Transcript of Record — Calmar SS Corp. v. Taylor

Supreme Court brief1938

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6, Disregarding its duty in the prenjises, respondent

was careless and negligent in failing to provide a reason-

able and safe place for libellant to perf¢rm his duties; in

failing to provide sufficient, careful, con{petent and skilful

, co-employees and superior officers; in /failing’ to provide

proper illumination and causing the lights to flicker in ‘the

fireroom ; in supplying defective, improper and unsafe elec-

trical equipmeftt to illuminate the said fireroom; in failing

to inspect the said electrical equipmeyt; in failing to prop-

erly operate and maintain the said équipment; in placing

and permitting the aforementioned retorter to remain on -

the fireroom floor in a dangerous and unsafe condition with-

out any regard for the safety of libellant and other mem-

bers of the crew; in failing to provide proper ventilation

[fol. 5] in the fireroom and in permitting the floor plates

of the fireroom to become overheated so as to affect the .

health of libellant and other members of the crew; in failing

to warn libellant of the dangerous and unsafe condition of

the fireroom floor ; in failing to warn libellant of the presence

of the said, retorter ; in failing to remove and place the said

retorter in:its proper place orout of the way; in failing to

provide libellant with proper medical care, treatment and

assistance; in refusing to permit libellant to go ashore for

medical treatment; in failing to Da medical care, treat-

ment and assistance for libellant prior to March 12, 1935,

. when the vessel was at Balboa Heights in the Canal Zone;

in failing and refusing to obtain medical aid and assistance

| im previous points touched by the said yessel; in ignoring

in failing to provide proper medical aid and treatment

. -while libellant was. on board the said vessel; in fajling to

provide and maihtain sanitary equipment and conditions; —

in failing #6 ‘provide ‘the vessel with proper, safe, adequate, -

Q , muitable and safe appliances aid equipment appurtenant

thereto;-in failing to maintain all the same in safe and

proper condition; in failing to inspect all appliances, ways,

_ . Means, materials and equipment to determine the existence -

oof any unsafe-or dangerous conditions; in failing to provide -

libellant with a safe and seaworthy vessel and safe appur-

a tenances and to keep same in a saf@*and seaworthy con- -

. 7. Daring the entire. period libellant was employed, he

well and 4ruly performed all his duties, and was obedient

fol. 6] to all lawful commands of the Master arid other of-

ficers of the said vessel.

_ 8. Solely by reason of the negligence of respondent and

. its agents as aforesaid, and without any negligence on libel-

: Jant’s part, libellant sustained a fracture of the toes.of his

right foot, his right foot was otherwise bruised, swollen,

lacerated and injured; hjs said right foot and toes became

- 4nfected; the toes of his right foot had to be amputated

_ and sibsequently the stumps had to be reamputated, later

* he was compelled to undergo an amputation of the right

| foot and lower leg below the knee; he became infected with

. gangrene; his entire body has become affected ‘because of

i hs said injuries; he has been compelled to undergo numer- |

ous operations he has suffered excruciating and agonizing

aches, pains, mental anguish, shock and disability; he has

. been compelled to wear an artificial limb; upon information,

libellant believes his injuries will continue to trouble him;

he believes he may be compelled to undergo further opera-

tions; he has been unable to assume his usual duties and

occupation in the past, and upon information believes that

‘he will be permanently disabled and will never be able to

resume his usual and customary duties and occupation for

the balance of his natural life; he has in the past and will

_ im-the future be compelled to expend large sums of money

for medicines, medical care and treatment all to his damage

_ inthe sum of $75,000.00. ? eS SS

? oo “. * Second'Cause of Action =.

_ ‘{fol. 7]. 9. Libellant realleges all the facts. set forth in the

first cause of action and in addition thereto respectfully.

represents shows and alleges: Bot eade Sate wae

-. 10, Libellant in accordance with ‘the shipping articles,

.* claims maintenance and cure for the period ‘of his disability

_- in an amount which to your Honorable Court shall seem

_~ Just and proper upon the trial of this cause.

: - _ Third Cause of Action. . - |

11. On on about the,5th day of February, 1935, libellan

_ mar” for an intercoastal voyage to the west coast and re-

* turn at the rate of $57.50 per month and maintenance:

‘12, On’ or about the 12th day of March 1935, libellant

- .was taken ashore for hospital treatment as aforesaid and

5 o- th % eter: : tS ‘

| signed shipping articles as a fireman on board the SS. ‘‘Los- -.

Ste at ween ee .

arumaciagmagnvntiake sth ‘ . ‘

ADEN BE LO

a od 9, /—_ <_

6 | z

because of his said injuries was unable to return to the ves-

sel and complete the voyage.

13. Libellant is without knowledge of the date of the ter-

mination of the said voyage, but upon information believes,

and therefore avers that the voyage has long since been

completed. 3

14. Libelant has made demand for his wages to the end

of the said voyage, after the completion of the said voyage,

but respondent has refused and failed to pay same.

15. Libellant therefore claims such sum as your Honor-

able Court may find to be due him ‘for wages to the end |

of the voyage and in addition libellant further claims two

days pay for each day since and after the date of the com-

[fol. 8] pletion of the voyage for which he signed, because

of respondent’s neglect, failure and refusal to pay libellant

his wages to the end of the said voyage.

16. Wherefore, libellant claims thésum of $75,000.00 for

the first cause of action, and in addition such amount as

may seem to your Honorable Court to be just and proper

for maintenarice and cure the second cause of action, and

wages the third cause of action. _

17. All and singular the premises are true and within

the admiralty and maritime jurisdiction of the United

States and of this Honorable Court.

- Wherefore, libellant prays that a citation in due form of |

law according to the rules and practice of this Honorable

Court in cause of Admiralty and Maritime jurisdiction, may

issue against the said respondent herein," citing it to appear

and answer «ll and singular the matters aforesaid, and that

libellant may have judgment for the amount of his claims

aforesaid, with interest and costs and such other and fur-

ther relief as the Court may deem just. = :

; Freedman, Goldstein & Pechner, by {Sgd.) Abraham

-E. Freedman, Proctors for Libellant.

[fol.9] Duly sworn to by CharlesW. Taylor, Jurat omit-

| gees I hereby certify that there is sufficient cause for suit.

+ (ga) Abraham E. Freedman, Proctor for Lib!

{fol. 10] 3 INTERROGATORIES

“1. On what date did the SS. ‘‘Losmar’’ complete the voy-

age from Baltimore to the West Coast and return, referred

to in the foregoing ie , ,

ffol.11]. Ins Uwnrrep Scares Disreior Covrr -

| Ee [Title omitted]

Pid

AyNswER: “~~

To the Honorable the Judges of the United States District

Court for the Eastern District of Pennsylvania:

The answer of Calmar Steamship Corporation; respond-

ent, to the libel and complaitit of Charles W. Taylor against

Calmar Steamship Corporation i in an alleged cause of action

for personal injuries, maintenance and cure, civil and

maritime, alleges :

First. It denies knowledge of the allegations of the first

article of the libel.

‘Second. It admits the allegations of the second article

of the libel.

‘Third. It admits the allegations of the third article of the

libel except that it denies that the SS. Losmar is operated

in foreign commerce. :

‘Fourth. It admits the etnies of the ore article of

3 the libel.

Fifth. It denies that it has any knowledge of the ais ;

tions of the fifth article of the libel except that it admits

_. [fol. 12] that on or about February 11, 1935, the SS. Losmar

was in navigable waters, and it denies that the injuries

@aimed to have been sustained by libelant were caused i in

_ the manner therein alleged.

tek It denies the — of the oe article of the

Seventh. It Seige Inowiedge of the sMegatons of the

seventh article of the libel.

ee ‘of the allegations of the

sight mee of the ithe wat that it admits that libelant’s

NN ee

foot and toes became infected; that he was compelled to

undergo operations and to have his right foot and lower leg

amputated, and denies that the matters therein alleged were »

eausec by reason of any negligence of the respondent or of

any of its agents.

Answering the Second Alleged Cause or Action

Ninth. It repeats the first to eighth articles of this answer.

_ Tenth. It denies knowledge of the allegations of the tenth

article of the libel. cok

Answering the Third Alleged Cause of Action

Eleventh. It denies the allegations of the eleventh article

of the libel. , 2

Twelfth. It. denies knowledge -of the allegations of the

twelfth article of the libel except that it admits that on or

[fol. 13] about March 12, 1935, libelant was takerf ashore

for hospital treatment and did not return to the Losmar and :

complete her voyage.

Thirteenth. It admits the allegations of the thirteenth

article of the libel. | : )

. Fourteenth. It denies the allegations of the fourteenth

article of the libel.

; B :

Fifteenth. It denies knowledge of the allegations-of the

fifteenth article of the libel except that it denies any neglect,

failure and refusal on its part to pay libelant any wages

due him.

Sixteenth. It denies knowledge of the allegations of the

sixteenth article of the libel. DES

Seventeeth. It denies the allegations of the seventeenth

article of the libel except that it admits the admiralty and

maritime jurisdiction of the United States and of this

Honorable Court. gs Se Sse der Pte picgerc vs

Eighteenth. Further answering, and 4s a partial defense

to the first alleged cause of action, and: a cemplete defense

_to the second and third alleged causes of action, respondent

alleges that from February 3-to February 24, 1936, libelant

“was employed on the SS. Losmar while she was laid up at

yy 3 2% Segshy'ns Men Fee te Incite hs rihee {34% 5°

SARE iy,

Sparrows Point, Maryland; that on ‘February 20, libelant

\ signed coastwise articles on the Losm and “sailed under

ssid articles from Sparrows Point o February 24, to

Philadelphia where she arrived on February 26th; that on

February 28, 1935, libelant signed articles for an inter-

coastal voyage on the Losmar from Philadelphia to the west

coast and return; that on March 12, 1935, while the Losmar

was proceeding toward the west coast libelant’s foot being

[fol. 14] infected, he was put ashore at the Canal Zone for

hospital treatment and subsequently returned to the United

States on respondent’s SS. Alamar. On libelant’s return

to the United States he was sent to the Marine’ Hospital at

New York where it was learned that he was suffering from

Buerger’s disease, it becoming necessary to amputate his

foot and lower leg. Everything possible was done to prevent

spreading of said disease and to effect a cure of libelant’s

condition. | e. :

From the time that libelant first contracted said disease

‘within the knowledge of respondent, respondent furnished

to him all medical treatment required other than that fur-

nished to him by. the United States Health Service, and

‘between then and the time that cure was effected respondent

paid libelant the total sum of $487.00 which covered all

- wages due libelant and more than any maintenance due

libelant from respondent under libelant’s articles. In ad-

dition, libelant was paid all wages due him at the time he

left the Losmar 6n March 12th at the Canal Zone.

All and singular the premises are true.

Wherefore, respondent prays that the libel herein be dis-

missed with costs. ,

(Sed.) Otto Wolif/Lewis, Wolff & Gourlay, Proctors

- for Respondent.

eee a cenmene :

[fol. 15] © - Awswen To IxTERROGATORY _

BRS Sieist

. Respondent answers the interrogatory snnexed to the

- ‘libel as follows:

“{ Ae Lsutar sailéd ftom Baltimore on February 24,

1985, on a coastwise voyage to Philadelphia where she af-.

stived-an: February 26th:° At Philadelphia she .

an intercoastal voyage to the West Coast of thie: United oe

States and return, completing the voyage on May 20, 1935,

at New Youk. ;

_ (Sgd.) Otto Wolff, Lewis, Wolff & Gourlay, Proctors

for Respondent. he

(fol. 16] Duly sworn to by H. W. Warley. Jurat omitted

im printing. : A

{fol. 17] - | ; INTERROGATORIES

Interrogatories to be answered by libelant under oath:

1. Pursuant to what specific orders was libelant acting

. as alleged in the fifth article of the libel. :

2. State specifically where the SS. Losmar was in navi-

gable waters at the time.

3. Describe what is referred to in the fifth article as a

‘‘retorter’’. .

4. Give all the dimensions of the ‘‘retorter’’ referred to

in the fifth article, its weight and the substance out of

which it is made. :

5. State where, how, and for what purposes the **re@.

torter’’ is used on the Losmar.

6: State where on the fireroom Soor the ‘‘retorter’’ was

at the time the libelant alleges he struck his foot and tripped

over it. ‘

_ 7. In what respects is it claimed that libelant was not

furnished a reasonable and safe place to perform his duties,

as alleged in the sixth article of the libel. 4 ;

8. State in what respects libelant was not provided with

sufficient co-employees; and also in what respects he was -

not provided with careful and competent co-employees.

9. State in what respects libelant was not provided with

sufficient superior officers; and also in what respects he

was not provided with careful and competent superior

[fol. 18] 10. State how many co-employees libelant was

‘provided with. : ig

11. State how many supérior officers libelant \ was pro- .

vided with.

12. State how many co-employees and superior officers

it is claimed that libelant should have been provided with.

13. In what respects is it claimed that libelant was not

provided with prop: illumination.

14. State what illumiriation was provided..

15. State who caused the lights. to flicker in the fireroom.

16. State where, near the aes lights were in the

fireroom. ©

17. State how long belank was in the fireroom before he

struck or tripped over the ‘‘retorter’’.

18. Statt whether the lights in the fireroom were out when

libelant entered there. —

19. State in What respects the electrical equipment “

illumination in the fireroom was defective ; in what respects i

it was improper; and in what respects it was insufficient. ae

20. State in what respects the electrical equipment for 4 a

illumination in the fireroom was not properly operated. and ane

maintained. . ae

21. State in what respects the “‘retorter’’ was in a danger- 7 i! ue

ous and unsafe condition. qh

[fol. 19] 22. — what ventilation there was in a the fire- ; Wale

, Oy Piet

93. State what it is claimed was improper in or in comnec-

tion with said ventilation.

24: State in cotirib way the alleged failure to peovidy proper

ventilation ributed to libelant’s alleged injuries.

25. In what way is it claimed that libelant’s health was di

affected by floor plates in the fireroom becoming overheated. . “al

26, State whether it is claimed that overheated floor ei

plates caused or contributed to libelant’s tripping. Ne

S 3g In what! respects is it a) that the fireroom floor

3 was in a dangerous and condition?

28. What. is the proper place for at “retorter”? as al--

leged in the sixth article?

29. Who refiiBed to permit libelant to go ashore for med-

ical treatment? —

30. What previolls points did the ies touch before

March 12, 1935, and the dates of touching such ports? °

31. Who, on behalf of respondent, ignored libelant’s re-

quest for medical treatment, care and aid

_ 82, Who treated libelant on the Losmar before March 12,

1935?

33. What sanitary equipment and conditions is it slloged

that respondent failed to provide. libelant?

34. What appliances and equipment is it alleged re-

sporident failed to provide tothe Losmart

35. What appliances and equipment of the Losmar are

alleged to have been improper, unsafe and inadequate?

[fol. 20] 36. In what respects is it ¢laimed that respondent

failed to maintain the Losmar appliances and equipment in

a safe and proper condition? ar

37. In what respects is it claimed that respondent’s fail-

ure to inspect appliances, ways, means, materials and -

equipment contributed to libelant’s injury or illness.

38. In what respects was the Losmar unsafe and unsea-

worthy?

39. What appurtenances on = the Sicaaias were unsafe?

40. When did libelant first report the injury referred to

ih the libel? |

41. To whom did libelant make su rt?

42, State gt what other times libelarg repented the i injury

and to whom each report was made.

43, State definitely the tine whea anyone on behalf of

See

ical treatment, and who 60 refased.: © iv}

44. What treatment wae given to libelant onthe Losmar

. 5, Who furnished said treatment? '

46. Where was libelant treated on March 12, 19359

47. What treatment was libelant given on March 12, 1935

after he went ashore?

48. What treatment was libelant given after March 12,

and before his return to the United States, and where was

such treatment given him?

49, When was libelant first treated after February 11,

1935, and where?

- fol. 21] 50. Did libelant go ashore for treatment?

51. What treatment did libelant have for his right foot

or toes before February 11, 1935, and where?

~ 59. What toes on libelant’s right foot were fractured as

alleged in the eighth article?

53. What toes of libelant’s right foot were bruised,

swollen, lacerated or otherwise injured? — .

s4. When did libelant first discover that his right foot and

toes were infected?

55 When did libelant first discover that he had a fracture

of any of the toes of his right foot or of his right foot?

- 6. When did libelant first report-to anyone on behalf of

respondent that he had a fracture of the toes of his right

’ feot or of his right foot, and to whom did he make such

Z- report? ‘ .¢ Barn 7

57. Because of what disease.was it necessary to amputate .

’ toes of libelant’s right foot and later his right foot and

~ lower leg?

"58, When did libelant’s right foot or toes become in-

: fected with gangrene?

59. What operations has libelant undergone besides the

- amputation of his right foot, toes and leg? .

‘60. When was libelant discharged from the last hospital

at which he wasa patientt. 9 tn

fourteenth article of thetibel®

PPLE LE LOLA CIOL INE ELLIOT LEN IILE LI LOS LLLOE AEE LP IO LAP LE COS EE AON

SPS TE TNT AR eres re

‘

2 R

62. Is it?not a fact that libelant was paid off when he left

the Losmar at the Canal Zone on March 12, 1935?

[fol. 22] 63. Is it not a fact that when paid off at the Canal

Zone on March 12, 1933, libelant renee all the wages due

him up to that time?

64. Is it not a fact that libelant was retury d from the |

Canal Zone to the United States by respondent on one of .

respondent’s vesselst ~~

65. Is it not a fact that February 11, 1935, libelant was

- not on articles but was employed on the Losmar on shore

pay?

66. Is it not a tact that libelant’s iliness, as a result of

which part of his right leg and his right foot and toes were

amputated, was what is known as ‘“‘Buerger’s disease’’?

67. Is it not a fact that the following payments were made

by respondent to libelant, and receipted for by libelant at

the Marine Hospital, Ellis si, New York? okt

i SE AO oe ee $10

June 28, 1935............ PEAT MAAS A218 SOREL 10

MONE AU RS aks oo poe vce ee han Co 5

SN I es oes ss oe 5

SORE Be MIs s va tradi ees CR Re as 15

If libelant. denies any of the above payments, specify

which particular payments are disputed.

68. Is it not a fact that the following payments were saa

hy respondent to libelant at the Marine Hospital, Stapleton,

| Staten Island, and were receipted for by ounlaens.

