinations go
through?
A. There was one train passed before mine came.
Q. That was not your train?
A. No, sir.
Q. Now, did an explosion take place there?
A. When that train that was in went out, the explosion occurred.
Q. Took place?
A. Yes.
Q. Now, as you saw this train pulling out from the station (which you did), before
that did you go over to some other part of the platform?
A. Just walked up and went to where I stood at the scale, around a small
place.
Q. At a corner of the platform?
A. At a corner like that (indicating corner of court room).
Q. Were those scales high or low?
A. Well, not very high and not so very low either.
Q. Well, were they as high as your head?
A. About as high.
Q. Did you stand near the scale?
A. I was next to it.
Q. Did you have a valise with you.
A. I had.
Q. Now, this little daughter, Elisabeth, was with you then, wasn't she?
A. Yes, sir.
Q. Did Lillian go away for any purpose?
A. Coming up the stairway she asked if she could have the paper--for change--and I handed
it to her to get the Sunday paper, and she walked one way and we walked the other.
Q. And this platform--about how wide was it, if you can recollect, from about the
place the car is to where the partition was?
A. From twelve to fifteen feet.
Q. And how long, do you recollect, it was?
A. Well, that I didn't really--I know quite a few cars can stop on it.
Q. Now, as you were standing there and this train started to
pull out, you say an explosion occurred. Did you hear
any noise?
A. Firecrackers shooting.
Q. Was the noise loud?
A. The noise was so that the flying of glass and the fireworks was all in my ears.
Q. Well, what happened, if anything, to the glass or mirror of the scales?
A. Flying glass--a ball of fire came, and we were choked in smoke, and I says,
"Elizabeth, turn your back," and with that the scale blew and hit me on the
side.
Q. Which side?
The left side?
A. Yes, sir, the left side.
Q. What part of your body was hit?
A. My arm and the thigh.
Q. And your hip or thigh?
A. Yes.
Q. Was that black and blue after the accident?
A. It was blue the next day.
Q. And then was there smoke that filled the station?
A. I was in a mass of smoke; I couldn't see nobody.
Q. Did you hear voices in that smoke--cries?
A. Well, all I can remember is, I had my mind on my daughter, and I could hear her holler,
"I want my mama,"--the little one.
Q. That was Lillian.
A. Lillian, yes.
Q. What did you do to protect Elizabeth who was with you?
A. I had her by the wrist holding her, and we got jammed in the corner by the crowd
running away from us.
Q. And then what is the next thing you recollect, Mrs. Palsgraf?
A. The next--all I could hear was Lillian hollering for "My mama." With that an
officer come and led Elizabeth and I to the bench by the news stand and left us sitting
there, and give me a drink of something, and then he took me down the stairs and led me
across down and into the--
Q. Waiting room?
A. And the ambulance doctor took me over.
Q. Now, wait. This officer you speak--of was that a police officer?
A. Yes.
Q. And as you say, he led you. Did he assist you?
A. He led me by the arm down.
Q. Could you walk unassisted?
A. Well, I just about could walk alone. I shook and trembled from head to foot.
Q. What part of your body was trembling?
A. My legs--my whole body.
Q. Now, after he led you over to this seat and you got the drink of water and it
revived you somewhat, then you were taken out to another room and sat down?
A. Downstairs.
Q. Then the ambulance came?
A. Yes, sir.
Q. Did the ambulance man treat you?
A. The ambulance doctor took me to the waiting room where we bought the tickets, and he
give me something to drink and told me to sit there for a while and finish the rest of it,
as he had went to some other patients on the platform.
Q. Were there many ambulances came?
A. There was quite a few there.
Q. Did the fire engines come?
A. The fire engines were there.
Q. Then did you get home eventually?
A. Well, about half an hour after my two daughters and I took a taxi and rode home.
Q. And then when you got home what did you do?
A. The doctor told me to lay down and rest myself, and then I did that for a few days, and
along about--
Q. Just a minute. Then did you call a doctor?
A. The next day the doctor come from the Long Island Railroad Company.
Q. What is the doctor's name?
A. I don't know.
Q. Well, that is the railroad doctor?
A. Yes.
Q. He examined you, did he?
A. Well, he just asked me about the case.
Q. You never saw him after that?
A. No.
Q. And don't know his name?
A. No.
Q. Now, did you get a doctor of your own, Mrs. Palsgraf?
A. Yes, I did.
Q. What is his name?
A. Dr. Parshall.
Q. When did he first come to see you?
A. He come on Tuesday.
Q. That is the Tuesday after the Sunday on which you were hurt?
A. Yes.
Q. And between Sunday when you were hurt and Tuesday, did you notice any
diminution of the shaking and trembling of your body?
A. Well, between Sunday and Tuesday night I didn't tremble, until about Wednesday morning.
During the night it kind of stopped, but my speech was affected.
Q. Up to that time your speech was not affected, although it was then?
A. Until then.
Q. Your muscles got better but your speech got worse?
A. And I still trembled a trifle.
Q. Now, has your speech been stuttering and stammering ever since that day, as it
is now?
A. Ever since the day of the accident.
Q. Has it been any better or worse?
A. Worse.
Q. Now, how long did the doctor come, Mrs. Palsgraf, to see you, at your house?
A. I should figure, about six weeks.
Q. And then did you go to his office?
A. Yes.
Q. Of course you could walk all right?
A. Just around the corner.
Q. How long a time did you go to his office?
A. Oh, I should judge, about two or three months.
Q. Of course, during that time you didn't work, did you?
A. No.
Q. Have you worked and earned this money that you were earning from outside work
since the day you were hurt?
A. No, I couldn't.
Q. Did you keep up your janitor work for a time after that?
A. I did that.
Q. You have anybody to help you do that work?
A. I did.
Q. Who helped you?
A. My neighbor next to me, and my daughters, done the work; but I couldn't keep it up.
Q. Your daughters work now, don't they?
A. They work now.
Q. All three of your children work now, don't they?
A. Yes, they work now.
Q. They didn't work then, did they?
A. No.
Q. Have you given up the janitor work since?
A. Yes.
Q. When did you give it up?
A. Nearly a year this June coming.
Q. In June, 1926, you gave it up?
A. Yes.
Q. You haven't done any janitor work since that time?
A. No.
Q. Has the doctor's bill been paid.
A. No.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. Mrs. Palsgraf, when you got to the East New York station that day the platform
was just a few steps agove [above] the level of the street?
