Ogden Daily Standard | 1916-10-18 | Page 7 | Damage Suit for Personal Injury

DAMAGE SOIT FOR PERSONAL INM Trial of the suit of Simrock McFar-land McFar-land against the Salt Lake & Ogden railway for damages amounting to $5320 for personal injuries received In an accident on tho railway on the morning of July 6, 1915. was started in Judge Nathan J. Harris" division of the district court this morning. The 'accident Is defined In the complaint com-plaint as a collision between the rear step of a "trailer" car and a cattle guard at the Allen crossing of the railway, between Layton and Clearfield. Clear-field. At the time the plaintiff was on the return trip from Lagoon having hav-ing gone there the day previous. The plaintiff alleges that by reason rea-son of his injuries ho has been mado a permanent cripple, the left knee having become stiff through a loss of tho joint water, resulting from a dislocation that occurred when his foot was jarred violently In the collision. col-lision. The complaint charges the railroad company with negligence in allowing the car to become overcrowded so as to prevent the plaintiff from obtaining a seat and causing him to choose the alternation of riding on the rear step of the trailer or remaining In La goon after the expiration of the time limit on a round trip ticket ho had purchased. The company's negligence Is further aleged In allowing "obsolete" "obso-lete" cars to be used, the steps on the trailer cars then in service protruding pro-truding too far to permit passage between be-tween the cattle guards without collision. col-lision. The plaintiff Is represented In the hearing by Joseph Chez, David L. Stine and John G. Willis. Boyd, De-Vine De-Vine and Eccles are the counsel for the railroad company. The proceedings In the case are being recorded by Walter M. Keller, of the firm of Keller &. Keller, Salt Lake, in the absence of the regular court reporter, Harold Packer, who was called to Price to perform a similar simi-lar function in court proceedings there. The following jury was obtained: Silas D. Rawson, Lars C. Jensen, Charles A. Shaw, Fred D. Williams, C. H. Funk, Wm. E. Smout, Jos. G. I Manning and Henri' G. Child.