Aug. 6/1986: 8250. 872.02. WE et Pas ing 7 $5

Pret gern RE Pay Bete Onan aE Sat heh EMBO EE :

MM AE I os iho cose ds vs conan nkncdes 5

UN OBO 5 RR 5

et Bh en GESTURES CE EEE 5

Sept. 19, 1935..*- hat PEAS MRA ee, SR Le atin 10

Sept. 26, 1985.......0........ 6 sees, EAD: |

ol, 23 Ie -Helant denies any of the above payments

69. Ts it not a fact that following payments sire fade

by respondent to libelant, and recetpted for by libelant, at -

the home ‘of libelant’s sister-in-law, 3398-Third Avenue,

Borough of Bronx,. New York City?

Oct. 4, 1995... dion. kel Sheena $14

If libelant denies a of the above payments, specify

- which particular. payments are disputed.

70. Is it not a fact that the following payments were maile

‘by respondent to libelant, and receipted for by Hbelant, at

respondent’s office i in new York City?

Ce OR TOD. «5 Ges Gin es ares ee ee ee $14

Oct. 22, Rose a eerie Pele de snore oe 14

Chek BE Pe css eer ee eyo see 14

MO go eons erecta ciee ener estes 14

Nov.. 13, Mn one et ee eae ce ece een 14

Nov. 19, 1985......./ Niue ft pec eta hee neuen 14

MRS (se: + sn oe ss chance ee 14

Det Wi TNO. cece cece reer tenses 14

) | rere yes Carrer o.. 14

TRC TT AUNO soc voce cc cee ewe agtee reer ner ene 28

Wind, Di, TONG. coop 2) sii no ines 1 db ie ee 28

A SU. «2 ov oe ftv kod, Guan os Eben teas 28

PMR SIDS iis ois's Ks ose os saa e van i os 56

SS a EP eee eT i, LS ge

RE LTTE TS

Mar. 3, 1936...........-..-- gee ee eterna 28

Mar. 10, 1906... 2-500 cece ewe cer eens eches 28

‘Tf libelant denies any of the above meee: specify which

particular payments are disputed.

[fol. 24] 71. Is it not a fact that from June 14, 1935, to

March 10, 1936, respondent paid to libelant in cash a total

of $487. and that libelant signed ae for said ap ORCS

aggregating that sum. ;

peer ee Mena per ae

- pense from tie time-of the accident alleged in the Ubel. fo,

a October 3, 1935

7 18 Tait not ft tat wp fo Ota 188, inant

= at marine hospitals by the nai e's eeeoe end

_ bythe respondent without cot to himwel ehitess

- 74, Is it not a fact that the artificial limb which the libel--

ant alleges that he has been compelled to wear was furnished

by the Public Health ose irae

(Sgd.) Otto Wolff, Lewis, Wolff & Geeniay, Proetors

- for Respondent.

[fol. 25] Ix Unrrep eitens Daruor Court For THE Eastern

District oF PENNSYLVANIA

In Admiralty

No. 23 of 1936 ¢

CHaries W. Tay or, Libellant, ee

v. |

CaLMAR STEAMSHIP Corporation, Respondent

‘Statement of Evidence

Before Hon.. Oliver B. Dickinson, J.

Philadelphia, Pa, , Monday, June 15, 1936, 10:00 o’clock a. m.

-Present: .

Messrs. Freedman, Goldstein & Pechsi, (by Abraham E.

Freedman, Esq., and ‘Tvan P. Pechner, Esq., proctors for the

libellant ;

Messrs, Lewis, Wolff and Gourlay, (by Otto Wolff, Jr.,

Esq. ») and F. A. Bull, Esq., proctors for the respondent.

7 Transcript of Testimony, Rulings and Exceptions

Sette AS TO IvrekrogATorres

‘Mr. Wolff: If your Honor pleases, before we go into this

“caséglet me say this:

| I appear for the respondent. "At the close of the respond-

b - ent’s answer we addressed d‘series of interrogatories to the

E libellant, some seventy-five of them. TYe libellant has filed

a its answers and in most instances has said that it is not re-

i _ $fol. 26) quired to.answer and has not answered. We, there-

h . fore, filed exceptions - to'the Hibellant sg refused to: answer the

| ere er, asa

° bh . : fe : ¢

». We have served notice on him that we would submit to the °

Court this morning a motion directing him to answer the

interrogatories. or be. declared in default oP whatever the

Court may see fit to do. Now, if the libellant is here and

takes the-stand, it may be that a number of those interroga-

tories will be answered by his testimony. My suggestion is

that we pass the motion until the libellant has testified.

Evidence on Behalf of the Libellant

-” Orrzns ny Evipence

‘Mr. Freedmar: If the Court please, this is an.action in

admiralty under the Jones Act brought by Charles W. Tay:

lor against the Calmar Steamship Corporation.

Now, I-offer in evidence the second answer of the. re-

spondent, admitting the second allegation of the ‘article of

the libel. san ar aS

(The said paragraphs read, respectively, as follows:

‘<1, Libellant is a resident of thé City of Philadelphia,

_ State of. Pennsylvania. :

“Second. It admits the allegations of the second article |

of the libel.’’)

‘

2 : ae

Mr. Freedman: I offer in. evidence the third, ‘and Yho_

fourth and that part-of the fifth paragraph, which admits

that the vessel was in navigable waters at the time of the

alleged injury of the libellant. :

(The said patagraphs read, respectively, as follows:

[fol. 8 ebay Respondent, Calmar Steamship Corporation

was and still is a corporation duly organized and existing

under and by virtue of the laws of the State of Delaware.

‘ «3. Upon the information and belief that at all the times

hereinafter mentioned, respondent owned, operated and

controlled the SS. ‘‘Losmar’’, engaged in coastwise inter-

coastal and foreign commerce. |

_ ‘Third. It admits the allegations of the third article of

_” the libel except that it denies that the SS. Losmar is oper-

ated in foreign commerce. eit aie

“Fourth. Tt admits the gllegations of the fourth article

: of the libel.

2—2003

‘Fifth. It denies that it has any knowledge of the allega

tions of the fifth article of the libel except that it admits that

on or about February 11, 1935, the SS. Losmar was in navi-

gable waters, and it denies that the i injuries claimed to have

been sustained by libelant were caused in the manner therein

alleged.’’)

Mr. Freedman: I offer in evidence that part of paragraph

eight which reads as follows:

‘“‘except that it admits that libelant’s foot and toes became

infected, that he was compelled to undergo operations and

to have his ap foot and lower leg amputated.’’

I offer i in evidence thé paragraph thirteenth of the answer,

(The said paragraph reed, respectively, as follows:

**13. Libellant is without knowledge.of the date of the

termination of the said voyage, but upon information be- |

lievés, and therefore avers that the voyage has long since .

been completed.

‘‘Thirteenth. It admits the allegations of the thirteenth

article of the libel.’’

[fol.28] Mr. Freedman: I offer in evidence that part of

the seventeenth article of the answer which reads as follows:

- “except that it admits the admiralty and maritime jurisdic-

tion of the United States and of this Hoporable Court.”’

I also offer in evidence that portion of the eighteenth

article of the answer which reads:

**On libellant’s return to the United States he was sent

to. the Marine Hospital at New York where it was learned

that he was suffering from Buerger’s disease, it becoming

necessary to amputate his foot and lower leg.’’

CHaries W. Taytor, having been duly sworn, was exam-

ined ey testified as follows :

_ By Mr. Freedman: _ :

Q. ‘How old are you, Mr. Taylor?

' A. Forty-three past.

Q. And what is your occupation? -

A. Merchant seaman.

Q. How long have you followed the sea?

A. Since about 1908. ‘

Q. Did you ever serve on the Steamship ‘‘Losmar’’?

A. Yes, sir; I did.

Q. And what was your rating on that vessel?

A. I first shipped out on that boat as a wiper. In abont -

a month’s time I was made a fireman.

Q. What was your salary?

A. $57.50 a month and maintenance.

Q. When did you join the vessel?

[fol.29] A. October 16, 1934. 3

Q. And where was the vessel lying at that time?

_ A. At the Baltimore Ship Building Company.

Q. How long did you remain on the vessel? »

A. Until March 12, 1935..

Q. Were you a member of the crew on or about February

9, 1935?

A. Yes, sir; I was.

Q. Where was the vessel at that time? :

A. At Sparrows Point, Maryland.

Q. Now, will you tell us what happened on that day?

A. My partner called me to go on watch between three-

thirty and four o’clock. My time was up, and I started

to go on watch AN

Q. Pardon me, was that in the afternoon?

A. Yes, sir.

Q. You had the four to eight watch? 3

A. The four to eight watch. I proceeded into the engine

room at four o’clock—around four o’clock—to take over

- my duties. When I came into the engine room my first

duty was to take care of the ice machine, oil it, and see it

wasn’t hot; come across the companion-way into the engine

room, and then take care of the generator, oil it. After

I done this, I proceeded down into the engine room. I had

other work:in the engine room to do. After I finished that,

I looked at my water in the boilers, and starts to go into

the boiler room through the companion-way that leads from

the engine room into the boiler room. Just as I was about

to enter the fire hole, the lights flickered and went out. Just

then I stubbed my foot on a bunch of retarders that was

laying there. I had to stop a few seconds and had to put my

hands up like that (indicating )}——

WEISER FRET BRSS

[fol. 30] Q. Will you speak just a mths louder, so. the

Judge can hear you?

A. I had to stop for a few seconds, and: my foot was , kind: i

of numb. I had to put my fingers up like that (indicating)

and feel my way out back through the boiler room. I pro-

ceeded up on deck to see what was wrong with the lights.

When I got up on deck,there was two engineers changing

the generators. One generator had stopped and they was

starting the other one up.

. Q. Did you find out what caused the lights to go out!

A. That generator stopped. Somebody shoved——

Mr. Bull: I object to this, if it is something that somebody

told him. He was not there.

Mr. Freedman: He did not say, your Hionae. that some-

body told him. | _—

Mr. Bull: He ‘does not know anything about it. He was

down in the engine room. ©

Mr. Freedman: He said the generator stopped.

By Mr. Freedman:

Q. How do you know that the generator was stopped,

Mr. Taylor?

A. The lights went out. When I got up there, they were

working on the other one, trying to start it.

Q. Which generator was it?

A. There are two generators they had. One generator

was connected with the compressed air line, and they con-

nected that air line into the pipe, and they took the head

off the generator, and turned on the compressed air.

Q. How did you know that the generator was stopped? -

A. All the lights was out and the engineers were run-

ning around. All the lights in the ship was out.

[fol..31] Q. Could you tell that the genannten ‘was + moppedt :

A. Yes, sir, Ioiled it. —

.Q. What happened after that?

A. After that I went on the deck—I couldn’t see e nothing

to do to help them. So, I went out on deck. There was ice

water there, and I went and got a drink of water. When

- I got out there—my shoe had been cut where I had bumped ©

against these retarders.

-Q. What part of your shoe was it? :

A. Right here (indicating). .

Be Where in connection with your toes tie that be?

- 2

A. The small toe.

Q. All right, sir. Proceed. - 7

A. So, I didn’t think it. was anything. After the lights ise

went on, I started back down below. I had work .to do

in the fire hole. When I got back down there—they put

the lights on before I started back down there. |

Q. How soon did they put on the lights before you starte

down? 3 |

A. They were off, I should say, between five and ten min-

utes. The few minutes I was on deck—maybe fifteen min-

utes after I left the fire hole, I was back down in the engine

room. ° | :

. Q. With reference to the time that the lights went on

again, how soon after that did you proceed back to the

ine room or the boiler room? ?

A. Right after I got a drink of water.

Q. How soon was that after the lights went on again?

A. I would say about three or four minutes afterwards.

Q. All right. Go ahead. ‘

- A. I proceeded back into the fire hole. When I got into

the fire hole, there was a bunch of retarders laying there

_ [fol. 32] right opposite the companion-way that I was sup-

~ posed to*ehter to the boiler room. They were laying there.

I had to move these retarders. - |

Q. Where were they lying? 7

A. Just a little bit from the entrance where I entered

the boiler room... é . .

Q. On which side of the entrance? ~ ni Bpatae

A. To the left, just in front of the first door of the

boiler room.” | pe

Q. About how wide was that companion-way that you

*, were going through? |

A. Welt-4 could put up my both hands and touch the

boilers (indicating). ;

Q. In feet, approximately, how much would you say?

A. Just enough to let you through. About four feet.

Q. Go ahead. : :

_ “A. When I got back in the fire hole, I saw the retarders

that I had stumbled over, and I had: to take them over to

the- bulkhead, otherwise I would have been stumbling over

them the: whole watch. *

-Q. And what was the proper place for these retarders?

- A. The engineer should have told us to put them up

against the bulkhead or to keep them out of the way.

2 Sl ei ait

st tat

in Ni

" .

POLE HP ILE EL, IOP S29 OEE? ae a aa (PEATE EEO

22 a

Q. Is that the customary place?

A. That’s the customary place when we take them ont.

You see, when we take them out, they are very hot, very,

very hot. You throw them down on the floor plates and

after they get cold, you put them over to the side, to keep

them out of everybody’s way.

Q. Will you describe a retarder?

A. A retarder is a piece of metal, about four inches high, .

and it’s something like a spiral stairway, and it’s between

[fol. 33]. five and seven feet long—that is, to the best of

my knowledge.

Q. What is the condition of them?

A. They put the retarders in—if they are in there any

length of time, the ends burn off, and they get very sharp.

Sometimes when we pull them, they cut your clothing.

Q. All right. Proceed with your story.

A. I piled them against the bulkhead and after I wt

them over them, I finished my’watch. All this time that

foot was kind of tender, but I didn’t pay much attention

to it.

Q. How many retarders were piled there?

A. I would say about between fifty: and one hundred.

Q. How large, approximately, was the pile?

A. I would say it was about a foot high, about a foot and

a half wide, and about five or six feet long. I never

measured it.

Q. Would you say that this pile had or sgneeal with your

passage into the boiler room?

A. Yes, sir. I had to get them out of my tr di to con-

tinue my watch.

Q. Go ahead and tell us what happened.

A. After my watch was over, I immediately ail: to my

quarters and undressed myself to take a bath, as I usually

do, and when I had my shoe off, I looked at it and seen

my toe was bruised and swollen.

Q. Which toe?

A. My little toe.

- Q. On which foot?

- A. On the right foot, and I immediately put on my

clothes, put a clean sock on it, and went amidships to look

for the steward. The steward wasn’t on board. : So, 1]

walked around, I didn’t know who to see, and there was

a man working—he had just come from the galley and

[{fol. 34] went into his room.

Pave alll

Q. What department was he in?

A. Steward’s department.

Q."Who was in charge of the steward’s department at

that time? .

A. He was the only man in the steward’s department.

Q. What was his name?

A. Mr. Aaronson.

Q. All right, go ahead.

A. 1 asked him, ‘‘Have you got something to put on my

foot? I hurt it in the fire hole.’’ He says, ‘‘No; I haven’t,

but see the old man’’—referring to the captain—and I went

to look for the captain and he wasn’t on board, and I went

and looked for the mate and he wasn’t on board. So, I

come back and I told Mr. Aaronson, and I took my shoe off

and showed him. ee, ;

Q. About what time was this? —

A. This was after eight o’clock at night.

Q. All right, go ahead. 3

A. So, I proceeded to go back to my own quarters. There

was a small bottle of mercurochrome that somebody had

in their locker. After I had washed it and put mercuro-

chrome on it, I tore up a clean, white handkerchief and I

wrapped it up myself, and I put a clean white sock on it

and went to bed. I went to bed because I didn’t want. to

go ashore. On Sunday morning I woke up between three-

thirty and four o’clock, to take over the morning watch.

I proceeded down and done my watch. After I come off

watch Sunday morning, I immediately went to the steward -

and asked him if he would give me some medicine for my —

‘foot. He did. He washed it out, with some solution. —

(fol. 35] Q. Did you tell him what happened?

_ A. Yes, sir. 7 Ss for

Q. Go ahead. bean! iy ,

A. He immediately washed it out and put some kind

of salve on it and a clean white bandage he put on. I

stayed aboard all day Sunday. I stood my watch Sunday

night. After I stood my watch Sunday night, Monday morn-

ing I immediately went to the first mate and asked him for

a hospital ticket. I told hint I wanted a hospital ticket to -

~ go to the hospital and have my foot treated, have my foot

- looked at, He told me the captain wasn’t aboard and. he

didn’t have any hospital ticket and I would have to wait

until the captain come back and signed it, and he said,

‘Why don’t you use your discharge?”’ And I said, ‘*I will

do that.’’ About eight-thirty I started for the Marine Hos-

pital in Baltimore, and and I went there, and they looked

at my foot and gave me some medicine for it, and gave me.

a blood test, and a urinalysis, and gave me an examination,

and told me my teeth should be taken care of. Isaid,‘‘Iam °

going to have them taken care of,’’ and he said, “Start

right now,”’ and I did. I went to the Baltimore Hospital

a few days later to get some medicine. A short time afte

that we had left Baltimore to come to Philadelphia. |

(A recess was here taken until 2:00 o’clock p. m.)

After recess.

Present: Parties as before noted. ©

[fol. 36] Cuarues W. Tayzor, resumed.

) By Mr. Freedman:

Q. Now, going back for a moment, Mr. Taylor, will you

deseribe more fully the position of the retorters in the

boiler room at the time you stumbled over them?

A. When I came back down in the boiler room, the retard-

ers were right in my pathway, right inside of the entrance

of the boiler. room, . |

Q. When you say you came back down into boiler room,

you mean after the lights—— | wee

A. After they had put the lights on. -

Q. Where did you see them? |

A. Just in my pathway, to the left of the entrance.

Q. About how far to the left of the entrance?

A. I will say about one or two feet. |

Q. Right in the passage-way of the boiler room ?

A. Yes, sir, | bs Fp

Q. Did you know that the retarders were there? °

A, No, sir;-I did not. ‘

—

Did you see the retarders when you stumbled over

”. them?

; Q.

em en 3

A. No,sir. | BNE fad

_ Q. Was the pathway clear on previous secations; thatis, -

the boiler room? \ ra Go ome tere UY it

A. Yes, sir; it was. +See GE SE.

Q. And when. was the last time that you went down into

“

é i,

Bs}

Bi)

(95

the boiler. room before this occurrence that you have re-

lated? ‘

A. At eight o’clock in the morning I left the boiler room.

Q. You mean the previous morning? =:

A. Yes—the same morning, the same day, eight o’clock

in the morning.