A. Yes.
Q. And as you approach the platform you cross the street to get to it, do you?
A. Yes.
Q. And between the steps leading to the platform and the curb of Atlantic Avenue
there is a roadway that cars and wagons pass through?
A. I am not acquainted about that; I really don't know.
Q. You just went up a few steps to get into the station platform?
A. Yes.
Q. And then when you got on the platform did you walk some distance away from the
steps?
A. Well, I should judge, we walked from this distance to about where you are--not quite
(indicating).
Q. You had no difficulty in making your way to that position on the platform, had
you?
A. (No answer).
By the Court:
Q. When you went down the platform he asked you if you had any difficulty in
getting down?
A. The station was crowded, we had to pass through a crowd waiting for the trains to come
in.
By Mr. McNamara:
Q. How many trains came in while you were there?
A. Just the one.
Q. Just this one train?
A. The cars that you call on the railroad was generally like on the elevated station--has
got four cars. By the Court:
Q. Four cars?
A. Well, I really don't know how many cars there was, but there was more than one.
By Mr. McNamara:
Q. And there was more than one car on the train?
A. The cars--you call a car a train, wouldn't you?
Q. No, a train as I understand, is made up of a number of cars.
A. Well, that I couldn't tell you--how many cars was with that.
Q. That is not what I asked you. How many trains came in while you were there?
A. One.
Q. That was not the train going to Rockaway where you wished to go.
A. No.
Q. Now, did you see any men carrying bundles on that station?
A. I did not.
Q. Did you have a bundle yourself.
A. My valise.
Q. You had a valise. Did you see anybody on that station with a bundle?
A. There were people with valises the same as myself.
Q. So pretty near everybody on the station had a bundle or a valise or bag of some
kind, hadn't they?
A. That I wouldn't vouch for.
Q. Well, you saw a great number of people there with bags and valises and bundles
of one kind and another?
A. Yes.
Q. When this explosion took place did you see any lights of any kind?
A. I just see the ball of fire, and then it was all black smoke and couldn't see nothing
no more.
Q. Well, was that ball of fire that you saw made up of different colored lights?
A. I couldn't remember that because the flying of the glass, the cracking of the glass,
made me tell my daughter to turn her back for fear we would get cut and I can't remember
anything after that.
Q. Well, can you tell us whether or not there was more than one explosion?
A. Well, it sounded like a lot of firecrackers going off, like you hear on the 4th of
July.
Q. Do you know who the policeman was that assisted you at the time?
A. I couldn't tell you.
Q. Was he a city policeman?
A. He wore a dark blue uniform, like a city policeman.
Q. Now, prior to this day were you troubled with nervousness?
A. Never in my life.
Q. Your nerves never gave you any trouble at all?
A. Never.
Q. Now, did you give up this janitor work because your children had grown up and
gone to business?
A. No, because I couldn't do it any longer.
Q. But since the accident your children have started to business?
A. Since the accident my children have started to business.
Q. And they are all living at home with you?
A. Yes. sir.
Q. Now I understand you to say that you are now living at 102 something Jamaica
Avenue?
A. 10233 Jamaica Avenue.
Q. What do you occupy there--an apartment?
A. Just a floor. I am all alone in a house, over next door.
Q. And the rental that you pay there is greater than what you were paying in
Irving Avenue?
A. It is a little more; yes.
Q. Could you tell us, Mrs. Palsgraf, how many cars of that train had passed you;
or was the train standing still when this accident took place?
A. There was about--I should judge about three or four cars passed me just going--creeping
along--when we heard the explosion; they were just starting.
Q. They were leaving the station?
A. Just leaving. They wasn't off the station when the explosion happened.
Q. And how near were you to the place where the explosion took place?
A. That I can't exactly tell; I don't know what train took the explosion.
Q. But you saw a ball of fire?
A. The whole station seemed to be in a blaze to me at the time.
Mr. McNamara: That is all.
Herbert Gerhardt, residing at 81 New Jersey Avenue, Borough of Brooklyn, City of New York, called as a witness on behalf of the plaintiff, being duly sworn, testified as follows:
Direct Examination by Mr. Wood:
Q. Mr. Gerhardt, what is your business, please?
A. Engraving.
Q. In business for yourself?
A. Yes, sir.
Q. Do you recollect the 24th day of August 1924, being on or near the East New
York station of the Long Island Railroad Company?
A. Yes, sir.
Q. Was anybody with you?
A. My wife.
Q. Where did you intend to go that day?
A. To Rockaway Beach.
Q. Were you up on the platform when the explosion occurred?
A. Yes, sir.
Q. Did you see the explosion?
A. Yes, sir.
Q. Did you hear it?
A. Yes, sir.
Q. Was the explosion loud, or not so loud?
A. Very loud.
Q. Did you see any fire or fireworks?
A. Yes, sir.
Q. Where did you see them?
A. In between the platform and the train, when they exploded.
Q. Now, do you know what caused this explosion?
A. Yes.
Q. Yes or no?
A. Yes, sir.
Q. Just tell the jury in your own way what you saw from the time when you got on
the platform until after the explosion.
A. I was standing on the platform right as they come up from the ticket office, there--you
know, past the guards where they get tickets--with my wife, and two Italians came
up--young fellows--and they wanted to make this here Jamaica express, I believe--or a
local it was--I am not sure--and the two of them come, and one of them had a bundle under
his arm, and the one fellow who had the bundle hit my wife in the stomach and I turned
around and I looked at him, and just then the train was starting off and this fellow who
had the bundle was last, the other fellow was already on the train and the train was in
motion and the guard inside was trying to help the fellow on, and the platform man was
trying to help him on from the outside, as he had the bundle in his right hand, the
platform man pushed his arm and the bundle fell between the platform and the train, and I
stood there for a while, and about a second later, why, everything went in a black smoke
and explosion, and my wife she ran out and she fainted in the street and I had to take
care of her right away and take her over to the station master, and I come back and I
wanted to take an officer from the Long Island Railroad over and identify the fellow on
the train.
