Ill. Cent. R. R. v. Lawrence
Ill. Cent. R. R. v. Lawrence
Opinion of the Court
Opinion op the Court by
Affirming.
App(elleef Roy M. Lawrence, brought this action against appellant, Illinois Central Railroad Co. to recover damages for personal injuries. The jury returned a verdict in his favor for $4,000. Judgment was entered accordingly, and the railroad company appeals.
The principal grounds urged for a reversal are that the verdict is flagrantly against the evidence, and that the verdict is excessive. A proper determination of these questions will necessitate á somewhat detailed statement of the facts.
Appellee, who was a fireman in appellant’s employ, was, on February 16, 1909, a passenger on passenger
Appellee testifies that he had started to get a drink of water, and had one foot in the aisle. Hansborough, the conductor, was back of him. "When the trains struck Hansborough shot by ^appellee and fell up against the back door. Appellee was thrown against the front seat, striking his stomach, and then back on the arm rest, which he straddled, and then the back of his head struck the rear seat. One of his testacies was slightly injured, and the wind was knocked out of him. He also received a blow near bis rectum. He did not think it was serious at the time. After the accident, he went to the telegraph office at Cecelia to se'nd a telegram to his wife, stating that he was not injured in the wreck, not knowing at the time that he was hurt as badly as it afterwards developed. He remained at Cecelia about three hours. When about to leave, he could not put his right leg on the steps, and got a boy to pack his suit case. At the end of three hours, train No. 131 proceeded on its way to Central City. Appellee took that train as far as Leitchfield, where he left the train, intending to take the fast train, No. 103, to Central City. After getting off at Leitchfield he went into the telegraph office. After being there a few minutes, he began to get very sick, and told the operator that he had a pain in his stomach. He then walked outside and vomited blood. He returned to the ■telegraph office and told the operator that he was sick. He felt very miserable, and asked for a doctor. The doctor would not come down town, so some man put him in a buggy and took him to the doctor’s sanitarium,' where he was put to bed. The doctor plastered his back and put something in his arm. When the doctor did that
Dr. Hunter Peak testified to having performed an operation on appellee for piles and prolapsed rectum. The operation was a serious one. In his opinion, appellee’s inability to control his bowels existed before the operation. The second operation was performed in 1910 for a fissure and a slight stricture. It was necessary to remove some scar tissue. Could not say that affected the sphincter muscle. Was of opinion that the accident might have caused appellee’s condition. Could not say that the pile tumor was an old one; or that it was a recent one; no. one else could say. Was of the opinion that appellee’s condition was permanent. ■
Dr. R. E. Gatz testified that appellee first came to him on May 7, 1910. He made an examination of appellee and analyzed his urine. Found a number of bloody tube casts present, and the specific gravity was. very low. This showed a condition, in his opinion, due to external violence. He made an examination of appellee’s urine on January 7, 1911, which showed a specific gravity of only 1012, and the presence of red blood cells, white blood cells, bloody tube casts and a few pus corpuscles. These facts' showed an abnormal condition
Some two or three other witnesses testified to the fact that appellee was in bed from ten days to two weeks, and appeared to be suffering. His mother and mother-in-law also testified that appellee .suffered a great deal after the accident. Before the accident he was a strong, healthy boy, and was able to do much hard work. Since the accident, he had been unable to control his bowels.
A witness by the name of Shea testifies, to having been to the Gayety theatre on one occasion when appellee was unable to control his bowels. A policeman testifies that on one occasion he.was called to the place where appellee was at work, to enable appellee to retire to a closet and relieve himslf.