{fol. 37] Q. Did you have any warning that the lights

were going to flicker and go out? - ;

A. No, sir. me :

Q. Did you know that they were going to flicker and go —

out? .

A. No, sir. | |

Q. Was there anyone else on watch with you at the time?

A. No, sir. ,

Q. You were the only man down there on watch?

A. The only man on watch. ©

Q. And now, did it hurt.you after you struck your foot

against the retorters?

A. Yes; it hurt me, but not very much. I didn’t pay

much attention to it. I thought it-would be all right.

~ Q. Why did you go to the steward for treatment?

A. That’s the routine on board ship. As soon as you are

hurt, you go to/Ahe steward. Each of these men has a key

to the first-aid kit. Pie Bee teat

Q. Do you mean that it is customary for the men to be

treated by the steward on board ship? : ;

A. Yes, sir. ee 7

Q. Now, I think you testified before that you were just

about to leave Baltimore. Will you go on from there?

- A. When we left Baltimore, they gave me a small bottle

of medicine in the hospital to take care of my foot, to use

it, and as soon as we arrived in Philadelphia, I immediately

went to the mate and asked him would he give me a hospi-

‘ tal ticket, .so I could go to the out-patient department in

- Philadelphia. He did, and I immediately went to the out-

patient department——_—_ ?

- Q. Exeuse me. Did you tell him why you wanted the

“ hospital ticket? - pS PS ae

{fol 38] A. I just told him I wanted to get more treat-

ment‘ for my foot. a BE : |

Q. Goahead. © : Pe Shaul saa

A. And he ‘wrote out the ticket, and I went to the out-

patient department in Philadelphia, and they gave me some

more medicine, and they took a blood 't test and urinalysis

and examined me all over, and told me it was all right to

complete the voyage and to use this medicine continuously,

which I did.

About two or three days out of Philadelphia, my medi-

cine run out and I immediately reported to-the steward

and the. steward gave me treatment. He washed my foot .

out with some kind of solution and put some'salve on it, and |

he wrapped it up, and he told me to come up every morning.

I did. Sometimes when I would come off watch at night, |

waked him.

On the day of arrival—when’ we neared the Panama Ca-

nal—I continued the treatmént with the steward until we

hit the canal. About three o’clock in the afternoon, I re-

member we hit Colon, Panama. I went to the captain and

I says to the captain, ‘‘ Will you please get me a doctor as

soon as we hit port?’’ I says, ‘‘My foot is terribly sore.

I can hardly navigate. I can only hobble around on it.”’

He says, ‘‘O. K., you will get a doctor. You will get a doc-

tor. 9? . _

Q. Where was. that?

A. At Colon, Panania. We nen to in there to get

~ fuel oil. bs:

Q. And how long did you remain “there at,

A. All night. mat

Q. Go ahead. \ cs

A. When we landed I says, ‘Captain, did you make an}

contact with a doctor for me?”’? And he says, ‘‘I can’t get )

in touch with the agents,.’’

[fol.39] Q. What was the condition of your foot at that

time?

| A. It was badly and all inflamed. It had cracked open On .

fi - the side and underneath there was a holp clan on the foot

; (indicating).

Q. Did you show it to the captain?

A. Yes, sir; and I showed it to the chief engineer.

Q. What was the condition of your shoe? . z

A. I removed it—I had to cut the whole top-of my shoe

off, so I could get my foot in it. I had to remove the whole

thing. ‘I was simply ~_ on the sole of the shoe—

-no, top on it.

Q. Go ahead.

iti;

east ee

A. I was in agony. I-went.to the chief engineer and I

told him, I said, ‘‘ Chief, I don’t want you to think I’m lay-

ing down on the job. I want to keep the job. It’s a good

job.” I says, “I don’t want you to think I am laying

down on the job.’” He says, ‘‘That’s all right. You will

get a doctor as soon as we hit port.’”’ So, I said, ‘‘O. K.”’

So, I went backo my quarters. When we docked—we were

- just coming offwatch—I went to the captain again and I

. said, “‘Plewisé get me a doctor,”’ and he said, ‘‘I can’t get

in tough’ with a doctor.”” Now, there was @ hospital in

Colo at that time and all he had to do was to get in touch

with the hospital. ;

Mie Bulk: Bobddckie teat 2

By Mr. Freedman:

Q. Go ahead.

A. The captain said, ‘You will have a doctor at the first’

lock in the morning.’’ ‘Well, all I could say was, ‘All

right.”” Everybody left the ship but me then. I couldn’t

walk. !

[fol. 40] The next morning, when I came off watch, I said |

‘‘Captain, I don’t see no doctor yet,” He says, ‘‘ You will.

get a doctor all right. You will get a doctor.’’ So, ‘we pro-

“eeeded through the first lock and when we got to the Peter

Miguel locks, we had to tie up at the lock to let some other

ship come through the lock. The inside of the lock was.

closed, and I says, ‘‘Captain, will you please get me a doc-

tor?’”? And he said, ‘‘You will get a doctor all right.’ So,

I hollered to the men on the dock, ‘‘Don’t let go your

ines until I get a doctor.’’ Then the captain gave orders —

for.the doctor, to call a doctor. When the doctor came on

board, he immediately ordered the captain to put me asliore.

They put a gangway down, and I couldn’t navigate down the

gangway; two sailors had to assist.me, and they brought

me to the Gorgas Hospital at Ancon, Panama. I arrived at

the hospital at one-thirty—abant between one-fifteen and

one-thirty in the afternoon. As soon.as I arrived at the hos-

pital, they immediately undressed me, gave me & hot bath,

2 and put me to bed, and dressed my foot with a wet dressing,

and they put it under an electric light heater, and that contin-

ued that day. The pain was something terrible. I couldn’t ©

stand it. I was in agony. — That continued every ‘night.

Fe er -

They used to give me pills, some kind of pills to make me

sleep, and I used to wake up during the night; and I’ used

to say to the nurse, ‘‘please get me a doctor.’’> My foot was ©

paining. I couldn’t hold it still. |

. On the 27th of March they operated on me. They took

the first little toe off. . ney

Q. Of which foot? Nae! :

A. Of my right foot. "They took the little toe off, and

it left a hole there, and they used to patch that hole up with

medicated gauze, and I used to say to the doctor, ‘‘Please

[fol. 41] ven off.’ The pain was terrific. What I went

through I never want to go through again. e3

So that continued until the latter part of April, and the

agent came to me and he says, ‘‘There’s a ship coming

through tomorrow.”’ He says, ‘‘What do you say? How

would you like to go to New York?”’ I said, ‘‘I don’t care

_ What they do or where I go as long as I get some treatment. °

to get rid of this pain. I can’t stand it,’? I says. So he.

arranged for my release, and he came there on. April 4th

‘and he put me on board the steamer ‘‘Alamar’’, and the

- doctor, when he dressed my foot, he says, ‘‘When you go

on board this ship, there’s no doctor,’’ and he says, ‘Don’t

let anyone in the crew remove that bandage until you ar- -

rive in New York City.’” He-says, ‘‘As soon as you arrive

in New York City, go immediately to the Marine Hospital.”

Coming up for nine days, up from the Canal, the pain was

terrible. ‘I felt just like jumping over the side.. Night after

night I sat on the hatch. I couldn’t sleep with the-pain in

my foot. ee ernets ,

_ When I arrived in New York, they called for an ambu-

Fie _lanee, and the ambulance came alongside of the dock, and

| they put me on the ferry and took me to Ellis Island. A

week latér they operated on me beginning down the side here

_ (indicating). All this time, after I entered the hospital,

they had to soak my foot in hot water, and when they re-_

moved the bandage, there was a big hole in there. It had

festered, and they washed my foot with sore crystals, and. -

they bandaged my foot, and put’my foot under another

heater, and they continued this day after day, and night

after night I eried. I couldn’t stand my foot under this

»heater” I begged and begged the doctor to do something for

- my.foot. I said, ‘‘Please stop this pain.’ I couldn’t stand —

ee ie * —— | , a

it no longer, I couldn’t get no sleep. They used to give

‘me all kinds of dope, dope pills and put injections in my arm.

They changed this dressing in a week or two. They gave

[fol. 42] me another kind of wet dressing, and they put it .

under the heater. The: agony and the suffering I went

through, I would never go through again.. I don’t know

_ how I survived it.

A few weeks after that they took the next toe off.

Q. You mean the one next to the small one?

A.. Yes, sir.

‘A. They had taken the Yecond toe off, and they operated _

some kind of stuff in there to

Finally, they. told: me they were going to send, me over

to Staten Island, they had better equipment over there.

_: This was on August 7th, and they sent me over to Stapleton,

‘Staten Island.

- [fol. 43] .Q. The Marine Hospital? |

__A. Yes, sir; at Stapleton, Staten Island. They continued

the wet treatments over there and put my foot in some kind

_ of anew heater they had, and they continued the treatment.

~ All this time I was in agony, and the doctor ordered them

to give me a hyperdomic injection every four hours.

Q. Then what happened? - ape o

A. This treatment continued until September 6th. Sep-

tember 6th:they amputated my right leg between six and

seven inches below the knee. All the time T am in agony.

After this operation the pain seemed to go away gradually,

Q. You mean the amputation stopped the pain? ,

A. The amputation relieved the pain a whole lot and it

gradually left me. _ |

Q. What is the condition of your leg now?

A. Well, the condition of my leg, this morning when |]

was taking a shower, I noticed right on the bottom, where

it.was amputated, there’s a little sore about as big as the

end of my small finger. On the side my leg has blisters from

the pressure on the leg.

Q. Are you wearing an artificial limb now?

A. Yes, sir. They continued to dress my foot. Every

day they used to come and dress my foot and give me med.

ical attention with it and give me all kinds of tests.

On October 3rd they released me to the out-patient de-

partment, to return; first, it was twice a week, and then they

changed it to once a week. :

I used to have to go back there—I still have to go back

there every week and let them examine me, give me a thor-

ough examination of both my legs and arms.

(fol. 44] In the latter part of December they had me fitted

for this artifiial leg. On January 15th, they sent me to get

the leg, and when I first got it I couldn’t wear it steadily;

‘T used to wear it an hour or two at a time and then rest.

Finally, I am now getting around with a cane.

Q. Now, prior to the time of this accident, what was the

condition of your health? :

A. Perfect condition.

Q. Did you have any pain in your legs?

A. No, sir. : ?

Q. Have any trouble-with your legs?

A. No, sir. }

By the Court:

Q. What did you say your age was?

A. Forty-three.

By Mr. Freedman:

Q. Were you examined by Dr. Selizer at my request?

A. Yes, sir. :

Q. Were you examined by Dr. Kay at my request?

A. Yes, sir. eye :

Q. Were you examined by Dr. Lowry at my request?

A. Yes, sir. ~ SRG NPS ee to

317

Mr. Freedman: If your Honor pleases, I should like to

offer in evidence at this time the life expectancy of this man

or what the life expectancy would have been from the mor-

tality tables. I believe it is twenty-six years according to

the tables. . |

The Court: Well, you probably can agree on that.

Mr. Freedman: If your Honor pleases, it is a matter of

judicial notice anyway, as I understand it,

The Court: Just put it on the record.

[fol.45] Mr. Wolff: Show what the tables are.

The Court: What is it?

_ Mr, Freedman: According to the American Experience

Tables, computed by the life insurance companies of Amer-

ica, the life expectancy of a man forty-three years of age is.

twenty-six years. ~

The Court: Do you know what it is by the Carlisle Tables?

Mr. Freedman: No, sir;,I have not referred to them, but

I think it is practically the same. : |

By Mr. Freedman: E

Q. Just go back for a moment, Mr.*Taylor. Will you

please tell us where the proper place is for these retorters

that were in the boiler room?

Mr. Bull: I object to that, if your Honor pleases.

- Mr. Freedman: Having worked on the vessel and having

engaged in gl oem of a seaman——- ——- 3

The Court: en you say ‘‘the proper place’’ do you

mean the accustomed place? |

_ Mr. Freedman: I will change it to ‘‘the accustomed place.’’

(Objection overruled) |

‘The Witness: When we used to go on watch, we would

take the retarders out of the tubes and punch the tubes and

clean them, and we would throw them in front of the boiler,

and as soon as‘we got them all out, as soon as they were

cold enough to handle, we. would pile them up against the

_ bulkhead: That was to keep them out of our way, so we

- could proceed with our duties. -

By Mr. Freedman:

_Q. How much has it cost you on an average to live a day

~ since the time you have been discharged or released as

[fol. 46] in-patient from the Marine Hospital? Faia

Mr. Bull: If your Honor pleases, I object to that. He has

been released and they have done what they could for him

_and that’s the end of the maintenance part of it.

Mr. Freedman: He has not been released wholly. He has

been released to out-patient treatment, and the man has

testified that he is supposed to go back periodically.

The Court: I will permit you to show that.

‘The Witness: It costs me on an average between two

dollars and a half and three dollars a day.

The Court: I think he had better explain what he means

by that.

. By Mr. Freedman:

Q. Will you tell us how you expend or how you have ex-

pended that much?

A. Well, I spend about $6 a week for my room and my

laundry. It costs me on the average about eight or eight

and a half for my meals. It costs, I will say, about two

dollars and a half or three dollars for the different medicines

and bandages that I have got to buy for my leg; adhesive

tape, and so forth. I had to buy three new socks, stump

socks, which cost me $1.50 apiece. The average life of them

is about a month or a month and a half. I have got'to have

a clean sock every morning and they have got to be washed

with just Lux. I have to use Johnson’s medicated soap to

wash my leg and keep it clean. The doctor advised me to —

_do that. I do it morning and night. Around the hotel, in

the afternoon, I change my socks. I change them as often _

as I possibly can.

[fol. 47] Q. Just confine yourself to the cost of the various

articles.

A. First, I figure I can’t walk very muck. As soon as I

walk I perspire something terrible. Waen I want to go

any place, it’s a street car fare no matter, where I want to

go, and the rest of it, cigarettes—it costs me about $1.50 a

week, and whenever I want a haircut and a shave, and the .

rest of it, two days a week, — take in the movies or some-

thing like that. ;

Cross-examination.

By Mr. Bull: |

Q. When did this happen, Mr. Taylor? —

- A. Well, the nearest to my recollection, it was on Satur-

- day, March 9th—February 9th.

Q. February 9th?

A. Yes, sir.

Q. It was on Saturday, was it?

A. As near as I can recollect.

Q. Up until today you always said it was on the 11th,

haven’t you?

A. That may be so. I said ‘‘on or about.”’

Q. When did you say ‘‘on or about’’? 7

A. When I first made my statement. ape

Q. In your complaint you alleged it was the 11th, didn’t -

you? .

Mr. Freedman: If your Honor pleases, he said it was ‘‘on

or about’’ the 11th.

By Mr. Bull:

Q. Well, you stated it was on or about the 11th in your

libel, didn’t you? Will you answer? :

The Court: Well, whatever the libel shows. There is no

use of cross-examining him on that.

Mr. Wolff: It does show that at the top of page 2, if your

Honor pleases. : :

' [fol. 48] By Mr. Bull:

Q. When did you first decide it was the 9th!

A. When the hospital records came back, they told me so. —

Q. The hospital records told you it was the 9th? What

‘hospital records?

A. Because it was the 11th I went to the hospital. I know

it was two days before that. :

Q. The 11th when you we

nt to the hospital? Where?

A. In Baltimore, Maryland.

Q. Was it in the morning or in the afternoon when this

happened? . 7 ,

A. It was in the afternoon.

_ 32003

Q. And where was the ship?

A. At the dock.

Q. Where? .

A. Sparrows Point.

Q. What were you doing there? :

A. That’s where she has always pulled in for the regular

. boiler routine—cleaning the boilers and any repair work to |

be done.

Q. In other words, it was at the dock doing repair work,

is that it?

A. Yes, sir.

Q. She wasn’t loading or © aichargng caigot

A. No, sir.

Q. What dock was it?

A. I couldn’t exactly describe jt. It was just as you go

into the entrance of the Baltimore Ship Building Company.

Q. Is it what we call the High Wharf or is it the ship -

‘ building yard!

A. No; itis way over from that ship building vari.

[fol. 49] Q. You don’t know what the name of it is, how-

ever?

A. No, sir; I don’t.

Q. What time did. you say it happened—four o’clock in

the afternoon?

A. Between four—just as I was going on watch at four

o’clock.

Q. Well, was it just at four o’clock or before four —

or after four o’clock? |

A. A little after four.

Q. A little after four?

A. Yes.

Q. What was the ship doing there beside repair work!

Anything?

Mr. Freedman: I object to that. I ask counsel to be more

specific. What the ship was doing would not have been -

within the knowledge of this man.

The Court: If he cannot answer, he may say 80.

‘The Witness: The ship was tied up there. We had just

completed our voyage, and we were tied up there to do

any repair work before we started on our voyage. :

By Mr. Bull:

Q. And how long was she tied up there i in that situation!

A. Well, until the time they left and come to Baltimore—

or to Philadelphia.

Q. When was that? How long ottawa

A. I don’t know whether we left there the 25th or the

26th.

Q. Somewhere around that time?

A. Somewhere around that time.

Q. And had you been lying there in the same state long

before the 9th?

A. We got paid off on the 4th.

Q. On the th? ©

A.. Yes, sir.

‘fol. 50]. Q. That is, from the preceding voyage?

A. Yes, sir.

Q. On the 9th you were on shore pay, were you?

A. Yes, sir.

Q. When did you sign articles again?

A. When we came to Philadelphia. .

_ .Q. When you ame to Philadelphia, and that was around

the 26th, you say?

A. No; we arrived here, I think it was, the 28th.

Q. So that from the 4th until either the 25th or 26th you

_were on shore pay, and when you got to Philadelphia you

“signed articles around the 28th, is that it?

A. Somewhere between the 28th and the ist,—somewhiere

around there.

_Q. In the. meantime, ¢ on the 11th, you say you went to the

- Baltimore Marine Hospital, did you? -

A. Yes, sir.

Q. And did you get permission from ot of the officers

on the ship to go there? © |

A. Yes, sir. :

Q. At that time what was the appearance of your foot?

A. Why, it was—the little toe was swollen and bruised

and it was cut on the side.

Q. The little toe was cut on the sidet

A. Yea, sir.

Q. Now, how long: did it have that appearance?

A. Just a couple of days. 3

i shart eet oes ee ht

Q. What was the appearance on the om the appéarance

of re toe?