Q. This Italian?
A. Yes, But they wouldn't do it, they wouldn't hold the train, they let the train stop but
the train continued right on again.
Q. You offered to the man on the platform to go up and identify the Italian man?
A. Yes, the special officer on the platform there.
Q. Now, when these two Italian men started to take this train you say the train
was in motion?
A. Yes, sir.
Q. And there was a guard on the train?
A. A guard on the train.
Q. And a platform man on the platform.
A. Yes, sir.
Q. And each tried to assist this man to get on the train?
A. Yes, because the other fellow was on already.
Q. And which man hit the arm that carried the bundle; the platform man or the
guard?
A. The platform man.
Q. He had hold of the right arm of the Italian?
A. Yes, he tried to assist him on and he was trying to grab the train.
By the Court:
Q. How big a man was he?
A. Well, a short fellow. His arm wasn't fully around it.
By Mr. Wood:
Q. Was it round?
A. Yes, and it was wrapped in newspaper.
Q. And how big around was it?
A. Well, a bundle like that (indicating).
Q. A foot or eighteen inches?
A. About like that--about eighteen inches in diameter (indicating).
Q. Was it round or oblong?
A. Round.
Q. Wrapped in a newspaper, this bundle?
A. Yes, sir.
Q. Now, as they helped the Italian man they hit the bundle and it fell between the
train and the platform?
A. Yes, and the train pulled it, like, between the train and the platform and exploded it.
Q. And then this explosion took place?
A. Yes, sir.
Q. Was the station filled with smoke?
A. Yes, sir.
Q. Did you see any stars or fire?
A. Well, I rushed right up to my wife as soon as it went off.
Q. You don't know this plaintiff, do you?
A. No, sir.
Q. Never saw her before, did you?
A. No, sir.
Q. Now, did you see what happened to those scales on the platform?
A. After I did; yes, sir.
Q. What was its condition?
A. Well, it was blown right to pieces and knocked down, the glass was busted and blown
just simply laid on the platform.
Q. Laid on the platform?
A. Laid on the platform.
Q. Were there many people on the platform?
A. Oh, yes, quite a crowd--on Sunday morning for Rockaway Beach.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. How long had you been on the platform before this explosion took place?
A. Well, I thought it was a Rockaway Beach train coming in and my wife and I we got up to
see, but it was a different train, and just right after this train come I should judge
about five minutes.
Q. This was the second train that come in, was it?
A. Yes, while I was on the platform.
Q. And where were you going?
A. To Rockaway Beach.
Q. Did you have a bundle or a bag with you?
A. No.
Q. Did you notice the other people on the platform, as to whether they had bundles
or bags?
A. Well, yes,--suit cases and satchels, and so forth.
Q. The great majority of people on that platform were carrying bags or bundles of
some kind, weren't they?
A. I didn't see all, I just seen a few as I stood there have packages.
Q. Well, a great majority of those you saw had packages or bundles?
A. Yes.
Q. Did you see Mrs. Palsgraf there that day?
A. No, sir.
Q. And you don't know the lady?
A. No, sir.
Q. How did she get your name as a witness do you know?
A. My wife, when she was over in the station master's--I gave it to the station master and
an officer of the law--my name, see?
And the officer of the law gave it, and naturally I moved since then and she only got in
touch with me now. As a matter of fact I was going to put in a claim myself because my
wife was in bad condition herself.
Q. Now, you say you saw these two men, was it, enter the platform?
A. Yes, sir.
Q. And were they running or walking?
A. Running--running for the train.
Q. Running to make the train that was about to leave?
A. Yes, that was about to leave.
Q. And did both of them get aboard the train, or one of them?
A. One got aboard, you know, when it was just starting to pull out, and was just getting
on, and the other fellow was running, and as he ran he hit my wife on the stomach and I
looked at him and he got on the train and when he got on the train the platform man tried
to push him on and the guard of the train to pull him in while the train was in motion.
Q. The fellow that was carrying the bundle, then, didn't get on the train?
A. Yes, he got on.
Q. He got on the train?
A. On, yes.
Q. And did he drop the bundle after he got on or before he got on?
A. While he was jumping on he dropped the bundle, but he was afraid of losing his balance,
but he got on himself any way because he went with a running start.
Q. And immediately after he dropped the bundle did an explosion take place?
A. About a second after; just about a half of a car went by when the explosion went off.
Q. Did it take place just about the spot on the platform where he boarded the
train?
A. Yes, about five or ten feet away.
Q. You say there was a platform man there at the place where he boarded the train?
A. Yes, sir.
Q. And he assisted him on?
A. Yes, sir.
Q. Do you see that platform man in the court room here?
A. No.
Mr. McNamara: That is all.
Mr. Wood: That is all.
(Trail adjourned to May 26, 1927, at ten o'clock A.M.)
Brooklyn, N.Y., May 26, 1927.
Trial Continued.
Dr. Karl A. Parshall, residing at 314 Bleecker Street, Borough of Brooklyn, City of New York, called as a witness on behalf of the plaintiff, being duly sworn, testified as follows:
Direct examination by Mr. Wood:
Q. Doctor, are you a regularly licensed physician in this Borough and City?
A. I am.
Q. How long have you been practicing as such?
A. About 30 years.
Q. Do you know the plaintiff, Mrs. Palsgraf?
A. I do.
Q. Did you ever treat her before August, 1924?
A. Yes, sir.
Q. What for?
A. Minor complaints.
Q. Before that date did you ever notice that she suffered from stuttering or
stammering or any trouble with her vocal cords or organs?
A. She did not.
Q. She had full control of her speech?
A. Yes, sir.
Q. Was she suffering from nervousness before that time?
A. No, sir.
Q. Did you treat her after August 24, 1924?
A. Yes.
Q. When after that?
A. August 25th, 1924.
Q. Did you examine her at that time?
A. Yes, sir.
Q. What did you find her condition then to be?
A. Why, she was extremely nervous and very shaky, and shook up, and in a state of shock,
and then she had some small bruises on her shoulder and side.