According to the evidence for appellant, none of the passengers on the ear saw appellee describing the move.ments to which he claims to have been subjected. He stated to several that he had assisted the conductor to arise. After looking at the conductor’s watch, he went forward to the engine to see if anyone was hurt. He remained in Cecelia for three hours without claiming to be hurt. On the contrary, he stated to the two or three witnesses that he was not hurt. After leaving Cecelia, he told the conductor and others that he had not been hurt; that the conductor, was the only person on the train who was hurt. His purpose in getting off at Leitchfield was to take the fast train, No. 103, which would put him in Central City before train No. 131 could get there. He did this because he was anxious to get out on his coal run, and so stated to- two or three witnesses. Appellee never made any complaint of being injured until after
Dr. J. T. Armes, who seems to have been called by some attorney at Leitchfield to see appellee, examined appellee by himself, and also1 in company with Dr. Green. He could find no bruise or discoloration, nor any objective, symptom of the injury except the protruding pile. As it takes some time for a pile to form, they concluded that the pile was not the result of the injury. These physicians both told him that he could return to Louisville on the afternoon train. Dr. John W. Kremer, who was called by appellee on his arrival in Louisville, visited appellee on four different occasions between February 18th and February 23rd. Dr. Kremer stripped appellee and examined him carefully, and could find nothing the matter except the protruding pile. Yielding to appellee’s importunities, Dr. Kremer gave him a liniment plaster for his back, and a tonic for, his stomach. After leaving appellee on February 23rd, Dr. Kremer told him to come to his office thereafter, if
It is shown by Ool. Al Bourlier that the Gaiety Theatre was not opened until September 1, 1909, ten days after Dr. Peak operated on appellee for piles, and that the moving pictures in the Gaiety theatre were not put on until May 1, 1910. This evidence was in rebuttal of Shea’s testimony to the effect that he was present at the Gaiety theatre at a picture show when appellee was unable to control his bowels.
Dr. Abell, who was appointed by the court to examine appellee, testifies that he could find no objective symptom of injury. Upon examination, appellee appeared to be a well-nourished specimen of physical health, with normal pulse, respiration and temperature. The condition of his sphincter muscle appeared to be good. There was no sign of any sort of bruise about the abdomen, or in the region of the kidney. By palpitation, he was able to feel appellee’s kidneys, and they seemed to be normal, although appellee complained of pain on pressure. "Witness- could find' nothing in his examination to sustain appellee’s complaint. It also appears that Dr. Peak stated to Dr. Abell that he had made or had had made an analysis of appellee’s urine, before appellee was operated on for piles, and the analysis did not show anything the matter with appellee’s kidneys. When Dr. Abell examined appellee, he examined only those parts of which appellee complained. Appellee made no complaint as to his ear. The evidence of all the physicians who testified for appellant was to the effect that a blow in the stomach or on the rectum
Counsel for appellant argue with great. force that the evidence is wholly insufficient to show that appellee was injured to the extent that he claims. . In this connection, they place great stress upon the following facts. No one saw appellee thrown upon the seat. . He not. only went to the telegraph office for the purpose of telegraphing his wife that he was not injured, but he stated to numerous persons that such was the case. Appellee himself admits that the injury to his testicles was very slight. The doctors who examined him found no bruises on his body. Had his injuries been as great as he claims .at. the time of the second trial, a blow sufficient to have produced them must have been suck as to make him aware' of the fact, and to show some external evidence thereof. Inasr much as it takes siome time for a pile tumor to develop, a blow on his rectum could not have .produced the pile. It is much more probable that his inability, if any, to control his bowels resulted from the operation for piles, rather than from any injury received at the time of the collision. ITfge diseased condition of his kidneys was not apparent when .Dr. Peak examined him, and became apparent, if at all, over a year after the collision. It is altogether improbable that the blow, if any, which.he received on the back of his head affected his ear in the manner claimed. ; , ,
While these arguments have great weight, yet we .cannot reverse a judgment beeáuse we, sitting as ájury, might have, reached a conclusion different from that reached by thé jury. r ' V
It is only when there is. no evidence to support the verdict, or the verdict is flagrantly against the evi
Reference
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- Ill. Cent. R. R. Co. v. Lawrence
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