A. 0. K,

. Q. Nothing wrong with it at all?

[fol. 51] A. No, sir.

Q. You didn’t have any sore or any scab between the

toes? —

A, No, sir. ys °

Q. That was the first time you saw one there?

A. Yes, sir.

Q. At the Baltimore Marine Hospital, what did they « do!

A. They examined me, gave me a blood test, and urinal-

ysis, and gave me a bottle of medicine, and told me to put

this medicine on twice a day. i

Q. Did they put anything on? —

A. They put some of this medicine on it and they told me

to continue doing it. ,

Q. And they told you to go back to the oe

A. Yes, sir.

Q. Did you go back to the a

A. Yes, sir.

Q. Did you report to anybody on the ship that you had

been to the hospital?

A. Yes, sir.

Q. Who?

A. I reported, before I left to go to the hospital in the

morning, to the first mate.

Q. I asked you, when you came back from the hospital,

did you report to anybody there?

A. Yes, sir.

Q. To whom? ;

A. To the chief engineer and the assistant engineer.

Q. Did anything happen?

A. One of the oilers offered to stand by watch, but I said

I would stand it myself.

[fol. 52] Q. And did you stand it yourself?

A. Yes, sir. .

Q. When did you go back to the Baltimore Maiine Hos-

pital? 7

A. About two or three days later.

Q. And the ship was still at Sparrows Point at that time?

A Yes, sir. *

Q. When you went to the hospital at that time, what was

_ the appearance of ,your toe or toes?

. Is that all? . : )

A. Yes, sir; and they pulled the rest of my teeth-out.

Q. Did they pull any teeth out on the first trips)

A. Yes, sir. - eee | "

Q. Was it the same doctor both times?

A. The major—yes, sir.

Q. Who was he?

A. I don’t know. |

- Q. You don’t know, but he was a major, was he?

A. Yes, sir. :

Q. Was he the only doctor there that saw you?

A. Yes, sir; he was the only doctor that seen my foot,

and then the dentist took care of my teeth.

Q. That, then, would be the 13th or 14th, would it?

A. Yes, sir.

Q. Did he give you any more. medicine?

A. No, sir; he told me it would be all right.

Q. Did you report to anybody when you went back that

time? : :

A. Yes, sir. ;

Q. Did you get a certificate to go that time? -

A. No, sir. .

[fol. 53] Q. You went on the same certificate?

A. The mate told me, the first mate, to use my discharge,

which I did. - .

- Q. And when you came back, did you continue on your —

watches? : :

' <A. Yes, sir. :

Q. When did you next go to any hospital?

A. After we left Baltimore, as soon as we arrived in

Philadelphia, I got a hospital ticket off the first mate. He

got that from the captain and gave it to me, and I went

immediately to the out-patient department in-Philadelphia,

and they duplicated this medicine or gave me some more

medicine’in another bottle, and they put me through an

examination there. He als: if

Q. Did they take a blood test? sebtd ict!

A. They took a blood test, and a urinalysis, and examined

me all over and told me it was all right—‘‘This medicine

A. They told me to continue with this medicine. _

Q .

willtake care of you.’’ : .

Q. Was it the same kind of médicine that they had given

you in Baltimore? Beefy, | ‘

A. It was a different color.

, 2 ‘Tt was a different color?

A. Yes, sir.

Q. Did they tell you to stop taking the medicine you got

at the Baltimore Hospital?

‘A. No; they told me to, continue.

Q. To use both?

A. Yes, sir.

Q. And you used both on your toes?

‘ A. Yes, sir.

Q. At Baltimore did they also tell you if you used, that

med-cine, you would be all right?

[fol. 54] A. They told. me it was all right; to go ahead

with my work.

Q. Then, you went then to the Philadelphia Hospital at

about the latter part of February? :

A. Yes, sir; I think it was.

Q. Soon after you arrived here from Baltimore?

A: ‘A day or two.

_ Q. What hospital is that in Philadelphia?

A. The United States Public Health Out-Patient.

Q. That is St. Agnes?

A. No; the out-patient department.

Q. Where i is it?

A. On Chestnut Street.

Q. Whereabouts—Third Street?

A. Between-Second and Third.

Q. And yeu did continue eso watches when you went

back?

A. Yes, sir.

Q. And how long did you continue those wwitedes?

’ A. Until I was taken off the ship at the Panama Canal.

Q. And you stood all your watches until you actually

' went off the ship in the Panama Canal, is that right?

A. Yes, sir.

Q. Did you ask to be relieved by anybody?

A. No; I did not.

Q. When you came up from Baltimore to Philadelphia in

the latter part of February, you were on Coastwise articles,

were you?

A. I didn’t sign any articles until we left Baltimore. :

Q. You didn’t sign any articles until you got to Ppsladel-

phia?

A. Philadelphia.

[fol. 55) Q. When was that? ‘How long after you got to ©

Philadelphia? *

A. A couple of days after, I think it was. —

Q. Was that before or after you went_to the hospital,

the PublicHealth Service?

* "A. After I went to the hospital.

_Q, After you went there, you signed articles for an inter-

coastal voyage, did you? a hes

_ A. Yes, sir. . | 7

- Q. That was around February 28th or 29th?

A. Maybe March 1st—I don’t know which it was. —

Q. How long did you continue using this medicine on your

toe? |

A. Until it was empty. |

Q. How long would you say that was? |

_ A. Well, that was out of Philadelphia. I think it was

maybe two, or three days out of Philadelphia.

Q. And then’you had no more medicine? ,

A. No more medicine. I went to the steward and he

treated my foot. -

Q. What did he-do? | ay

_ A. He washed it with some kind of solution, and put some

kind of salve on there, and wrapped it up.

Q. Bandaged it?

A. Yes, sir. as ae ;

Q. Did he do that regularly? . ieee, ae

A. Every morning he told me to come there, When I

came off watch at night, I went in and woke him up several

times. s

Q. Then, he washed it out and put on some of this salvef

A. Yes, sir. ; ek

[fol. 56] Q. Did that continue until you got to the Panama

— Canal?» sabes ie .

A. Yes, sir. | wos

-- Q, At how thany ports did you stop between Philadelphia

and the Canal? : tae ys

A. Panama was our first stop. .

Q. That-was the first one?

-A. Yes, sir. . :

Q. When did-you get there? Sth |

A. On the night of the 11th, about eight or nine o’clock

at night. . :

Q. The 11th of what?

A. The 11th of March.

- Q. That was about oem ) Gok at night?

_ A. Yes, sii. ws

Q. How long did you sey theret

A. Between seven and eight in the morning. I ‘don’t

know the exact hour. I was on watch.

Q. Then what did you do?

A. As soon as we arrived at the Canal, at Gires o’clock

in the afternoon, on the day of arrival——_. se

Q. No; I am asking you, after you left —— where did

the ship go to? é-

: A I went to the « captain——

.Q. Where did the ship go to from Colont

Mr. Freedman: I object. He has answered your question.

. Read the question.

_(Question-read.)

[fol. 57] The Court: He may lies his answer to the

question: ‘‘Then what did you do?” if he has anything :

more b oid

The Witness: As soon as I come off watch, when the ship

was proceeding, another ship had to be helped through -

the first lock. I went to the captain again. I said,

‘*Captain, you didn’t get me that doctor you promised me.”’

He says, ‘‘ You will get your doctor.”’ ’

By Mr. Bull:

Q. Now, where did the ship go to from Colon?

A. Through a lock.

Q: What was the next town it touched?

A. That I couldn’t say.

Q. Did you go off the ship before you came to another

port? ;

« <A.-No, sir; I did not. :

Q. Don’t you know, then, what was ‘the hext st you

came to?

A. The only place that I know, where I was taken of-,

was the Peter Miguel locks.

: Q. Is there a port there? —

A. There’s a lock there.

Q. Yes; but is there a port there?

A. I don’t know just what you mean by “port”,

Q. Is there ‘any town there?

A. I don’t know. There are soldiers theré.

_ Q. There are what? ey

A. Soldiers there.

Q. Is there any town at the first lock you went through?

A. The town, when you tie up at the dock at Colon——

Q. Yes.- I am talking after you left Colon. You -said

‘you went through the first lock. Now, you went on through

a second lock? re :

[fol.58] A. If I am fiot mistaken, if I am right; I don’t

know; 1 am not well acquainted with the locks down there,

but I think fhe lock is in Colon.

- Q, The lock is in Colon?

A. The first lock. jae .

Q. How long did, it take you to get from Colon until you

got to this lock? = ;

A. I come off at eight o’clock. We were through the

first lock. It was between twelve and one when the doctor

, came on the ship. Dede’ fa

Q. When was it, morning or afternoon?

A. Afternoon.

Q. So, you were through the first lock?

A. Yes, sir. ; .

Q. And that is when you came off watch?

A. Yes, sir.

Q. You were through ‘there?

A. Yes, sir.

_Q. Just got through?

A. Yes, sir. + :

Q. You got to the next lock at twelve or one that after-

noon? - Sas

A. I think there was another lock we went through.

Q. Well, now, how many locks did you go through?

’ A. Three locks. , :

Q. When did you get to the second lock?

A. I don’t know the name of it, sir.

Q. You don’t know that?

A. No, sir; I don’t.

Q. Was there a town there? |

[fol. 59]. A. There’s a few houses there. It’s all Govern- |

ment property. I don’t know. I can’t be sure to say those

things. |

be 4 Do you know the name of the third lock?

_ Peter Miguel lock, if I am not mistaken. That’s.

where I was taken off. A ea aaeRe. S94

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on ke : ete. rok eee e597 Me EE ay IE AS te ee Sg Rn,

z .

Q. That is where you were taken off?

A. Yes, sir.

Q. Then the doctor come on the ship?

= A. Yes, sir.

Q. Did he look at your foot on the ship?

A. Absolutely.

Q. And it was after he looked at your foot that you went

ashore?

A. They took me ashore. They had to help me down the

gangplank, and took me in an ambulance and drove me to

the hospital. I didn’t go ashore; they took me ashore.

Q. Who was that doctor? .

A. I couldn’t tell you his name. I never met the man-

before. '

Q. He was brought on the ship, was he?

A. Yes, sir.

Q. Did he go to the hospital with you?

A. He rode in the ambulance for quite a ways to some

town, and he got off at his house, and the ambulance driver

took me to the hospital. ;

Q. And this doctor that came on board suggested that

you be taken off and taken to the hospital?

A. Yes, sir.

Q. And that’s the Gorgas Hospital, a Government

Hospital, is it?

[fol. 60] A. Yes, sir.

Q. And while you were there at the Gorgas tial

what treatment did they give you?

A. When I first entered the hospital, they immediately

gave me a bath, and washed my foot out with some kind

of medicated solution, and then they put a big bandage

on it, and they washed this bandage with a solution—they —

gave me a bottle of it—and they put my foot under an

electric light. It was covered with a canvas, and my foot

was in there, and I had to keep that foot wet. They told

me to keep it under there, and let the steam come out.

They wanted to keep it hot. It was a kind of roaring.

Q. I am asking you what they did.

A. That’s what they did until about the 27th of March,

and then they operated on me and removed.a little toe from

my right foot.

Q. So, from the 12th of March until. the 27th, all they

did was to give you _ hot treatment and dressing, is that

eo ae 7 :

Q. Did they also take blood tests there?

A. Yes, sir. + ae

Q. Did they tell you what you had from those blood

tests? ae : . ee

A. No, sir; they did not. They never tell you.

Q. After the 27th, when you say they amputated your

little toe, what treatment did they give you then?

A. They’continued to pack this hole. that was left in my

foot with some kind of medical gauze every morning, and

wrap my foot up, and about—oh, I would say, maybe ten

days later, they took the stitches off the side where it was

operated on—they’ had some stitches in there—they took

ther out, but they still continued packing this hole.

- [fol.61] Q. Was that one toe or more than one?

A. That was just one toe, but it had left a big hole in it.

Q. Then, you stayed there for about a month with that.

treatment, is that right? ;

A. I stayed there until May 4th.

Q. May 4th? ;

‘A. Yes, sir.

Q. You left on the ‘ Alamar’’?

A. Yes, sir. ~

Q. And you were brought on. the ‘‘Alamar’’ up to New

- York, is that right? :

A. Yes, sir.

Q. During that same period, you were getting the same

treatment, this dressing every day? |

A. While I was in the hospital? , | 7

Q. Yes.

A. But not aboard the ship.

Q. I say, while you were in the hospital you were getting

the same treatment? ;

Mr. Freedman: In what hospital!

Mr. Bull: At Gorgas.

The Witness : At Gorgas.

By Mr. Bull:

_ Q. When you left there, they told you to continue to dress

it-and not let anybody on the ship take any bandages off;

is that what you testified? | os

A. They told me not to:let anybody remove that bandage

off that foot until I arrived in New York. Bh

[fol. 62] Q. And did you do that?

A. Yes, sir.

i. Q. And did they tell you that you should come to New

ork?

A. The agent had some arrangement for me to wake this

boat, and I asked the doctor if it was all-right, and he said it

was O. K. He said, ‘‘ We do that lots of times, because this

isn’t a Marine Hospital.’?

Q. It was at their suggestion that you got on the

‘*Alamar’’?

A. The agent made the suggestion to me and the doctor,

and he had made some arrangements for my release at the

hospital, and he came there—if I am not mistaken, I think

it was on a Saturday morning.

Q. Who suggested that you come to New York.

Mr. Freedman: Who is ‘‘who’’?

Mr. Bull: The hospital.

The Witness: The agent made the Feeney

By Mr. Bull:

Q. The agent of what? :

A. The agent of the company.

Q. It was not the doctor in the hospital?

A. No, sir; it was the agent. I asked the doctor if it was

all right, and he said, ‘‘Yes’’, it was all right; and then he

gave me the orders not to let none of the crew touch this |

foot.

Q. Who was this agent you say that cnnalnalel that you

come up?

A. Mr. Stapleton, I think was his name,

Q. He was the agent for the steamship company?

A. He was working for the agents. I forget the agents’

name right offhand. . |

Q. What did he say to you? ° What was the suggestion

about your coming to New York? |.

[fol. 63] A. He told me about this ship coming through

the following week, and I says, well, if it would be all right,

I would just as soon go, because I had no friends and nobody

in thé Canal. He was the only one that came to see me.

Q. Did you want to come up to New York or didn’t you?

A. With their permission: yes.

.Q. When you got to New estes you went to Ellis Island,

is that right?

“

A. Yes, sir... ae ee :

Q. And you were brought up to New York free of charge, .

weren’t you? | , | 7 |

A. Yes, sir. ic

Q. And at the Ellis Island Hospital they continued to

' dress it, did they? | ; \.

A. Yes, sir.

Q. With the same kind of dressings that had been used

before? |

No, sir.

Different kinds?

. Yes, sir. : | }

Did they ever tell you there what was wrong? a»

. No, sir. eee ; :

Did they take blood tests?

Yes, sir ; numerous times.

At the Ellis Island Hospital?

Yes, sir.

_ And that continued until they amputated the other .

toe, is that right? .

A. They amputated the stump of the little toe first, and

OPOPOPOo POP

then the second toe, and operated on the side of my right

foot. :

[fol. 64] Q. And that continued until they operated and

took a part of your lower limb, is that right?,

A. No, sir. After that they put me in what they call the

hot box and they injected several different kinds of medi-

cines and solutions into my arms.

Q. Now, during that period do you recall the representa-

tives of the steamship company who used to come and call on

you now and then?

A. Every week.

Q. And they used to give you money?

A. $5 a week.

Q. $5 a week?

A. Yes, sir. ° ;

Q. Is that all that they gave you?

A. No, sir. ;

Q. Then, how much did they give you?

-_-A. That was in the Ellis Island Hospital. -

Q: How much didthey give yout =

A. That I couldn’t tell you off hand. I never figured it

‘out myself. ; }

Q. They used to ask you to receipt for the payments!

“A. Yes,sir. —

Q. That is your signature (indicating)?

A. Yes, sir.

Mr. Bull: I will offer these. I think I had better staple

them together and put them in as one exhibit, because there

is quite a batch of them here—as Respondent 'g Exhibit 1.

[fol. 65] The Court: What is the total?

Mr. Bull: $487 for a period of a little over a year. It

runs from June 14, 1935 to March 10, 1936. It is not quite

ayear. $487 in all.

Mr. Freedman: It is agreed that this amount has been

. paid to the libellant as it states, on account of maintenance

and personal injury claim.

By Mr. Bull:

Q. Now, a number of those were paid to you while you

were at Ellis Island—those payments—were they not?

A. Sir?

Q. Some of those payments were made while you were at

the Ellis Island Marine Hospital?

A. Yes, sir.

Q. And at the Stapleton Marine Hospital?

A. Yes, sir.

Q. And some were paid to you at the home of your sister-

in-law in the Bronx, New York City?

A. Yes, sir. ©

Q.. And some of them were paid to you at the office of the

steamship company when you went down there and got

them?

A. Yes, sir. |

Q. Now, daring that time you say that you were seeing a

representative or representatives of the steamship company

every week or so?

A. Yes, sir.

. Q. Sometimes more than once a week?

A. And he told me. any time——

Q. Just a minute. Were you seeing them more than once

a week?

(fol. 66] A. Every time I went to the hospital, I had to

stop in there; they told me to.

Q. Every time that you went to the noapitelt

A. Yes, sir.

Q. You mean, after you had stopped being an in-patient?

A. Well, I was an out-patient; yes, sir. ee uh

Q. While you were an in-patient you used to see someone

about once a week? .

A. Practically every week. |

Q. During that time didn’t you discuss with somebody

your injury? |

_ A. No, sir.

Q. Did you ask for anything they didn’t give you?

A. Anything I asked for; they would give me anything.

They said, ‘‘Don’t see no attorney.’’ |

Q. Did you ask for anything they. didn’t give you? That

is what I asked. ae

A. No, sir: I didn’t—only one time I went to the office

and asked Mr. Sommers as to how about my trip’s wages.

- He says, ‘‘you can sign clear right now if you want to.”’

Q. Didn’t you have with Mr. Sommers or Mr. Barron or

anybody a discussion about your injuries? |

A. No, sir. ‘They tried to get me to, but I wouldn’t make

no statement. | ;

Q. Didn’t discuss them at all?

“A. No, sir.