Q. The left side?
A. The left side, yes, sir.
Q. Was she in bed or lying down.
A. She was lying down in bed; yes, sir.
Q. And at that time when you first saw her, was she then suffering from any
stuttering or stammering?
A. That occurred a few days later.
Q. That came on how many days later?
A. I should say, two or three days after that.
Q. And how long did you call at her house and treat her for these troubles?
A. I called at her house for about two weeks, and then she got better; that is, she was
able to get around and then she called at the office.
Q. How long did she call at your office? How many times?
A. The whole period--about two months.
Q. During that time how many visits did she make to your office?
A. About twenty times to the office, and I saw her at her house about ten times.
Q. So your attendance on her carried her over the months of August and September
and something into October, I take it, 1924?
A. That is right.
Q. When did you first observe this stuttering and stammering evidence itself?
A. Two days afterwards--two or three days.
Q. How did it evidence itself?
A. Well, she began stuttering; that is, she couldn't answer the words, and then it
remained very much the same all the time.
Q. Have you ever observed any change or improvement in that condition since that
first came on?
A. No, sir.
Q. Did it get worse or slightly better?
A. It stayed about the same.
Q. Now, doctor, assuming that this lady never was in an accident before August 24,
1924, and was in good condition physically before that date, as she testified; assuming
that on that date she was at a railroad station, that an explosion took place, a violent
explosion, so that she was forcibly thrown up against a part of a partition and against a
metal scales, injuring her left side, her arm and her leg and side; that thick smoke that
couldn't be seen through permeated the whole station; she was in a state of panic, partly
dazed; assuming all those facts to be true, basing your answer upon those facts as well as
your own examination of her on August 26, 1924, can you state, with a reasonable degree of
certainty, whether or not an accident such as I have described would be a competent
producing cause for the injury you found her suffering from?
A. There is no question but what it was.
Q. Now, doctor, basing your answer upon the same assumption can you state, with
reasonable certainty, how long those injuries will last?
A. There has been no improvement since the accident. I don't see why there should be later
on, as far as I am able to judge.
Q. So they are likely to be permanent?
A. They are likely to be permanent.
Q. Have you been paid for your doctor's bill, doctor?
A. No, sir.
Q. How much is the doctor's bill to date?
A. $70.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. Have you ever treated a patient before, doctor, for a similar condition?1
Q. Just what is the cause of this stuttering and stammering?
A. It is traumatic shock.
Q. Will you tell the jury just how it affects the vocal cords to cause this
stuttering and stammering?
A. Well, I am not a neurologist. Those things--I know that they do occur from shock of
this kind. You may just as well have paralysis of any other part of the body.
Q. Do you know whether or not that condition might result from any other cause?
A. Not that I know of. Any shock would do it.
Q. Well, is there any other condition other than shock, that you know of, that
might bring that condition on?
A. No, sir.
Q. Did you recommend that she consult some neurologist about this condition?
A. Something was brought up about it at that time, but those people are very poor and they
didn't take to it very much, and so I didn't do anything about it.
Q. Did you in the course of your treatment consult any neurologist?
A. I did not.
Q. Just what treatment did you give her, doctor?
A. Medical treatment.
Q. Well, did you prescribe medicines for her to take?
A. Yes, sir.
Q. And were those medicines just for her nerves?
A. For her nerves; yes, sir.
Q. Would those medicines, in your opinion, doctor, relieve her of this stammering
and stuttering?
A. Well, they did not. They sometimes do, but they did not in this case.
Q. You say they sometimes do?
A. Yes, sir.
Q. Well, have you ever treated a case where they have?
A. No, sir.
Q. Have you ever observed a similar case being treated?
A. Why, there are records of similar cases.
Q. And you have never personally observed any such cases?
A. No, sir.
Q. Now, before treating her in August of 1924, did you ever treat her for a
nervous condition before?
A. No, sir.
Q. Would you say, doctor, that she wasn't nervous prior to that time?
A. No, sir.
Q. She was not?
A. No, sir.
Q. Did you prescribe different medicines for her on each of her visits to you,
doctor?
A. No, not different each time, no.
Q. But you continued the same medicines?
A. Not all the time; no.
Q. What was it you prescribed?
A. Well, principally bromides and nerve tonics, and things like that--alternatives, and
things like that.
Q. Just medicines to quiet her nerves?
A. Practically, yes.
Q. Did those medicines have the effect of quieting her nervous condition?
A. Slightly.
Q. Is she still as nervous today as she was when you treated her?
A. Yes, sir.
Q. I didn't hear your answer?
A. I said, yes, sir.
Q. Upon what experience, doctor, did you base your opinion that this condition is
likely to be permanent?
A. I say, I am not a neurologist. Only from what I have read and studied on the case and
talked with others.
Q. So that this condition may not be permanent?
A. I am not prepared to say. As far as my judgment goes, it is. It has persisted for three
years nearly, so I don't see where it is going to get much better.
Q. Now, on the day that you visited her at her home, was she in bed?
A. Yes, sir.
Q. Was there anything about her physical condition, doctor, to prevent her from
being up and around?
A. Yes, she was bruised in the beginning.
Q. Were the bruises that you found sufficient to keep her in bed for three weeks?
A. Well, I wouldn't say that they were sufficient for that; still, some people would get
up with bruises and others wouldn't.
Q. I beg your pardon?
A. Some people would get up with the same bruises, and others wouldn't.
Q. Well, you didn't advise her to stay in bed, did you?
A. Well, it is so long ago I have really forgotten just what I did advise her at that
time.
Q. And how frequently did she visit your office after she got up?
A. She came in twice--two or three times a week.
Q. And was your advice on each of those visits to continue taking the medicines
you had prescribed?
A. I stopped it several times and told her to take it up again at intervals, to see if she
would be better or worse without it.