Q. You didn’t tell how, where, or why you got them?

A. No, sir.

Q. You refused to do that? ! | :

[fol.67] A. Yes, sir. I told them when I got out I would

sign papers—when I got back on the ship.

Q. You refused to tell them how it happened?

A. Yes, sir.

Q. Didn’t you say you didn’t know how it happened?

A. No, sir. :

Q. You didn’t tell anybody that?

A. No, sir.

Q. All this time, you say, they were doing everything you

asked them to do?

_ A. Yes, sir.

Q. Did you ask to have a specialist come in and examine

you? :

° A. Yes, sir. aie

Q. Now, when was that? :

A. Sometime either the latter part of August or early in

September. 7 ; poe?

Q. The latter part of August or early in September?

Ee ark ed ee eae

A Fy NN I EE ee

A. Yes, sir.

Q. 1935—last year?

A. Yes, sir. .

Q. And did they do it?

A. Yes, sir.

Q. They complied with your request and had a specialist

go there? : }

A. Yes, sir.

" Q. And did he examine you?

A. Yes,sir.

Q. Where was that? .

A. At Stapleton, Staten Island.

Q. Did the Marine Hospital authorities agree or approve

ofthat? . :

{fol.68] Mr. Freedman: That is objected to. He wouldn’t

know if the Marine Hospital authorities agreed or approved

of it.

A. They didn’t tell me.

By Mr. Bull:

Q. Were any of the Marine Hospital doctors there at the

time this doctor examined you? ~ 2

A. Three of them. ;

Q. Did théy take any part in that examination?

A. They fast stood by and this doctor took some kind of

a record ; I don’t know what it was.

Q. There were three doctors at the hospital and this

specialist that the steamship company sent over there?

A. They were at my bedside, and they walked out, and left

him there. —

Q. Do you remember who this specialist was?

_ ‘A. Dr. Spaulding.

Q. Do you know who he is?

A. No, sir; I do not. .

Q. That was, in fact, during the latter part of August,

1935, wasn’t it? |

A. I couldn’t say exactly the date. I was too much in

agony really to talk to anybody. ;

Q. Now, didn’t you talk to them at all?

A. When they unbandaged my foot, I couldn’t hold it. It

was just jumping like that (indicating), and it was all broken

‘up on the top. There was a hole in my foot, and you could

od cer inet ee

Seale sna teeta seciecuami espns ne nenitinntnietnaate

drop an egg in it and you couldn’t see it, if you dropped an

- egg in.

“Q. Didn’t you talk to them at all?

(fol. 69] Mr. Freedman: Talk to whom? “

By Mr. Bull:

Q. To the doctor who examined you?

A. Lreally don’t know whether I did or not. I was under

the influence of dope most of the time.

Q. You don’t remember whether Dr. Spaulding asked how

this happened ?. Shea

A. He asked me questions, but I couldn’t answer.

'Q: You say you didn’t answer?

A. Not to my recollection.

Q. If you told him anything at that time, you didn’t know

what you were talking about?

_ Ac T'was under the influence of dope. I didn’t know what

I was doing half of the time.

Q. I am asking you, is that why you didn’t know what you

were doing? You didn’t know whether it was true or not?

A. I didn’t know. I couldn’t tell him anything. The doc-

tors would have to tell him that. I didn’t know really what.

was the matter with my foot.

Q. Did you tell him anything?

A.. I don’t recollect.

Q. You don’t recollect?

A. No. | |

Q. If you told him anything, would you say that was

wrong or that was right? ,

Mr. Freedman: That is objected to. The man doesn’t

know whether he told him anything or not.

- The Court: You will have to elicit the facts.

[fol. 70] By Mr. Bull:

Q. You do admit, however, that the representatives of

the steamship company did ask you questions about it?

A. No, sir. : | |

Q. You don’t remember that either?

_A. They asked me several questions, and I refused to

' answer them. — ?

The Court: Questions about what—about his injury? —

Mr. Bull: Yes, sir. ~~. : a

The Court: And his condition? ©

Mr. Bull: Right—what caused it—how it ‘started.

The Court: Make it clear. |

By Mr. Bull:

Q. Did they ask you anything about how your injury or

illness commenced? Siigte hci 7

A. To the best of my recollection, Mr. Barron came to

my bedside several times, and he got to asking questions,

and I couldn’t answer. He kept on writing and he said,

‘*Will you sign this?’’? And I said, ‘‘No; I am in too much

agony. Keep away from me.’’ I couldn’t talk to the man.

The agony I was going through was terrible.

Q. You don’t say, however, that during this time you

were under the influence of dope? _

A. I was under the influence of dope from the time they

got me in Ellis Island. They used nothing but dope, dope,

dope; that’s all they give me, and treating my foot. They

thad to do something. The agony of the pain I was suffering

was so terrific. My own relatives came down there, and

I asked them please to go home and leave me alone. I

begged them to leave me alone.

[fol.71] Q. Finished?

A. Yes, sir.

Q. What is this dope you are talking about?

A. Morphine of all descriptions. They gave me morphine

injections. My,arms were full (indicating), where they

used to put injections in my arms. Every hour they give

them to me. Seek ee

Q. How do you know they used morphine? _

A. They told:me. The nurse told me. Every four hours

they used to come up and give it to me. As soon as this

dope died out, it was just like a million bugs in there eat-

ing me, eating me up. It was the worst agony I have gone

through. I wouldn’t go through it again for a million dol-

lars; I wouldn’t go through it again. -

- . Q. You have made that speech before. You don’t need —

to go through it again. :

A. Well, it’s the truth. ~~ |

Q. You had more morphine when Dr. Spaulding was

there? i

A. Every four hours they gave it to me. :

Q. I asked you, you had more morphine when Dr. Spauld-

ing was there?

Mr. Freedman: This has been hashed and rehashed. If

counsel has anything in mind, I wish he would state it.

The Court: I was going to ask; Aren’t we prolonging .

this inquiry? : :

By Mr. Bull: _* fabs

Q. This thing you spoke of in the engine room, that has

been called a retorter—is that the name? ;

A. Retarder or retorter. , :

Q. Either one is right?

A. Either one is all I know them by. Pak

(fol. 72] Q. Now, what is a retorter?

A. A retarder is a piece of metal about, four inches wide.

It fits inside of a four inch tube, and it’s like a spiral

stairway. . It’s about one-eighth of an inch thick and it’s

between five and seven feet long. .

Q. How thick? .

- A. About one-eighth of an inch.

Q. What is it used for? eC ‘ee

A. It is put in these tubes, so that it retards the flame; so

the flame can’t got right through. When a fire is going

_ through there, it heats the water.

Q. What is this tube that they go through? Let us un-

derstand just what they are used for and where they are

put. to

A. In the breeching of the boiler, which is over part of

the boiler. , me

Q. The boiler fire box?

A. The fire box is a different thing altogether.

Mr. Freedman: May it please the Court, I do not want

to clutter up the record with a lot of objections, but I think

_ this is too remote. reg ie a :

The Court: I know, but I think we ought to know what

it is. He referred to it as a retorter, on whatever the name

is.

_ By Mr, Bull:

Q. And their purpose is to retard the gases, is that it? _

‘i A. That I couldn’t tell you. That’s an engineer’s ques- *

. tion. | :

, a

ak) Q. They are a flexible steel piece that is pat in there ing

} ti - spiral shape, so the gases will not go through and ont in

fi he a hurry, but they will gét the most benefit out of those gases,

eRe _ is that it? -

[fol, 73] A. Get the most benefit out of those gases.

Q. How often do they take them out?

“A. Every time they- clean the boilers. They clean them

once.on the east coast and once on the west coast.

Q. Once on the east coast?

PE LIT NS USA Sy of sacra

rine ay

Ay Yes, sire i fh

Q. This was in the fire room?

_ A, Yes, sir. '

Q. How did you get. in there?

A. Through the engine room. It’s through a companion-

way between the two hailers, and then the fire room —

entrance.

bi Q. And that pasenge, way is between two boilers, is that

By right?

ic. 2: A. Yes, sir.

Ne ee 4 Which two?

hie | ; A. The starboard and center.

Le : eLhe Court: Let me inguire of counsel, do you have in

pe mind calling other. witnesses this afternoon?

i Mr. Freedman: Yes, sir; they are all in court now.

ae The Court: You had better call them now then. Call

ihe ’ them.

=, .

Ie . ( Witness itieaes. de;

€,

int

‘Maurice Sz.rzer, having beak endl 5 sei was iebiiided

—_ testified as follows: = *:

By Mr. Freedman:

ee Q. You are a practicing physician in the md of f Phila-

Darin Dees?

©. What is y. your address? ett

: 7967 Castor Avenue. : | 5

{fol. 74] Q. And how long have you been in practice?

A. Ten years.-.

-Q,, From what school did you graduate?

» AS eerueaee of Sere, 1926.

ee ee s canaia i Sakata be =" 3 ee 5 eimeeenmmebtian

CPN SRT, aig tN wg eed BARS eke ee, neem ad he eh 8 Sr) eee e emcee Sahl DENOTE RG tine —

i SME ae gS pare ea : J ee a we 2 bet Ho ate ey REG a =r ay! bas

‘4 pope den ate ces As : : ; ; | +8 oe aay tee GOR Done tees ee Ae) hc

pe SI) SCs ete awe deem

Q. What affiliations as a physician have you had or do

you have now? :

A. Interne in the Abington Memorial Hospital. I gpent

two years at the Philadelphia Hospital for Mental Diseases.

_. Instructor in neurology in the University of Pennsylvania

s and Temple University, and at the present time am physi-

_ eian to the Episcopal Hospital and Jewish Hospital. I am

a surgeon for the Pennsylvania National Guard and the

Fairmount Park Commission.

Q. Do yon specialize in any particular branch of medicine

_and surgery? ieee = |

A. I do generaldpractice, with special work in internal

medicine. se + ie

Q. Have you examined Charles W. Taylor,.the libeliant

in this case?

A. I have. maa

Q. When and where?

_ A. On March 18th and April 20th, at my office.

“Q. Did he give you a history of his case?

. Ae Yes... |

By Mr. Bull: :

Q. What year was that?

- A. 1936.

ae oe By ‘Mr. Freedman:

Q. What history did-he give you? _ :

‘[fol. 75] Mr. Bull: I object to that, if your Honor pleases.

- Tt doesn’t make a particle of difference.

. Mr. Freedman: I will withdraw the question.

By Mr. Freedman: pig, roy

Q. Have you. read the clinical record, abstracts from —

the clinical record of this man? _ %

Mr. Bull: I object to that ae ee

_ - Mr. Freedman: Just inute. I am not through yet. ©

om the Baltimore Hospital and the Philadelphia ©

ospital and the Gorgas Hospital Memorial and the Staten

Island Marine Hospital? Bees 943 2 te

Mr. Ball: I object to that on the ground that it is all

- hearsay.

The Court: Of course; it is and so is the history of the

Case.

By the Court:

Q..Did you, Doctor?

A. T did. |

Q. Did you exaniine him?

A. I did.

The Court: All right.

By Mr. Freedman:

Q. From youg reading of these reports, and your own

examination, and from the history of tle case, what is your

conclusion as to his medical diagnosis!

Mr. Bull: I object to his basing his opinion on what he

has read.

The Court: He has stated that he examined the patient.

Mr. Freedman: Yes, sir.

[fol. 76] Mr. Bull: Is his opinion base on what he found

‘hiraself or what he found in somebody else’s report?

he Court: Doctors instinctively inake a report after

they get the diagnosis.

Mr. Bull: It seems to me it is important to know what

he bases his opinion on. —

The Court: You had better wait until the cross-examina-

tion. As I understand the doctor, he examined this pa-

Sgt, 6° got his history, and examined the records of some or

hospitals, and on that he is giving his opinion as

to what?

Mr. Freedman: As to the medical Gingnonie of this man,

as to what this man—— - ;

The Court: Is that objected to?

Mr. Bull: Yes, your Honor.

- (Objection overruled: Exception noted for respondent

by direction of the Court.)

_ The Witness: Mis: itnipsdala Ok Sis aaa tad that ‘be

sustained an injury in thé right fifth toe, which precipitated

a train of events resulting in Buerger’s disease which, in

en ee

By the Court:

Q. Doctor, what is Buerger’s disease?

A. Buerger’s disease is apparently an inflammatory

condition of the blood vessels, especially involving the larger

-plood vessels and especially the arteries. After the

disease results, there is a blood clot formed which sooner

or later becomes organized se that the opening becomes

occluded. This interferes with the circulation of the part

supplied by this blood vessel, so that either pain or ulcera-

tion or gangrene may result. The medical name is thrombo

angiitis obliterans. | .

[fol. 77| By Mr. Freedman:

Q. Will you state upon what you based your findings?

A. My findings are based on the history of the case and

the findings—physical findings noted at Stapleton and the

pathological report taken from a section of his blood vessel

after amputation.

Q. And now, Doctor, can you briefly describe the nature; -

the symptoms and the cause of Buerger’s disease? |

A. I have just described the nature of it. The symptoms

are usually pain, especially pain on walking. The foot

in many of these cases ulceration and gangrene may develop.

Q. Doctor, what is the cause of Buerger’s disease?

A. The exact cause,of Buergér’s disease is unknown. .

Q. Do the authorities support your view?

A. They do. ©

Q. Can trauma act as a precipitating agent of Buerger’s

A. In my opinion, trauma can act as & precipitating agent.

Q. Can you name any authorities supporting ‘your view?

A. Lean name two authorities: Dr. De Takats in an article

published in the Journal of the American Medical Associa-

tion April 27, 1935; and an article by Dr. Barber of the Mayo

- Q, Doctor, when, in your opinion, did Buerger’s disease

first become clinically recognizable in Taylor? =e

A° At Ellis Island. I don’t know the exact date.

" Medical Association June 15, 1935; trauma is mentioned as

Sp nn ae al A NR It

‘Best oninion bat on are asking him for his ni

By the Court: :

Q. Is this a blood disease?

[fol. 78] A. We don’t know the cause of it.

Q, You don’t know the cause of it?

A. No. It’s an inflammatory condition of the biood ves,

sels themselves—not in the blood.

Q. It is localized?

A. It is not localized. It may spread from one part, of the

body to another. It is localized for the time being.

Q. What I mean by ‘‘localized’’, it is an inflammation of

the part, but it is not in-the blood stream itself, or is it in

the blood stream?

A. We don’t know. ‘It may spread to different parts of

the body. without any continuity.

By Mr. Freedman:

Q. Assuming that Charles W. Taylor, the libellant, struck

his fifth right toe against a retarder on or about February

9, 1935, and that thereafter an inflammatory lesion set in

and that he subsequently received numerous amputations -

_of his toes, and finally the amputation of his right leg on

September, 26th, at which time a positive, diagnosis of

Buerger’s disease was made, is it your professional opinion,

Doetor, that the injury he received as. the-result-of striking

his fifth right toe against the retarder precipitated the train

of events resulting in Buerger’s disease and resulting in the

‘ amputation of his right leg?

Mr. Bull: I object to that.

The Court : I will have to sustain the dhicetion tothe ques-

tion in that form, but you may ask him whether the diseased

COME 65 Spee te Sunbtatent With the result of such an :

injary. 3

[fol. 79] Mi. Wedetinakt This i is a hypothetion!- question —

which is based on the facts in this case, if your Honor pleases:

The Court: Yes; but you are asking him not for bis sur-

‘us whether the condition’ which he found,

_ and which he learned from the history of the case and from

the hospital records, itor ie not consatent with the resit ,

| Se Racy wie i te cece.

‘opinion, 2

By Mr. Freedman:

Q, Will you give your answer tc: that question, Doctor,

as it was put by the Judge?

A. Such an injury could precipitate a case of Buerger’s

disease. ;

Q. In your opinion, Doctor, did it cause it'in this case? -

Mr. Bull: I object to that.

The Court: That is open to the same objection as the .

question that was asked before. I think the doctor gave you

a pretty clear answer t6 that question. He said that it could

cause it.

Mr. Freedman: I will withdraw the question...

By Mr. Freedman:

Q. In your opinion, Doctor, what did cause the Buerger’s

disease and the amputation ofthis man’s leg? :

Mr. Bull: I object to that. ,

The Court: That is open to the same objection. You asked

him to determine whether or not this did cause it and the

‘doctor told you that it would cause it. There may have

been.a half a dozen things happen—weé don’t know.

the case and the facts in the case, and ‘from those facts #e

has a right to express an opinion as to\whether of not; e

- whole thing, which terminated in the amputation, was caused

by the original stubbing of the foot. | /

~The Court: The doctor can answer any surgical question

- that you may ask him, but a jury’s opinion will have to be

given by a jury and not by the witness.

+, (Bxeeption noted for libellant by direction of the Court)

omy

a AY

ae Sal

4 ‘

_"_Q. Dostor, in your opinion, ig’ Taylor cured of this

A. I don’t care to discuss his prognosis and this question

of cure infront of Mr. Taylor. eh

A*2-Be

5 cs

[fol. 80] Mr. Freedman: The witness had the history of”

ey ©The Court: We can’t order him to leave the room but I

By the Court:

Q. Let me ask you, Doctor, is this Buerger’s disease of

any venereal complications?

‘.- A. No, Sir; none at all.

By Mr. Freedman: .. *

Q. On what do you base your opinion, Doctor? -

A. I base my: opinion on my own experience in cases I

have had and the studies of different authors.

Q. In your opinion, will Taylor require medical care in 7

the. future?

A. Taylor will require extended meitionl eare in the future.

{fol. 81] Q. Fer how long?

A. Allhislife. .

Q. Are relapses common in-Buerger’s disease.

A. Relapses are very common in Buerger’s disease.

Q. Do the authorities support your opinion?

A. They do.

Q. What, in your one would be the result of a further

relapse?

A. In*the case of a further relapse, the patient might

either suffer discomfort. or pain or some of the atrop: ic

disorders; such as ulceration or gangrene.

Q. Would it.spread through his other limbs? |

A. In a number of cases various limbs become Brant

one after the other.

Q. What do you mean by ‘involved’?

A. Show the same symptoms that impair caadaaal and

_ possibly ulcerations and gangrene.

' Q. With-necessary amputation? |

A. With amputation if gangrene becomes incurable?

Q. In your opinion, can these cases prove fatal? .

A. These cases can prove fatal by reason of the operation:

or amputation or because of the interposition of some dis- |

ease, such as pneumonia, due to the patient's w weakened con-

dition.