Q. And she continued to visit your office for several months after?
A. The whole course ran--over a little over two months.
Mr. McNamara: That is all. At this time, if your Honor please, I move to strike
out the doctor's testimony as to the permanency of this injury, on the ground that the
doctor has not qualified as an expert as to this condition.
The Court: Motion denied.
Mr. McNamara: Exception.
Grace Gerhardt, residing at 81 New Jersey Avenue, Borough of Brooklyn, City of New York, called as a witness on behalf of the plaintiff, being duly sworn, testified as follows:
Direct Examination by Mr. Wood:
Q. Mrs. Gerhardt, on August 24th, 1924, were you on the East New York station of
the Long Island Railroad Company?
A. Yes, sir.
Q. Who was with you?
A. My husband.
Q. That is the witness who testified yesterday?
A. Yes, sir.
Q. And where were you going?
A. To Rockaway Beach.
Q. And were you on the platform at the time this explosion took place?
A. Yes, sir.
Q. Now, you can state, if you will, in your own way, what you saw and heard on
that day at that place.
A. I was standing on the New York station, and it was a Jamaica train that was pulling
out, and there was two young Italian fellows running for the train, and one fellow caught
it, and the guard on the platform pushed the other little Italian fellow, and by grabbing
his right arm, he knocked the package which he had in his arm between the platform and the
train, and as the train kept moving the bundle started to explode.
Q. Now, also, before that, had the same Italian man with the bundle struck you?
A. Yes, as he ran past he hit me with his right arm, right in the stomach.
Q. That is the man who had the bundle?
A. Yes, sir.
Q. And you were jostled and pushed by this same Italian?
A. Yes.
Q. Now, how big a bundle was it, Mrs. Gerhardt?
A. Well, I guess it was about this big (indicating about 15 inches)--a round bundle, sort
of--well, yes, fifteen or twenty inches; it was quite a large
bundle.
Q. Was it round or cylindrical in shape?
A. Well, the way he had it rolled I would say it was like oval; it wasn't a square
package.
Q. And was it wrapped in something?
A. Yes, a newspaper.
Q. Tied?
A. Tied?
Well, I guess it had cord on, but I noticed there was a newspaper around it.
Q. Now, the man who was ahead of the man with the bundle, he got on the train all
right?
A. Yes.
Q. The train was moving?
A. Yes, the train was in motion.
Q. And then the man with the bundle was being assisted by the guard on the train
as well as the platform man on the platform?
A. Yes, sir.
Q. At the time the accident occurred?
A. Yes, sir.
Q. Now, lady, was the explosion loud or violent, or what character was it?
A. Well, I will tell you, the first explosion was very loud and after that when I heard it
and saw the screaming and all, I run to the street, and, of course, then when I got out
there, on account of the excitement and being hit in the stomach, I fainted. So I really
didn't see any more after that.
Q. And was there smoke permeating the station at that time?
A. Well, from the first explosion it was like all black smoke, you know--covered all the
station.
Q. There were several explosions, then, were there?
A. Yes--at least more than one--yes, there were a number of them at that time.
Q. Were there many people on the station at that time?
A. Yes, there was quite a crowd.
Q. And how wide was this station where the people were standing, about, if you
recollect?
A. I guess it was about from the desk (indicating) over to where that man is sitting
(indicating).
Q. About, say, twelve feet?
A. Yes.
Mr. McNamara: Right
Q. And how long was this platform where the people were standing, if you
recollect?
A. Well, it was quite long. I really couldn't say, but it is a long station.
Q. Was it as long or longer than this room?
A. Yes.
Q. Judging by the length of cars in the train, how long do you think it was?
A. Well, I guess there was probably four or five trains in it and I guess it was almost as
long as that.
Q. By "trains" you mean cars?
A. Yes, the cars.
Q. Did you see a scales on the platform at that place?
A. No, I didn't see any of that.
Q. You don't know the plaintiff, do you?
You don't know Mrs. Palsgraf?
A. No.
Q. You never saw her before yesterday?
A. No.
Q. You never saw me until yesterday, did you?
A. No, sir.
Q. You are subpoenaed, aren't you?
A. Yes, sir.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. How long had you been on the station platform before this explosion took place?
A. Well, I would say about five--maybe ten minutes; it wasn't long.
Q. Five or ten minutes. Where were you going?
A. To Rockaway Beach.
Q. Did you have a package of some kind?
A. No, sir.
Q. No valise?
A. No--we had nothing at all.
Q. Most of the passengers on that station had a package or valise of some kind;
had they not?
A. Well, some people had bathing bags and some had valises; and, of course, mostly
everybody carries a package.
Q. Yes, it was a regular crowd going to the beach for the day?
A. Yes.
Q. With lunches, bathing suits and things?
A. Yes, sir.
Q. Now, you say you saw these two men that you describe as Italian men, enter the
station?
A. Yes, they came running up the stairs.
Q. And was the train at the platform as they got on the station?
A. Yes, but the train was in motion; it was going.
Q. The train just started to leave?
A. Yes.
Q. And that wasn't a Rockaway train, was it?
A. No, I believe it was a Jamaica train.
Q. And these two men ran towards the train?
A. Yes. sir.
Q. Then, I understand you to say, that one of the two men got on this train?
A. Yes.
Q. And the second man was about to get on when he dropped the bundle; is that
right?
A. Well, yes, but he got on with the help of the guard on the station.
Q. And you say there was some man there who assisted him on?
A. Yes, one of the specials they have, with a gray uniform.
Q. When you say "guard" that is what we call a man on the train who
operates the doors; is that the man you mean?
A. Well, he held the door open and the other man on the platform pushed him in.
Q. The man standing on the platform with the uniform on, you say, pushed this man
in?
A. Yes, sir.
Q. Assisted him to get on the train?
A. Yes, sir.
Q. And when that was taking place the man with the bundle dropped the bundle?
A. Well, yes when the man on the station took his arm to assist him in, in grabbing the
arm he knocked the bundle out.
Q. Well, did you see the platform man's hand strike the bundle?
A. Yes.
Q. How near were you to this occurrence?
A. Well, we were standing about here (indicating) and it might have been right there
(indicating), where that railing is (indicating).