Q. Shou relapeeoenr, Doctor, wl he Yate spe

ized care!

“A. Ho wil require specialized care if «relapse cours

pope lregrelur es PS per E pee Se

renin ts ITE Ss Ye {iba

~ Sra arate lke not ed se Sr oe ~e oem eee Te Oe, naa

Q. Doctor, you stated that pain is one of the symptoms of

[fol. 82) Buerger’s disease. Will you describe the pain

which accompahies Buerger’s disease?

A. Buerger’s disease itself during the period of certain

disturbances is manifested by-—manifests itself by an inter-

mittent type of pain, especially on walking. Apparently

there is insufficient circulation to take care of the muscles

used. Later, as the ulcerations and other disturbances,

such as gangrene, come in; we have the very excruciating

pain which comes with this type of complication.

~ Q. Is that pain very severe? | .

A. It is probably one of the most excruciating types of

pain we have, judging by the symptoms of the people who

have had it. Ey, 13 .

Cross-examination.

By Mr. Bull:

. Q, What did you say your specialty was, Doctor?

A. I do general practice, but I am doing special work in

internal medicine. f . ;

Q. Would that include Buerger ’s disease?

A. Whatever cases that I come across. —

Q. How many cases of Buerger ’s disease have you had?

A. have had several cases in the past. I cannot remem-

‘present time.’ ‘During my stay in New York I was allowed

the privilege: of studying-under Prof. Buerger himself, in

Aa 78 “te

Q. At that time he had his artificial limb?

A. Hedid a

A. My diagnosis was based especially on the clinical |

record at Stapleton, which showed the pbysical signs and

the pathology, which is rather a clear-cut picture.

Q. At the time you exar#ined him you were unable to de.

termine that just from examining him?

A. Not at that ‘ime.

Q. And at this time you couldn’t do it without the. record

and what went befote?

A. Sinee then he has showed no signs 5 of any consequence

so far as the active stage of Buerger’s disease is concerned.

Q. So, from an examination of him, as distinguished

from the records that somebody <!se made, you couldn’t

diagnose it?

A. Not from an e> amination o. him at the present.

Q. Nor when you saw him in )..arch?

A. Well, we have to base our diagnosis entirely on the

history, as to what happened in connection with the loss of

his leg.

Q. Do you have the records that you based your diagnosis

on?

A. The records, I believe, ¢ are in court.

Mr. Bull: May I have them, please? ©

(Mr. Freedman here produeed certain f apes: )

(fol. 84] By Mr. Bull: " a

Q. Doctor, when you stated .on Sith divect examination

about an injury to the fifth toe, you base¢! that-entirely on

what either Taylor told you or you had ‘gern in an abstract

from some other clinical record?

A. Entirely on a history.

Q. Of course, you couldn’t t

that Buerger’s disease might

such as Taylor said that he had?.

ipitated by an accident

A. Well, apparently Taylor had shown: no symptoms or ~

physical signs of the disease, and when he sustained an in-

jury, almost immediately after that there is a continuous

_ .train of events that resulted in the clear-cut establishment,

_ of the disease, and my only conclusion was that the injury”

precipitated this course of events. -

te ae You say that becanse Taylor told you that he 'd

nothing before that? soa osebatee

A. T say this, in-view of the history... Seek Bap Ie

Palins Shee gion Bet. 3

| from seeing Taylor then

‘A. Yes, and our knowledge that these cases can be incited

by injury. :

Q. Have you ever had cases that you have treated your-

elf, your own cases, that you know had been incited by

injury? :

A. LT have one right at the present,

Q. Do you know that it was?

A. I know that it was.

Q. And do you know that the man did not have any Buer-

ger’s disease before the injury?

- A. Thave treated him for sometime, and I was surprised

to find that he had all the signs of Buerger’s disease. It has

not progressed to gangrene, however.

(fol. 85} Q. Could you tell before that he had Buerger’s

disease?

A. I couldn’t tell before. ‘s Me

Q. How long does it take for Buerger’s disease to show up,

to determine, what itis? :

A. It’s impossible to answer that. We have cases that go

very rapidly and we have cases which are extremely

chronic; that is, they are chronic in the sense that it takes a

long time before the disease comes to the surface. :

Q. In other words; it is in the system and could not be dis-

covered by medical science for some time?

A. ‘In the sense that it is not recogni#ble clinically, I

- would say it has not been discovered.

Q. Can it be discovered before, Doctor, by any manifesta-

5: eee

A. All we can say is that if the patient has the physical

signs or symptoms of the disease that he is probably suffer- -

ing from Buerger’s disease. The only absolute diagnosis

is to remove a portion of his blood vessel and put it under- .

- qeath the microszope. — ®:

Q. Then'youcantell? - - aw : |

II pretty accurotely. ‘The picture is

“ Q When you say that it might be precipitated by an in- 2

» physical symptoms that will absolutely show us it is i there,

but if we have a person who is entirely well and’ if he

[fol. 86] sustains an injury and he develops Buerger’s dis-

ease afterwards, we would presume that it is the result of

the injury, because it igin the inciting event.

Q. By ‘‘inciting’’ you mean speeds it up?

A.- No; the thing that starts it.

Q. Is it due to a germ or something else?

A. We don’t know the cause of it.

Q. When you put it under the microscope, what do you

ascertain ?

A. We put the section of a blood vessel under the micro-

scope and find a characteristic clot. I can give you a medi-~

cal description, but I don’t think it would mean payehing:

Q. Probably not.

A. Continue?

_Q. Yes. ,

— It is a clot that is organized and heingiete mostly

-.. of vascular connected tissue. It-usually has totally obliter-

‘ated the lumen of a blood vessel. At times, as in this case, it

-. may become. re-canalized. The surrounding tissues also

show signs of fibratic-infiltration.

Q. How long does it take to get i in this condition, where

you can ascertain it by microscopical examination?

‘< ' A. How long doesittake? . o

Q. Yes; how soon does it develop?

A. If we could take a portion of a blood vessel while the

patient still had his leg, we probably would find it as we ffid

. physical sciencg, but usually it’s only after the amputation

fn \ that we see that picture. -

* @. There are a great many people who have written about

Buerger’s disease. -

A. Well, I suppose there are. |

- ° Q. Are these the only two cases that you know of where

the. doctors have stated that in their opinion it” may be

traumatic? 2 :

g[fol. 87]’ A, Dr. Buerger, i in his own ioe, s Socthes the

case in w ‘apparently the disease came on after ani in

jury. _He-describes one case. -

Q. Does he’ eay that the injury was the cause of it? ae

A. He says, ‘following a trauma the atropic ulcer resulted.

, Rene om he express aii opinion as to ‘whether or

‘

Pitinmse i. s

A. He expresses an opinion as td the direct word ‘*incit-

ing’’, but.these other two references, which are based on two

other cases, I think are suffciently convincing for one to.

reach that conclusion. = =_* aP.:

Q. But I think you will agree with me that there are a

great many of them that state to the contrary?

A. I have never seen any articles to the contrary.

Q. You have not? Lt oe.

A. No, sir. . a 4 be

Q. Doctor, is that one of the abstracts that you base your

opinion on (indicating) ? |

A. Itis. py ;

Q. That is what you used as anjabstract from the clinical

recotd at the Baltimore Marine Hospital in February, 1935,

is it? : .

A. That’s right. . ee

Q. And that was the first one that was given to you?

A. Yes, sir. |

Q. And did the diagnosis of ringworm ‘+have anything to

do with your opinion that it was Buerger ’s disease? ;

A. I disagreed with the diagnosis of ringworm. .

Q: How could you when you were not there, and this was

, all you had?

A. Because the only recognized method of making a diag-

nosis of ringworm is to take a scraping and examine it un-

derneath the microscope, which will show the characteristic

fungus. - : ,

‘[fol. 88] Q. Do you know if they did that? .

A. There is nothing in that report.

Q. There is nothing to show that they didn’t do it. ;

_ A! There is nothing to show that they did do-it. Iam —

entitled to my opinion: that, in my opinion, ringworm was

probably a mistaken diagnosis.

Q, You say that.as a matter of fact?

A. That.is an opinion of my own. BBY PAE

Q. Yet you didn’t see thesman until a year after this?

KB, Bigh

t. ; :

? And also found the diagnosis of pyorrhea?

A. That’s right. — Bei AS TL ede eater

-Q. As having to do with Buerger’s disease 1*"

_Q. Might: pyorrhea: go with Buerger’s disease, running .

along with it? east | +4 y. avleles x

' A. [have no record of that.

BME st ie

Q. You have no record of that?

A. Of pyorrhea inciting Buerger’s disease in ~ litera-

ture.

a. Q. Ofcourse, at the time you saw him, his teeth weet all out,

i ' weren’t they? °

* A. Apparently.

Q. Does Buerger’s disease affect the teeth?

A. Not ds far as I can get any information on it.

Q. So, you don’t know whether this diagnosis is right or

wrong, either, i is that right?

A. Iam not questioning the diagnosis of ‘the condition of

his teeth. I am — questioning the diagnosis of ring-

. Worm.

= Q. This also itaten with respect to the condition of the

patient on admission, ‘‘Patient complained of inflammatory

lesion between fourth and fifth right toes.’’ Did you base

[fol. 89] you- opinion on that, as part of Ahe history of the

case!

A. I did. In fact, I thought that’s what he had, was an

_ inflammatory lesion, which was mistakenly called ring-

worm. Inflammatory lesion is not necessarily ringworm.

Q. So that you thonght, did you, that on February 11,

1935, what he had was an inflammatory lesion between the

fourth and fifth right toes, is that it?

A. That’s right.

Q.: ‘Did you also at that ding examine and base your

opinion on a copy, what appears te be or purports to be a

copy of an abstract of a clinical record at the Gorgas Hoss

ar waa Heights? |

I did.

o You didt x

A. Yes, sir. a

Q. And I note that on that sbetinck it gives as. the ieee:

ii sis ‘‘osteomyelitis chronic proximal phalange right fifth

7 - toe with draining sinus.’’ Now, did you decide after exam-

a ining him that it was chronic—that act also was a wrong

4 diagnosis?

A. No, sir; I believe that was a proper diagnosis.

- Q. That it was chronic osteomyelitis?

A. Chronic osteomyelitis means infection of the bone, and

I believe what they saw there was an infection of that toe

- which involved not only the soft tissues but also the bone.

no | ee at,

Q. But, in forming your opinion, did you bese it.on the

diagnosis of chronic osteomyelitis or on your opinion that

that was a wrong diagnosis? ; :

[fol.90] A. I said nothing about it being a wrong diagno-

sis. I said the diagnosis was correct as far as the informa-

tion they had at that time. mak

Q. Did you assume, then, it was chronic?

A. I don’t know how chronic it could be. Iam just taking

their word, that they thought it probably existed for some

time, but how long I don’t know. Anything that may run

after a few days can be called ‘‘chronic.’’

Q. Now, did you also note that the history of the illness

or accident as elicited from the patient states that about

February 25th, 1935, the right foot became sore, painful

toes, and skin between fourth toe and little toe cracked;

three days before admission to. hospital right foot became

swollen and very painful. Did you note that? —

A. Inotedthat.

_Q. And did you base your opinion on that?

A. I based my opinion on that and on the history that the

patient gave me. ;

Q. More on this history than on the history he gave you?

A. I will say, in combination. I didn’t know which was the

more important.

Q. Did you also note that the Gorgas Hospital abstract

stated, condition of patient upon discharge May 4, 1935, has _

‘improved, able to work in thirty days?

A. I did. : : ars

- Q, And did you base your opinion at all on that?

A. Opinion of what? 3 :

Q. On their statement that on May 4th he was improved

would be able to work in thirty days—that would be

earlyinJune? . + ee ee

[fol. 91] A. I based no opinion as to prognosis. Subse-

“quently the history showed otherwise.

Q. And did you also at that time examine an abstract or

what purported to be an abstract from the clinical record

-19, 19369

_ A. I did. Aras 8 Oe aes

Q. Did you base your opinion in part on that?

“de 2 did... o- : | |

at the Ellis Island Marine Hospital, which is dated March

wate

it ue

Ta Ey

i 2

ewe

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1 Sin

ee iit

oS ra “i

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4 t

pte

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Q. Did you note that that abstract stated that on August

7, 1935, the patient’s condition was improved?

A. It says ‘‘unimproved.’’

Q. Iamsorry. Unimproved. Thrombo angiitis obliterans

is Buerger’s disease? :

A. Yes.

Q. And that is the first evidence from these records,

clinical records, that you found of Buerger’s disease, is it?

A. That’s right—yes.

Q. And the date of that was August 7th, I suppose, 1935!

A. From the history, I can’t tell when that diagnosis was

made.

Q. So, did you base it more on this one that you did on the

ones from the Gorgas Hospital and the one — the Balti-

more Marine Hospital?

A. I based it mostly on the record from Stapleton -

partially on this report here (indicating).

Q. But you stated on your direct examination that in

formed an opinion that the Buerger’s disease ‘became appar-

ent at Ellis Island.

A. That’s ri rht.

Q. And you based that particularly on this abstract from

Ellis Island (indicating) ?

[fol.92] A. That’s right.

Q. Now, did you also examine what purports to be an

abstract from the clinical record at the Marine Hospital,

Staten Island, New York, which is dated March 27, 1936?

A. That’s right. -

Q. And in doing that did you note that the condition of

the patient upon admission as stated here: ‘This patient

states that in February, 1935, he reported to the Marine

Hospital, Philadelphia, with a small crack in base of the

little toe, crack increased in size, and in March webbing ©

split between fourth and fifth toee”™—did you notice that?

A. That’s right.

Q. And did you base your orate in part on os

A. I did.

Mr. Freedman: 5 ssh aeniAd 46 wihbe AN bn means “s

when he says ‘‘your opinion ?’” Just exactly. what does

counsel mean by ‘‘your opinion’’—opinion of what?

Mr. Bull: The witness has answered. He kiows.

( Adjourned until uatseate June. ” 1936, at 10:00 0 ‘clock

a.m.)

Cuaries W. Tayzor, Libellant, % .

eyes , De

Catmaz Sreamsuip Company, Respondent

(Trial of cause resumed. at ten o’clock a. m., Tuesday,

June 16th, 1936, in the presence of the Court and counsel for

the respective parties. ) 4 ‘

[fol. 93] CHaries W. Tay tor, resumed.

By Mr. Bull: ¢

Q. Mr. Taylor, were you just going on watch on the after-

noon that you say the lights went.out?

A. Yes, sir.

Q. And when you first went down into the engine room,

what time was.that, was that before or after four?

A. I-was suppdsed to take over my duties to start at

four o’clock.

Q. You went in the engine room at four?

A. That’s when I went on watch.

Q. What did you do in the engine room before. going. into

the fire room or the boiler room?

A. I had the pumps to oil, I had to take care of the water

in the boiler. |

Q. That was done in -the engine room before you went

into the boiler room? 3

he ee... 3

Q. How long did that take you?

A. About three or four minutes.

Q. Three or four minutes?. _/ |

A. Yes, sir. tt

Q. What were you going to do in the boiler room? ‘

A: Thad duties to perform in there, I got to take care of

the steam, keep the fires going, and I have got to change the

. burners, clean the burners.

Q. Was there anyone else in the engine room at the time

you were there?

A. No, sir,

Q. Wasn't there siiriwide: there from the prior ail

when you went down jn the engine room!

[fol. o4] A. No, sir

Q. Was there anybody in the boiler r room?

A. ~~ sir. |

Q. Were you en watch alone?

A. Yes, sir.

Q. How far is it from the engine room to the boiler room?

A. I never measured it, but I judge it would be between. .

fifteen and twenty-five feet, that’s just the Pte of: the

‘boilers. ©

i A. You have got to go through a companionway, you have

fae got to duck your head and go down through a door there

i back of the boilers, before you can get in nermen the boilers,

before you enter the boiler room.

'Q. The door is in the bulkhead, is it? : Sad

A. Yes, sir. « , sal

Q.. Then you go between the boilers for the length of the

boilers, is that right?

A. Yes, sir.

Q. The boilers, however, ; are all in the boiler room?

~ A. Well, there’s a part runs from the boiler room, and

“the back end of them where the water glasses are is in ‘the:

‘ engine room.

fy 4 Q. Do you say it’s about twenty-five feet from this door

in the front of the boilers?

_ A. I eouldn’t say exactly.

Q. No, about.

A. I would say between fifteen and twenty-five feet. .

2. That’s from the door to the front of the boilers?

A. From the time you go down the steps to leave from

the engine room into the boiler room, it’s somewheres in

_ between fifteen and twenty-five feet, to the best of my

a _ [fol. 95] knowledge, I never measured it. :

al Q. And the steps you speak of, are they at the door? __

bat A. You go down the steps, and then you turn to your

ABE "right to go into the door, there’s about five or six steps.

fe Q. Could: you make a Blagratend ust make it from your

53 ~~ srecollection. |

se I ‘ A. Iam not a very good pies.

. | | er (The witness, draws a diagram.) | : ee

ar ist: -Q. Will you put the letter ““E”’ where he eneinogoon is

3 There? :

A. (The witness complies.)

Q And the letter ‘‘B’’ where the boiler room ist

a Cine witness cameleon : Wee

ees SSPE

> : ‘ “> - in 2

Se A ae:

press

EN peste 2

~ satan chad

cage

= CRE Pera eo” BRS om ae)

Ss art aot oe a a ee

penser db Patty mpeniniralio tbe tied hee mick me nine ak he

Si Tingowcenteeam ors

Sree Vet eae

ne Peeaarare

aos ore

'- .Q, And I see you have three things here, what are these,

* boilers t i

A. Yes, sir

Q. Will you mark those with an ‘‘X’’?

A. (The witness complies’)

Q. And is this what you refer to as that abana’

A. Yes. } }

Q. Will you mark that ‘ope

» A: (The witness complies.) ~

Q. And where is the door on there?

A. Right here (indicating). :

_.. Q. Will you-just mark that slanting mark there and aa a

“D’? right over it?

A. (The witness complies.)

Q. New, will you. mark on there where you say the re-

tarders were? .

A. Right in front here (indicating).

[fol. 96] Q. That is that uneven line you have drawn there

in front of one of the,boilers?

A. Yes.

Q. Will you mark an ‘‘R’’ on that?

A. (The witness complies. ) .

,Q. And they were all right there?