Mr. Wood: That is six or seven feet?
Mr. McNamara: About seven feet.
Q. Were you east or west of where this occurred, if you know?
Were you further to Jamaica from where this accident took place, or in the other
direction?
A. Oh, I would be this side (indicating) this way (indicating) nearer to downtown
Flatbush.
Q. You were nearer the rear end of the train?
A. Yes.
Q. And was the passenger's back turned to you--the man that had the bundle?
A. Well, yes, in getting on the train.
Q. And was the platform man's back turned to you?
A. Yes.
Q. But you had no difficulty seeing just what was done at this point[?
] A. No, no; it was right in front of me.
Q. Then the bundle fell, did it?
A. Yes.
Q. Did it fall on the train or on the station platform, or where did it fall?
A. Well, it fell between the platform and the train and it like stuck there, and as the
train kept right on moving why, it caused it to explode.
Q. It was the bundle, was it, that exploded?
A. Yes.
Q. And did you see any lights come from that explosion?
A. Well, no; I just heard the one explosion and then I run.
Q. You have seen fireworks displays, have you not?
A. I don't get you.
Q. You have seen fireworks displays, have you?
A. Yes.
Q. Did this explosion explode like fireworks?
A. Well, there wasn't much fire to it; there was mostly more smoke and noise.
Q. This bundle the man carried under his arm, did he?
The man getting on the train, did he have the bundle under his arm?
A. Yes, under his right arm.
Mr. McNamara: That is all.
Mr. Wood: That is all.
Elizabeth Palsgraf, residing at 10233 Jamaica Avenue, Borough of Brooklyn, City of New York, called as a witness on behalf of the plaintiff, being duly sworn, testified as follows:
Direct examination by Mr. Wood:
Q. Now, Miss Palsgraf, were you with your mother on August 24, 1924, when the
explosion took place?
A. Yes, sir.
Q. Where were you going that day?
A. To Rockaway.
Q. Who was with you outside of your mother?
A. And my sister.
Q. What is her name?
A. Lillian.
Q. And what time of day did you get up on the station platform?
A. About ten o'clock.
Q. And when you got up on the platform, after having paid your fare and passed
through this turnstile, did you see a train come in?
A. A train was approaching the other end of the station.
Q. Now, speak up so that this man away back here can hear you. And which way did
you and your mother go after you got on the platform?
A. We turned to the right.
Q. And how far did you go before you stopped; a short distance or long distance?
A. Well, a short distance from where we started.
Q. And then where did you sister Lillian go?
A. She went down the other end to a news stand.
Q. Speak up?
A. She went to a news stand down at the other end of the station.
Q. And then did you and your mother--did you go anywhere near a scales?
A. Yes, sir.
Q. Do you remember that?
A. Yes, sir.
Q. Did you stop by the scales?
A. Right beside it.
Q. Now, you tell the jury in your own way--and keep your voice up--what you saw
and heard from that time on? From the time you got over to the scales and stopped, what is
the next thing you saw or heard?
A. Well, the train pulled in--
Q. Excuse me interrupting you. Was that the train you wanted to take?
A. No, sir.
Q. You were waiting for another train?
A. Yes, sir.
Q. All right, the train pulled in, and then what happened?
A. And the guard stepped off and called out some names, and the crowd got on the train,
and the guard motioned to someone for the train to pull out.
Q. Excuse me for interrupting you again. Did the train start?
A. Well, after the guard gave the signal.
Q. After the guard gave the signal did the train start?
A. Yes, sir.
Q. And then what did you see? Anybody try to get on the train?
A. No, sir.
Q. Well, what did you see or hear after that?
A. Well, after that we saw a ball of smoke, or fire, and thick smoke, and mother told me
to turn my back so I wouldn't get hit with any glass; there was flying glass around us.
Q. Was there glass flying there?
A. It sounded like glass flying.
Q. Did you see what happened to the scales at which you were standing?
A. It flew apart.
Q. Did the glass of the scales break?
A. Yes, sir.
Q. What happened to your mother, that you saw?
A. Mother was pushed into the wall and her left side was all bruised.
Q. Now, at that time, was there a crowd of people on that platform?
A. Yes, sir.
Q. Much of a crowd, or a small crowd?
A. Well, quite a large crowd.
Q. And when the smoke came down could you see where you were?
A. No, sir.
Q. Was it a big smoke, did you see?
A. Yes, sir.
Q. Now, did you hear your mother call for your little sister Lillian; or did you
hear your sister call for your mother?
A. We heard our sister call for mother.
Q. Go on and tell what happened after that.
A. Well, after that we were pushed into the corner.
Q. Pushed by what?
A. By the crowd, into the corner, and then later all I remember is a policeman coming and
taking us down to the other end of the station and sitting mother on a bench and gave her
a glass of water, and then we were led downstairs where an ambulance surgeon treated
mother and took her across the street.
Q. And did an ambulance come?
A. There were quite a number of ambulances around.
Q. Were there a number of people hurt then? Did you see them around there?
A. Yes, there was a lot of people hurt.
Q. Did the fire engines come?
A. Yes, sir.
Q. Then did your mother go home after that?
A. Yes, sir.
Q. How did she get home?
A. We took her home in a taxi.
Q. You were working at that time?
A. No: I was at school.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. You stood by your mother all the time that you were on the station platform,
didn't you?
A. Yes, sir.
Q. When this explosion took place, you say you saw some fire?
A. A ball of fire and thick smoke.
Q. And was that fire of different colors?
A. Well, I can't remember.
Q. The smoke was very thick?
A. Yes, thick, black smoke.
Q. And in spite of the thickness of the smoke you could see this scale blow apart?
A. Well, we heard it blow apart, as we were standing right alongside of it.
Q. I didn't hear you?
A. We were standing right alongside of it and we heard it blow apart.
Q. You were not struck by any part of it, were you?
A. No, sir.
Mr. McNamara: That is all.
Lillian Palsgraf, residing at 10233 Jamaica Avenue, Borough of Brooklyn, City of New York, called as a witness on behalf of the plaintiff, being duly sworn, testified as follows:
Direct examination by Mr. Wood:
Q. Were you with your mother and your sister Elizabeth on the day this accident
happened?