A. Yes, sir.

Q. You said I think: before that the + tere. that this -

passageway was the length of the boilers, and on this dia-

gram you don’t show the boilers as long as the passageway,

is that right? E

A. I can’t draw. These boilers ran all the way through

here like that (indicating), and the water glasses show up

in here all the way through.

Q. So where you marked the at was my the front of

. the boilers?

A. The front of the boilers. | ;

Q: And the size of the passageway is the size of the

boilers?

he Yese.

) Qo that the lines you put down should not be there,

are they one, these two lines?

See. This is like a platform, we walk on the platform.

le Remain Side a oP re

| ; inta'the boiler room at this timet

He Reser the engine rom

a me

Ste) pie)

me Moor b3y"

: i oe

ee ee be ee OEE a? OT eRe sits = wy Yor re 4 Soe . wT: aS ot De RIINSGF

= Sein ety eat gh abe penn ponents Sy ae oes ah os ~ 23 sree seat 3 s:

. acsearle past ieee tsar

A. I should just say a few seconds, just wears I entered

the boiler room.

Q. Where were you when you say the lights. flickered!

A. Just about to enéer the boiler room. —

[fol.97] Q. That is at the back of the boilers?

A. At the boiler room, just at the entrance. .

Q. Do von mean at beginning of that passageway,

which you have marked with the letter ‘‘P’’?

A. No, sir, right here (indicating). This is the entrance |

in the boiler room. You have got to come in here, you turn

around and look that way to see how- your steam is, your

gauges is all there, and your pumps is over here. Your oil

heater is over here, and your ves mance valves is all over

here. .

Q. The boilers are almost all in the boiler room, aren’t

they?

_ A. Just the front of them.

Q. Just the front?

A.- And the whole boiler room is all over = that’ 8 the

fire room.

Q. This passageway is really in the boiler room, isn’t it,

rather than in the engine room? -

A. It starte from the engine room, you have got to come

through in between the boilers to get into the boiler room.

Q. You say you were just about at the front of the boilers,

_ _at the end of the passageway when the lights flickered?

A. Yes, sir, just as I was entering in here to complete my

duties in the fire hole, the lights flickered and went out. .

Q. Had you stepped in here in front of the boilers, « or

were you back of the front of the boilers:

Mr. Freedman: I ask counsel to make some identification

on the sketch there, when he says ‘‘in here’’.

The.Court: What was the question? ) Roe

(Question repeated.) LS

of boilers, or

[fol. 98] .Q. Had you stepped in front

were you back of, the front of the boilers ¢t the time you

saw the lights flicker?

A. I was just about to enter the boiler room when the

lights flickered and went out.

Q. Were you one step or two steps or three steps back!

A. To the best of my recollection I was just stepping in

the boiler room when the lights flickered and went out, and

Q. When they did go out did you take any more steps?

A. One 6r two when I stumbled. .

Q. You took one or two steps after that?

A. Yes. :

- Q. Did you take those one or two steps to your right or to

your left or straight ahead?

A. To my. left. ,

Q. You were going to look at the gauges, were you?

A. Absolutely, yes, sir. 3

Q. You didn’t think you could see the gauges in the dark,

did you? — :

A. It happened so quick that I couldn’t stop myself.

Q. Did you slow up any when the lights went out and you.

took those two or three steps /

A. I stumbled. *

Q. You said you took two or three steps after the lights

went out. - :

Mr. Freedman: He didn’t say that.

Q. How many steps did you take?

A. One or two steps. :

Q. Did you slacken your pace when you took the ore or

~~ two steps after the lights went out?

[fol. 99] A.-I stumbled over the retarders, the lights just

flickered and went out. When I stumbled I couldn’t stop *

_ myself, it happened so quick, and it was a surprise to me,

I didn’t know what happened just-for the minute. |

Q. You didn’t see any retarders there at that time,.did

you, it was dark? oe

A. I couldn’t, the lights was out. :

Q. It was dark, was it? , °

A. Absolutely. ; 7

Q. Had you seen any there before the lights went out?

A. I couldn’t see when I am entering the boiler room, I

couldn’t see left of the passage. =

Q. So you were not up far enough to see when the lights

went out? Paflaig esate

A. I am just entering the boiler room. se

Q. Iam trying to find out where you were, whether you

aw, or wherever you were, you couldn’t see before the

lights went out? = CIEE SS |

—. “Before the lights went out Icouldsee.

Q. You could see where those retarders were? hae

A. No, sir, because they are at the left. ‘You only can

a a Bue

2 “ ¥ : APB:

, gi me Eee

. Ge ae ae

° . > ’ ; ae ,

3 fs

‘

;

x otinioe. SSR Ge ae heey

see in front of the entrance, you cannot see to the left of

them boilers or the right, you cannot see even a gauge.

Q. What was it that obstructed your vision? :

A. The boilers on both sides of me.,

Q. What was on both sides?

A. The boilers. 3 meray ETE

Q. And that obstructed your vision except straight ahead

of you, is that it? Y

ae ie GS 3 .

[fol. 100] _Q. So that you had to turn to the left par pat in

front of these boilers to get-over to where you say the. re.

tarders were, is that it?

A..No, sir, they are right in front of the passageway at

the entrance to my left, right in my road. ° . 3

Q. Why couldn’t you see them? |

A. I say, the lights went out. .

Q. I know, but the lights were not out all the time you

were walking through the passageway. $

A. Just as I am entering the boiler room the lights °

flickered: and went out, and I couldn’t stop myself, it hap-

pened so quick. |

Q. You testified a minute ago. that these were in front

- of one of the boilers, and you couldn’t sée them because of i

the boilers, that you went in and you turned to your left

and took a coupleof steps before you came to. them, is that

right, or isn’t it? ~ ree Sik ee tes ;

A. Just as I am entering the boiler room, when I am

entering and just about to turn into the boiler room the

lights flickered and went out. The first thing I got to do

_when I come on watch is to take my record of how fnuch oil.

Q. What I am trying to find out is why you did not see |

these before the lights went out. Pk :

Mr. Freedman: The witness has alregfly answered that

about three times. : } }

Mr. Bull: Three different ‘stories. ‘

Mr. Freedman: I,beg to differ, I think he answered -the

same-way every time. — a :

Mr. Bull: I wonld like to find out what this man really

] . +5. . te P . ’ ‘ ,

[fol 101], The Court: I don’t understand. that there is

any question raised, no more than counsel made.a comment,

that’s all. If you ‘want to object,.or make a. motion, ‘or

anything, all right, but there is nothing before the Court. —

¢. :: 2 13 }

- Mr. Freedman : I don’t want to clutter up the record with

objections, I will withdraw’ my objection.

The Court: I didn’t understand you were making any ~

objection. | es : :

“Mr. Freedman: I was not, but your Honor made a com- .

ment, but I do object to counsel’s repetition questioning:

The Court: I will overrule. the objection, and give the

libellant an exception, because ¥ will not interfere with the

conduct of cross-examination.~ I take it for granted that

_ counsel will not consume unnecessary time.

(Exception noted for libellant.) |

Mr. Bull: Will you repeat the question? — ; me

_ (Question repeated.) . : 3

—K. When I am in between the boilers, I only can see just

about the width of my arm like that (indicating), and the

boilers, they are along there, maybe fifteen or twenty-five

' feet long, and they are about, I would say, maybe twenty or

_ twenty-five feet-in diameter, and there’s nothing ahead of

me only this little passageway, compahionway, and you

. have got to look straight ahead, and when you get to the |

end of it then you turn into the boiler room and then you

can see. rs "i; a.

- By Mr. Wolff: |

Q. To the left? |

A. To the left.or right.

_ Q. You turned to the left?

A. I turned to the left.

[fol. 102] By Mr. Bull: pie

Q. You say the lights went out before you turned to the

left, though? - bi

_ A. Yes, just as I am entering the boiler room the lights.

’ flickered and went out,.and that’s when I stumbled.” - ie

-Q. Will you answer the question’. Did the lights go out La

. before you turned or after you turned to the left?

|, Just as I am turning to the left the lights flickered

| _: #-Q 4m other words, you were just waiting there to turn?

1 Side going te eo: Les ete Acgocat bee

A. Iam just about to efter the boiler room.

-'Q.-Then you had not turned, is that it?

A. Just entering into the boiler room when I stumbled.

The Court: I suggest to counsel that that is argumenta-

tive cross-examination without end, and when you get into

_ controversy of that kind you can——

* Mr. Bull: I am trying to find out where he stood, he

..has said two or three things here.

‘The Court: I appreciate precisely what it is you are

seeking to do,

Mr. Bull: If I could only find out what is the fact, that

is all I want, -

The Court: I think he has told you as clearly as you can

- ever expect to get it.

‘Mr. Bull: I don’t anes what itis then. ~

[fol. 103] The Court: You asked him whether he could

see before the lights went out.” Of course, he could see

if there was a light there.

Mr. Bull: The retarders. | 3

The Court: You didn’t ask him that. ‘He siheiea that

was in your question, and he said that he couldn’t see,

because the-boilers were on either side and obstructed his .

view, that it was only a narrow lane, and just as he was

entering at the point where he could have seen this obstruc-

tion, the lights, as he used to express it at least a half a

dozen times, flickered and went out, and he couldn’t see.

“The thing was sudden and unexpected, he couldn’t stop

himself, and he went on and stumbled over this obstruction.

‘You could question him for a es haved you would not get

any further than that.

Mr. Bull: I will offer his deawinice

_ (Receiyed and marked Exhibit R-2.)

Mr. Freedman: -I would like to put on that drawing one

“more identification. :

, BY Mr? Freedman: ent

Q “Will you mark on here, Mr. Taylor; apnice the entrance

to the boiler réom is? :

A. Here the entrance, this is the engine room, ond you

come through here, and you have got to come in here to

look back at the boilers, you walk in this way and you. look

back.

| @

. Q. Just point out, Mr. Taylor, where the entrance to the,

boiler room ish ~*~ :

A. Right here. | |

Q. Mark that ‘‘Y”". - or

A. (The witness marks it ‘‘E’’.) ‘‘H’’?

Q. No, you have an ‘*’? here, mark it ‘*Y’’.

[fol. 104] “A. (The witness erases the ‘‘E’’ and inserts \

an 6é S hie | - a “ ,

Q. When did you leave-the Marine Hospitalt /

A. October 3rd; to return to the Out-Patient Depart-

ment. Sn heer

Q. You left as an in-patient on October 3rd? "h

A. Yes, sir. Giles wo

Q. That was at Stapleton?

A. Yes, sir. e\- :

Q. Did you see those retarders when they were taken out?

A. No, sir. ie Diet

Q. Who is.the owner of the Allomar, the vessel you re-

turned to New York on? :

A. Calmar Steamship Company. | rote

Q. Who was it arranged for your passage othe Allomar? \

A. Mr. Stapleton, the man that represents the Calmar ~

Agency in Panama. ) : ,

Q. Why didp’t you ask to be relieved of your watches

on your trip from Philadelphia to the Canal Zone?

Mr. Bull: I object to that. eee °

The Court: Will you repeat the question?

( Question repeated.) ’

The Court: I don’t see that logically and strictly speaking ~

we are interested in his motives. Anyone could surmise

what the answer was. He said he wanted to hold his job, .

and he repeatédly told them he wasn’t trying to soldier

onthe job.

_ Q. Mr. Taylor, when you were in the Baltimore Marine

_ Hospital, you testified you went to thé Baltimore Marine -

Hospital, and also the Philadelphia Marine Hospital, did

they scrape your toes or your bones there? -

A. No, sir, they just examined them and gave me this vi sh

little bottle ofmedicine. = 3 Haier |

[fol. 105] Mr. Freedman: That’s all. > | : an

Mr. Bull: That’s all. ' pias he Bei

oe ea oap

BRS thee Ate ee

SI A

Maurice SELTzeER, recalled.

By Mr. Freedman :

My Q. There was some discussion om yesterday about ring- ~

ia worm. Will you describe what the nature of ringworm ist

‘ * Mr. Bull: I object to pst, there’s no claim he had ring-

worm here.

Mr. Freedman: Counsel end an exhaustive examination

yesterday on the question of ringworm, and the fact that

' the statement of ringwqrm appeared in one of the reports,

I want to explain to the Court just what the nature of ring-

te worm is, and what effect it may have had on this man’s

condition. .

The Court: Is it objected to?

Mr. Bull: Yes, I think it’s going too far.

The Court: Overruled, and an exception will be noted for

the respondent.

(Exception. noted for respondent. )

' A. Ringworm is a -fungus disease of the skin. It is

usually superficial, and practically the only symptom is

itching and redness between the toes, if it is present in

the toes.

Q. Is there any pain?

A. No pain attached to ringworm,

Q. Has ringworm ever caused any serious complication?

A. In my opinion ringworm never causes any serious

complication. :

Q. Is it very common?

A. Ringworm is extremely common, it is present in sae

80% of all people.

[fol. 106] Q. In your opinion, Doctor, can ringworm cause

Berger’s disease?

A. In my opinion it can never cause ane 8 disease.

It is also the opinion of others to that effect.

: is By Mr. Bull:

gic Q. You have testified you didn rm think nee man had ring-

Bi worm?

: i A. The question I took to mean was whether it’s in the

es - nature of ringworm.

ie. Q. You have testified that you didn’t. believe that he

ever had ringworm? -

a fo

‘A. I testified yesterday I thought the report was not

corroborated as it should be.

Q. And you didn’t think he had ringworm?

A. I didn’t think he had it. —

By the Court:

Q. You meant you didn’t think he had it, or you were not

satisfied by the evidence before you that-he did have it?

A. That’s all, I was: not satisfied by the evidence that

he did have ringworm at that time. I believe the evidence

should have been more scientific. |

The Court: Is that all?

By Mr. Bull:

_ Q. Doctor, I take it from all of your testimony, both

yesterday and today, that your opinion with respect to Tay-

lor’s condition is based entirely upon the reports that you

read from the hospitals, and your talk with Taylor, is :

that it? 3

Mr. Freedman: I object to the question as, not proper

recross-examination. This was all gone over on Cross-

examination, and the only thing upon which counsel can re-

[fol. 107] cross-examine him is the question of ringworm,

which is thé thing that we confined ourselves exclusively

to on redirect. :

_, The Court: Strictly that is true, but counsel is at liberty

to ask anything while the witness is on the stand, that may

be relevant ‘and allowable. I call counsel’s attention to

the fact that I don’t think he had completed his question.

As I understand it, the question was whether the opinion

was based on the records submitted to him, and the history

of the case, is that right? —

. The Witness: That’s right.

Mr. Bull: As given to him by Taylor.

The Court: Now will you repeat the question?

- {Question repeated.) a: :

The Court: That’s right, he may answer that.

¢ A. In arriving at any medical diagnosis——

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By the Court:

Q. Is your opinion based upon all this evidence “which”

- counsel has summed up in the question? |

A. My opinion is based upon the hospital records and

Taylor’s history as given to me.

By Mr. Bull:

Q. By Taylor?

A. By Taylor and by examination of Taylor.

A. In March and April, 1936.

Q. In doing that you had to decide the Baltimore Marine

Hospital record was wrong; didn’t you, the diagnosis? ~

A. In forming your opinion, however, you determined

yourself in your own mind that the Baltimore Hospital

diagnosis was wrong?

- [fol. 108] A. Just the part relating to the ringworm .

thought was insufficient for me to agree with.

Q. And also the same with the Gorgas Hospital?

A. No, I agreed with the Gorgas Hospital report.

Q. You did? :

A. I did.

Q. You didn’t have any way of Ustermining whether they

were right or wrong, did you?

A. Ihave no way.

Q. There wasn’t anything in any of these. hospital records

that indicated or advised you of a traumatic injury, was

there, in any of the hospital records that you examined? —

A. I don’t remember now.

Q. Will you look at them and tell us?

A. I will look at them. I see no mention _— here of

an injury sustained. —

Mr. Bull: That’s all.

By Mr. Freedman:

Q. I call your attention to the Marine Hospital report

from Baltimore, part which reads as follows: ‘‘Patient

complained of inflam-atory lesion between fourth and fifth —

right toes.’’ Is that an indication or possible indication

of trauma?

A. The word ‘tinflammatory’’ itself actually means a

condition characterized by pain, slight redness and swelling,

Sh eames

and certainly an injury would produce a lesion similar +

to that. ~~ ee 33 — st

Mr. Freedman: That’s all.

By Mr. Bull:

Q. That may be caused by anything else, too, it doesn’t

indicate trauma?

A. Not necessarily, the lesion there might be some skin

[fol. 109] disease, or maybe some other trouble, such as——

Q. It could be any one:of a number of things?

A. Any other disease to that part. }

By Mr. Freeman:

Q. But it can, however, be trauma?

A. It can be trauma.

James Kay, sworn.

~ By Mr. Freedman:

Q. What is your address, Dr. Kay?

A. 600 West Olney Avenue.

Q. You are a practicing physician in the City of Phila-

delphia? pest: |

bee Lote, by tia.

Q. How long have you been in practice?

A. Since 1917. . |

- Q. From what schools. did you graduate, Doctor ?

_ -A. Jefferson Medical College. _ :

Q. What affiliations as a physician have you had, or do

you now have? | .

A. After leaving Jefferson I served an internship at the

Episcopal Hospital, Abington Hospital also, and now I

am chief of Medical Division ‘‘A’’ at the Episcopal

Hospital, associate professor of medicine at Temple Uni-

versity and consulting physician to Kensington Hospital

for Women, that’s all.

Q. Do you specialize in any particular branch of medicine —

and surgery? — |

A. Internal medicine.

[fol. 110] Q. Did-you examine Charles W. Taylor, the

libellant in this case? - ‘

A. Yes.

Q. When and where did you make such examination,

Doctor?

A. I examined him April .10th, 1936, at my office.

Q: Did he give ‘you a history there?

A. I obtained a history from him,’yes. . *

Q. Have you read the abstracts from the clinical records

of this man?

A. Yes.

Q. From your reading of those reports and your own

examination and the history of the case, as given to you by

ber what is your conclusion as to his medical diagnosis? ~

bias . That he has Berger’s disease.

o Will you briefly describe the nature and symptoms of

Berger’s disease, Doctor?