A. Yes, sir.
Q. After you got on the platform of the East New York station which way did you
go?
A. I went to my left.
Q. For what purpose?
A. To get a newspaper.
Q. And had the accident occurred at the time you bought the paper, or had you not
yet got the paper?
A. I didn't have the paper yet.
Q. You hadn't had time to get it?
A. No.
Q. Now, Lillian, you tell the jury in your own way what you saw and heard as you
were trying to get this newspaper?
A. Well, I walked down the station to my left, and a train was in, and I didn't know which
train it was, so, I looked back to see where my mother was, and as I looked back, I saw
two men running, and one got on the train and one was helped on the train and then I
noticed the bundle fell.
Q. Did the bundle fall from the man's arm?
A. Yes, sir.
Q. Where did it fall, if you saw?
A. Between the platform and the train.
Q. Then when it fell what happened, if anything?
A. The train started to go, and as the train went along the bundle rubbed alongside the
station and the train and it exploded.
Q. And did you see any smoke?
A. Yes.
Q. Was the smoke thick or thin?
A. Very thick.
Q. Were there many people on the train at that time?
A. Yes; it was crowded.
Q. Did you make any call or cry for your mother?
A. Yes, everyone was running and hollering, and so I called for my mother.
Q. Everybody was running and hollering you say?
A. Yes, sir.
Q. Did you see your mother then?
A. Well, no, I couldn't get to her because the smoke was very thick and people were
running towards the stairs and I couldn't go that way, so I called for her and after a
while a policeman brought her back to the news stand where the benches are, with my
sister.
Q. And they gave her something to drink?
A. Yes, sir.
Q. And after that you went home with your mother in a taxicab?
A. We went downstairs and an ambulance doctor treated her and after a while we went home
in a taxi.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. How far was the news stand, Lillian, from where your mother was?
A. Oh, it was quite a distance; it was at the other end of the platform.
Q. Was it at the end of the platform? You said quite a distance. From where?
A. Quite a distance from where my mother was.
Q. And how far had you gone after you left your mother before the accident took
place?
A. Well, just as I got towards the news stand and I looked back because the train was in,
and I wanted to see where my mother was, and I saw the two men running to get on the
train.
Q. And you had gotten right up to the news stand before you noticed these two men,
hadn't you?
A. Well, just about to it.
Q. And how far is that news stand--can you point out in the room here--from where
your mother was standing?
A. The news stand must be about here (indicating), at this here corner (indicating), and
my mother was over here (indicating).
Q. About the width of the room?
A. From about here over to the other side--to that wall (indicating).
The Clerk: It is 29 feet.
Mr. Wood: Thirty feet, I should say.
Q. Could you see your mother from the news stand before the accident took place?
A. Yes--just about noticed her, because the station was crowded.
Q. Then I understand this train came in and was about leaving the station, and you
say two men came running to get on it?
A. Yes, sir.
Q. And one of the men had a bundle?
A. Yes.
Q. And the first man got on the train, did he?
A. Yes, sir.
Q. And as the second one was getting on he dropped the bundle?
A. Yes, sir.
Q. And the bundle exploded?
A. When the train started to go and he was on the train.
Q. What?
A. He was on the train, and he dropped the bundle getting on and it exploded.
Q. And it was the bundle that exploded, was it?
A. Yes, sir.
Q. And then after that, there was considerable confusion amongst the people?
A. Yes, sir.
Mr. McNamara: That is all.
Mr. Wood: That is all.
Now, I have an expert neurologist, your Honor, who was to be here at half past ten. He is expected any minute.
The Court: It is more than half past ten.
Mr. Wood: Well, he said 11 o'clock, as he had many patients to see, but I accelerated the time from 11 to 10:30.
The Court: If he comes in, I will let you put him on.
Mr. Wood: Now, with that exception, your Honor, the plaintiff rests.
Mr. McNamara: If your Honor please, I move to dismiss the complaint, on the ground that the plaintiff has wholly failed to make out a case against the railroad company here. There is no evidence at all of negligence on our part. It surely can not be anticipated, when people are carrying fireworks in a package, and we can't have everybody open their bundles when they come on the station platform.
The Court: Motion denied.
Mr. McNamara: Exception. I rest, if your Honor pleases, and I renew my motion to dismiss at this time, on the ground that no negligence has been established against the railroad company.
The Court: Motion denied.
Mr. McNamara: Exception.
Mr. Wood: If your Honor will indulge us for a few moments. I know that my witness will be here.
The Court: I don't want to deprive you of the benefit of his testimony. I will wait a few minutes.
(At this point the Court declared a short recess.)
AFTER RECESS
DR. GRAEME M. HAMMOND, residing at 40 West 55th Street, Borough of Manhattan,
City of New York, called as a witness on behalf of the plaintiff, being duly sworn,
testified as follows:
Direct examination by Mr. Wood:
Q. Dr. Hammond, are you a regularly licensed physician in this City of New York?
A. Yes, sir.
Q. How long have you been practicing as a physician?
A. Since 1881.
Q. Continuously?
A. Yes.
Q. And during your practice have you specialized in any particular branch of
medicine?
A. Yes.
Q. What are your specialties?
A. Nervous and mental diseases.
Q. Just tell this jury, please, a few of the hospitals that you have been
connected with or are connected with, in that capacity.
A. I am connected with the Nervous Department of Bellevue for some time; professor of
nervous and mental diseases in the Post Graduate for thirty years; chief of clinic at the
Post Graduate for the same length of time; neurologist of St. Marks Hospital, the Skin
& Cancer Hospital; the Fifth Avenue Hospital, and the City Hospital on Riker's Island.
Q. And during the world war were you connected with the United States Army?
A. Yes, I served from the time we went in until three months after we came out.
Q. In what capacity?
A. I was alienist and neurologist. I examined the troops before they went in, to weed out
those who were nervously and mentally unfit; examined all the militia in New York City,
27th Division, at Camp Mills; 77th Division at Camp Upton, and the troops at Camp Mead
before they went out; and then I had command of the hospital at Camp Upton for nervous and
mental diseases, and command of the General Hospital No. 1 for the returned officers from
the other side who had nervous and mental troubles.
Q. During that time how many examinations do you think you made of soldiers?
A. I examined 68,000 troops.
Q. Now, doctor, have you examined this lady, Mrs. Palsgraf, the plaintiff in this
action?
A. Yes, sir.
Q. When and where did you examine her?
A. At my office, two days ago.
Q. Tell the jury, please, in your own way, what you found her condition then to
be?
A. Yes. I noticed, first, that she stammered quite a good deal, and it was with difficulty
that she could talk at all. If she persisted she would get the words out. She had
insomnia, depression of spirits and crying spells--headaches.
Mr. McNamara: Now, if the Court please, I object to the insomnia. There is no evidence here that that is connected in any way with this accident.
The Court: Well, I don't know that there is any direct testimony by her about her lack of sleep.
Mr. Wood: Possibly not about the insomnia, your Honor.
The Court: It may be stricken out and eliminated from your hypothesis.
Q. Proceed, doctor. A. Early mental fatigue on reading; early physical fatigue on trying to do any work; loss of energy and trembling of the body. The trembling I could see. Her blood pressure was 190. When I touched the ball of the eye she gave no sign that it hurt her. I could touch the ball of each eye with my finger without eliciting any sign of pain from her. When I placed her on her feet--feet together and eyes closed--she fell over. There was a tremor in her hands and a twitching of the muscles of her arms and of her legs at times--not always. I think that is about the sum of what I found.
Q. What did you diagnose or call in, in your medical terms, her condition to be?
A. She was suffering from traumatic hysteria.
Q. And by "traumatic" what do you mean?
A. It means--traumatic neurasthenia with more symptoms added to it. It is a nervous
disorder which is due to shock and fright, more than to physical injury. It leaves them
with a very unstable mind and this collection of symptoms which I have just described.
Q. What does the word "traumatic" mean in plain English?
A. It means from injury--due to injury.
Q. Doctor, assuming this lady, 42-years-of-age, prior to August, 1924, was in good
health; on that day she was in a station of this defendant company and suffered from the
effects of an explosion nearby so violent that it threw her up against a scales on the
platform and hurt her left arm and left leg and rendered her dazed, the whole station
being permeated with smoke, dense smoke; she was led by a policeman to a nearby seat,
placed there and given water to drink, and then treated by an ambulance surgeon, and then
taken to her home in a taxicab, where she was confined to her bed for about ten days and
her home for about two months, and treated by her family physician; assuming all those
facts to be true,--based on the assumption that they are true, as well as your own
examination of her, can you state, with a reasonable degree of certainty, whether or not
the condition you found her in was due to the accident that she says she sustained August
24, 1924?
A. Such an accident as you describe is a competent producing cause for the symptoms she
shows.
Q. Doctor, can you say, with a reasonable degree of certainty in your opinion,
whether or not there will be a continuation of these symptoms and this trouble?
A. Yes.
Q. What is your best opinion on that?
A. Well, while her mind is disturbed by litigation she will not recover, but after
litigation ceases--I don't mean by that her getting any verdict but as soon as the worry
of the trial is over and she knows she doesn't have to go here on the witness stand and
undergo cross-examination she should make a fairly good recovery in about three years.
Q. Of course that is problematical, is it, doctor?
A. Yes, sir.
Q. That is, she may recover or she may not?
A. Well, she might be dead. If she lives, she may recover in about three years.
Q. Well, doctor, this condition having now persisted for nearly three years
already, the symptoms not having diminished in that time, would you say that that would
bar her recovery three years from now?
A. Yes, her symptoms never would get any better as long as the litigation was pending. She
hasn't a chance to get well until this trial is over.
Q. But that might take two or three years from now?
A. Yes, all of that.
Q. What are your fees for your examination and testifying here in court?
A. $125.
Q. Is that the reasonable value, in your opinion?
A. Yes, sir.
Q. You never saw the lady before the day before yesterday?
A. No, sir.
Mr. Wood: That is all.
Cross-examination by Mr. McNamara:
Q. Are there likely to be other producing causes of this lady's condition, than
those of shock?
A. Yes.
Q. And a lady of her age in life is more or less subject to nervous disturbances,
is she not?
A. She might be more liable to get a nervous disease at her time of life, than at a
younger time or older time.
Q. Doctor, in your opinion, might this condition have been corrected before this
time by medical treatment?
A. Not while litigation is pending. It has been my experience that it never is benefitted
or relieved or cured until the source of worry disappears by the conclusion of trial.
Q. You assume, then, doctor, that she is under a nervous strain due to this
litigation being pending?
A. Yes.
Q. What is the usual treatment for such a condition?
A. I beg your pardon.
Q. What is the usual treatment for such a condition?
A. Oh, freedom of the mind from worry and care; suitable physical exercise; suitable
mental exercise; and medicinal treatment which is aimed at allaying the irritability of
the brain cells.
Q. Would that medicinal treatment be limited, doctor, to bromides, and medicines
of that character?
A. Bromides would be useful if carefully used.
Q. Are there other things, doctor, that are useful in such cases?
A. Oh, yes; there are quite a number of things.
Mr. McNamara: That is all.
Mr. Wood: That is all.
PLAINTIFF RESTS
__________
The Court: Have you anything to rebut this, Mr. McNamara?
Mr. McNamara: No, I rest, your Honor, and renew my motion.
The Court: I will let it go to the jury.
Mr. McNamara: Exception.
(Mr. McNamara summed up the case to the jury on behalf of the defendant.)
(Mr. Wood summed up the case to the jury on behalf of the plaintiff.)
(The Court thereupon charged the jury as follows:)
COURT'S CHARGE.
Mr. Wood: No requests, your Honor.
The Court: I decline to so charge.
The Court: Well, what have you to say about it?
Mr. Wood: I don't see that it makes any difference.
Mr. McNamara: Exception. May I have thirty and sixty days?
(The foregoing contains all the evidence given upon the trial.)
1. No answer to this question appears in the record.