_ A. Well, Berger’s disease is an inflammation of blood

vessels, and accompanying that inflammatory process there

is clotting of blood in the vessels, usually artery and veins

are both involved, and that accompanying clotting results -

in an obstruction to the flow of blood through these vessels,

that results in a group of signs-and symptoms that might

be briefly described. As far as the symptoms are concerned,

the patient’ s chief complaint is pain in which ever ex-

tremity is involved, coldness of the extremity, they have

sensory changes characterized by burning tenderness of the

affected part, they may be present, and those are the out-

standing symptoms. As far as signs are concerned, one

determines by the tactile sense that the extremity is very

cold, is generally very pallid, if the patient is lying in a

horizontal position, in the supine position, and if the

[fol. 111] affected limb is held dependent generally there

is a decided redness of the part. Often ulceration is ob-

served, fissuring of the webs between the toes. There are

changes in the nails, characterized by brittleness, the

affected part is very prone to a development of hardening

of the skin, and so-called calluses. Much may be said about

it, but I presume that answers your question.

'Q. I just wanted a brief description, I think that is

sufficient. What is the cause of Berger’s disease?

A. There’s no known cause, of course... -

- Q. In your opinion, can trauma act as a eetiatiatinn

agent in Berger’s disease? 3

A. As I say, there is no known cause for Berger’s disease,

and the question as put is just a little bit ambiguous. I

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think that injury may precipitate the trend of events that

would lead to the diagnosis of Berger’s disease, but as far

as. precipitating the disease is concerned, as I have said,

there is no known cause for it, and, therefore, when one

makes that statement, to make the statement that injury

would cause it is contradictory. I think an injury ean

precipitate the trend of events leading to the diagnosis of

Berger’s disease, but it is not recognized as a cause, of

- gourse. I think that injury can precipitate a trend of events

that would lead to the diagnosis of Berger’s disease. It

could not be put down as a cause, of course.

Q. Doctor, when in your opinion did Berger’s disease

first become clinically recognizable in Taylor?

A. Well, I would say after the injury a careful examina-

tion would, it seems to me, have yielded information that

would have with justification resulted in the diagnosis of

Berger’s disease. |

[fol. 112] Q. In your opinion, Doctor, is Taylor cured of

Berger’s disease? | ee

A. No, it’s an incurable affection.

Q. Will Taylor require further medical care, in the

future? !

“A. I think, of course, for the rest of his life, natural life.

Q. Are relapses common in Berger’s disease?

A. Exxacerbations are common. After the disease has

first manifested itself, of course, cure never results. It

may remain dormant for a long period sometimes, and very

«short ones, but during the course of the disease at some ,

time acute exacerbations occur, the process flares up.

_ Q. What, in your opinion, would be the result of a further"

relapse, Doctor? : ,

A. The likely thing is further amputation.

Q: Could it prove fatal? fe

A. These cases eventually are fatal, of course, yes.

Q. Should‘a relapse occur, will Taylor need specialized

- care? :

A. Of course, yes. —

_ Q. What sort of care would he need, Doctor? Si

A. Well, of course, it depends_upon the severity of the

relapse. Home care might be adequate, but generally they

d to be hospitalized again. The description of that care,

of bourse, is long and rather intricate, depending upon the

diyoumstances attending the case. ;

6—2003

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Q. Can you give us a description of the. pain which

accompanies Berger’s disease?

A. Well, it’s the mony, one of the most severe of all pains,

of course.

Q. Doctor, Taylor testified on Sree examination yester-

day that a little crack appeared in the stump of his foot

[fol. 113] yesterday morning. In your opinion, Doctor,

what would be the significance of this crack?

A. Well, that would be in my rigors an acute flare-up

of the process. | ,

. Q.. Leading to a relapse? —

A. Well that would be a relapse if you want to call it

that. It would be an acute exacerbation.

Cross-examination.

By Mr. Bull: |

Q. Doctor, you stated that one of the ayeptme or signs

was ulcers showing up? ...

A. That’s one of the signs, yes, sir.

Q. How long does it take this to show up?

A. I don’t think there’s any, time particularly can be

assigned for such a manifestation. I think it would be

folly to specify a time, really, I don’t think one can.

Q. But the disease is present for some little time before it

gets to the stage where there’s an ulcer or festering or

anything of that kind; isn’t it?

A. Yes, sir, generally it’s a protracted affair but it may

be acute. In the vast majority of instances, of course, the .

case is protracted. During the acute manifestation, one

Q. Are they one of the final manifestations, ulcers?

A. A final manifestation from what standpoint?

Q. Of Berger’s disease?

A. We would expect ulcers, of course, late in the disease.

We expect it early, too, in-certain instances.

Q. When you. examined Taylor you didn’t find any

. manifestations, those had all been taken care of before?

{fol.114] A. Yes.

Q. And you based your opinion on what he told you, utd

on the medical reports which were submitted to a

A. Yes.

$3 :

Q. That included the one by the Baltimore Marine Hos-

pital, which had the diagnosis of ringworm, I think?

A. Yes. . ;

Q. What would ringworm look like, would that be a sort |

of ulcer or a festering or breaking of the skin?

A. Ringworm might be characterized by ulceration, yes. .

Mr. Bull: That’s all.

Mr. Freedman: No further questions.

: Rate W. Lowey, sworn.

By Mr. Freedman:

Q. What is your address, Doctor?

A. 1317 Hast Lycoming Street.

Q. You are a practicing physician in the City. of Phila-

delphia? : * .

A. Iam. : ,

Q. For how long, Doctor?

A. 10 years. ~ , beak

Q. From what schools did you graduate?

A. Jefferson Medical College, 1926.

Q. What affiliations as a physician have you had or do -

you now have, Doctor? “

A. Internship in St. Joseph’s Hospital, Philadelphia,

Chief resident, Frankford Hospital, Philadelphia. Assistant

surgeon, St. Joseph’s Hospital. Assistant surgeon, F'rank-

ford Hospital, and a fellow of the American College of

[fol. 115] Q. Do you specialize in any particular branch

- of medicine or surgery? - -

A. In surgery. i ae:

_Q. Have you examined Charles W. Taylor, the libellant

in this case? —«s—C(w |

‘A, Thave. :

Q. When and where did you make such examination?

A. T examined Mr. Taylor on the 6th of June, 1936, and

the 9th of June, 1936, at my office. Se eee 3

_ « Q: Did he give you a complete history, Doctor?

A. He did. Ween aT :

. Q. Have you read the medical reports in this case?

A. I have. Bae iatver 3 ae jae:

a een = oie run | a

examination, and the history of the case, what i is your con- —

clusion as to his medical diagnosis? »

A. My conclusion is that he is now a victim of Berger’s

disease.

Q. Upon what do you base your conclusion, Doctor?

A. Upon the history of his case, and upon the records i in

the pathologic section.

Q. When you say pathologic section, what do you mean,

Doctor?

A. The examination of the -vessel, which was removed

from the amputation which Mr. Taylor suffered.

_Q. Do you know where that was done? |

A. That was done at the aiaiasiu Marine Hospital, New

Te:

Q. Can you briefly give us a description of Berger’ 8 dis-

ease, Doctor?

A. Berger’s disease may assume one of two forms, it may

assume the chronic form or the acute form. In the chronic

form it is usually preceded, it is usually preceded by inter-

[fol. 116] mittent pain in the legs or feet, very often dis-

coloration, with change in color of the feet, toes, legs or

feet, very. often discoloration, with change in color of the

feet, toes, legs, the oe ulcers tehes of dead

skin, gangrene. These I wo say-characte 2 the chronic

form. The acute form usually is at the onse

trauma, aninjury. From the time of the injury, the

of the acute form of Berger’s disease assumes a rapid

of events, and in that case the outstanding symptom is pain.

These cases usually have to have any number of amputa>

tions, minor amputations, until they eventually end in an

amputation, above which the blood supply is good.

Q. What is the cause of Berger’s disease, Doctor?

A. There is no agreement as to the cause, no one knows

the cause of it.

Q. Can trauma precipitate Berger’s deinen: in your

opinion? —

A. In my opinion trauma always precipitates erally

_ disease of the acute variety.

Q. Are there any authorities which may support your

view, Doctor?

A. I think most of the mithorities support the view of the

acute onset of Berger’s disease from trauma.

' Q, en, uf your \opinion, when did Berger’s disease

- first become clinically recognizable in Taylor?

A. Clinically recognizable?

Q. Yes, sir. erat pees

A. From the records, from. the records it was clinically

recognized at the Marine Hospital in Ellis Island,-at which

time they made a“diagnosis.of thrombo-angiitis-obliterans,

Berger’s disease ; but in my opinion it was simply a question

[fol. 117] of Berger’s disease not being though- of before

that time. From.the very inception of his trauma, and the

trend of eventsthat followed it, Berger’s disease might

_ have been Ahéught of. It is no reflection that it wasn’t, be-

_ cause it i not a very common disease.

By the Court: mae ae ae : .

Q. Doctor, had it been thought of, would there have been

any difference in the mode of treatment? _

A. Well, your Honor, there might have been some other

treatment attempted. I can’t say, of course, whether there.

would have been any difference in the outcome of the case,

because these treatments are all rather new. I rather think

that the eventual outcome would have been the same, that

he would have had an amputation. :

By Mr. Freedman: | :

Q. In your opinion, was the accident which Taylor states

he sustained, sufficient to precipitate the condition finally.

necessitating the amputation of his right leg?

7 The Court: Will you read that question?

- , (Question repeated.) ; :

- Mr. Bull: I abject to it. iiss 4

_ The Court: Overruled, and I will allow an exception to ~

- the respondent. Bat tues Teer

(Exception noted for respondent.)

Q. Will you answer. that, Doctor, please ee

A. Yes, I do believe that the accident is snfficient to ac-

count for the trend of events that followedit. ~ :

Q. In your opinion is Taylor cured of Berger’s disease

today? iA i Teen ape :

A. Absolutely not.

Q. Will he require any medical treatment in the future?

[fol. 118] A. He will require medical supervision for the

rest of his life.

_ Q. Are relapses common in Berger’s disease, Doctort

A. Yes, they are quite common.

Q. Do the authorities support your opinion?

A. Yes, they do. ‘ei

Q. What, in your opinion, would be the result of further

| relapses?

A. There may be several results. He may have beginning

ulcers in that stump of the amputated leg, due perhaps to

the further progression of the disease, and due to the trauma

of the artificial leg. He may have a beginning of gangrene

in the other leg, he may have it in the hands, he may lose

both legs, he may lose his hands, he any lose his life, that

may happen.

Q. In such event, Doctor, will he require specialized care?

A. Yes, I think he will,

Q. What sort of care would you say he would require?

A: He will require surgical care, and he will require some

attempt to prevent these evidences that I speak of, that

may happen, in the way of treatment by physio-therapy,

and other methods which we now have available, to try to

prevent the spread of the disease.

Q. Would you say he should be examined periodically for

the rest of his life, regardless of whether he shows any indi-

cations?

| A. I certainly would.

Q. Gan you describe the pain which accompanies Berger’s

disease, Doctor?

A. The pain at the very henfinine of the disease, before

there is any ulcers, is-usually what might be described as

stabbing, or lancinating, sufficient to make a person stop

[fol. 119] walking, if they are walking at the time, it usually

makes them bend down and take their shoe off, and rub the

leg and rub the foot, and from that: time on “it gradually

becomes. worse. With the appearance : of gangrene or ulcers

the pain becomes so severe in that case that they beg for

amDarelAe they don’t care what is done to relieve them

of this pain. Very often we give opiates, and very often

they have no effect.

Doctor, Taylor testified yesterday that when he got

up he saw a little crack on the sturhp of his right foot.

A. wan he got up —_ where? ,

Q. When he got up out of bed yesterday, when he was

taking a bath, or going to take a bath. In your opinion does

that crack have any significance?

- A. I think that’s a very foreboding symptom. I would

not like to see that. That could initiate another sequence

of eventsgsuch as he had, it might be the beginning of an-

other amputation higher up.

Q. Resulting in what might happen as you explained

before? hah tae

A.. Absolutely.

-Cross-examination.

By Mr. Bull: »

Q. Doctor, what do you mean by precipitate, you say that

Berger’s disease can be precipitated by trauma?

A. I mean that a man may have been clinically well pre-

ceding a certain trauma. He may have been suffering from

at least nothing that he complained of, or we could discern.

Following which trauma a course of events takes place, and

that’s what I would say I meant by precipitating it.

[fol. 120} _Q. You don’t mean that trauma caused the

“ Berger’s disease?

A ~

A. I don’t mean that it caused the Berger’s disease, but

I mean that it caused the succeeding trend of events, what-

ever they may be, and in this case it was Berger’s disease.

Q. There-are a number of kinds of trauma, aren’t there?

A. Very many. .

Q. And one of them is chemical, isn’t it?

A. That’s right. | 7

Q. And there are a number of kinds of chemicals, which.

would do as you say, start these succeeding events?

A. Quite true. 7 t

Q. You, in your examination of the reports, and your

discussion of this with Taylor, you were advised, were you,

that he had had on the 11th of February a crack or breaking

‘ between his little and fourth toes of his right foot?

Q. And that after that he had applied different kinds of

chemicals ‘and things to it? : .

A. No.

-Q. Different kinds of medicines to it?

A. No, the only note I have of that is that he was given

a simple remedy for local application. ee

Q. Do you know what the remedies were?

A. No, I do not.

Q. He was given different remedies, wasn’t he?

A. That I can’t say, all I know is he was given a simple

remedy for local application, and he received some dental

treatment, that’s all I know about that.

[fol. 121] Q. It’s possible then, isn’t it, that these treat-

ments could cause a trauma?

The Court: Cause what?

Mr. Bull: A chemical trauma.

A. If the chemicals used were severe enough, it was pos- |

_ sible.

Q. You don 7 know what was seen

A. I don’t know what they were.

Q. What authorities were you referring to when you

spoke of authorities on acute trauma?

A. Ican read them.to you right here. First of. all there’s

Berger’s book himself on circulatory diseases of the ex-

tremities. There’s an article by Barker, I believe, of the

Mayo Clinic, which appeared in’ the Journal of the Amer-

‘ican Medical Association, June 15th, 1935. There’s an arti-

cle. That’s the same article, also, by Barker. There’s an

article by L. S. McKittrick of the Massachusetts General

Hospital, which appeared in Annals of Burgery, September,

1935, page 345. They are the records that I have.

Q. There are a lot of other articles and treatines on

Berger’ s disease?

A. Yes,agreatmany. ,

Q. How about Brown?

‘A. Brown may have written about it, I don’t recall read-

ing his article.

Q. How about Allen? *

A. I don’t recall reading his article.

Q. Have you treated much Berger’s disease?

A. I have seen approximately fifteen cases of Berger’s

disease here, and I saw a great number in Scotland at the

_ University of Edinburgh.

[fol. 122] Q. Again I ask you, have you treated many

cases of Berger’s disease?

A. I treated fifteen here. .

Mr. Bull: That’s all. | hot ;

By Mr. Freedman: bone

Q. You noted, however, in your records, that before he

received or applied for. any treatment he had an inflam-

matory lesion of the last toe, of the small toe on his right

weet. ,

A. That’s right, that’s what he applied for treatment for.

By Mr. Bull:

Q. Where? eats |

A. He applied for treatment for the inflammatory lesion.

_Q. Where, Baltimore?

A. At the Marine Hospital in Baltimore.

Mr. Freedman: That’s all.

By Mr. Bull:

Q. That’s where you got your information about the

-. medication, is it?

A. Yes, sir. ae

Q. And were you also advised that at the Public Health

Service here in Philadelphia he was given some other medi-

. cation? . \ |

A. No, my notes state here that he only reported once at

the Philadelphia station, and I have no note here that he

was given any medication at that time. .

Q. Did you note that, and didn’t he tell you that he did?

A. I didn’t ask him whether he did.

Q. Your examination is based entirely on what he told

you, and what you saw in the reports?

A. Yes, sir. ee

| [fol. 123] Mr. Freedman: That’s all.

Mr. Freedman: I offer in evidence the abstract from

the clinical record of Charles W. Taylor from the United

States Marine Hospital in Baltimore, Maryland, and I ask

that it be marked libellant’s Exhibit No. 1.

(Received and so marked.) 7

_ Mr. Freedman: I offer in evidence the abstract from the

clinieal record of the Gorgas Hospital of Charles W. Tay-

lor, and ask that that be marked libellant’s Exhibit No. 2. .

(Received and so marked.)

. —_——_a

att

Mr. Freedman: I offer in evidence abstract from the

Marine Hospital in Ellis Island, and ask that that be marked

libellant’s Exhibit No. 3.

(Received and so marked.)

Mr. Freedman: I offer in evidence abstract from the

clinical record of Charles W. Taylor from the United States

Marine Hospital in Stapleton, New York, and ask that it

be marked libellant’s Exhibit No. 4.

(Received and so marked.)

Mr. Bull: I want to note an objection to these records

as not being properly proved. .

The Court: That will only require sending for a witness

from Baltimore to prove them.

Mr. Freedman: They are certified copies from the Marine

Hospital.

[fol. 124] ..The fous, You take your chances on that. You

have the responsibility, if the statute makes them eviden-

tiary, of course, they are evidentiary.

Mr. Freedman: I want the record to show that thess

copies are all certified copies from the various Marine

Hospitals.

The. Court: I want you to face the responsibility of the

act of Congress making these records, when certified, as

they have been, evidentiary. I haven’t the statute, but I

will overrule the objection, and give the respondent an

exception in each case.

(Exceptions noted for respondent.)

Mr. Freedman: I offer in evidence the depositions of

James Joseph Waarosson, taken in the office of Friedman,

Goldstein and Pechner, 1501 Franklin Trust Building, Phil-

adelphia, Pennsylvania, on Tuesday, May 12th, 1936, at two

o’clock P. M. This deposition is already filed. se

Mr. Bull: I want to object to the depositions as a whole,

because it is nine-tenths hearsay, and if he is going to offer

them as a whole then I will have to object to the admission.

Mr. Freedman: I offer it as a whole, and I ask counsel

to refer to what portions he objects to.

The Court: You must treat it as a deposition, and theo-

retically read it into the record precisely as if the witness

was on thé stand. Any part of the examination, whichever

eae

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side objects, they may object to it, and we will rule upon it '

precisely as if the witness was called here and was under

[fol. 125] cross-examination. The deposition is read into

evidence by counsel. Now read it, and when the other side

objects, the stenographer will enter the objection, and we

will rule. Go ahead.

Mr. Pechner :

“<Q, Mr. Waarosson, what is your age?

37.

And your occupation?

. Ship’s cook and steward.

How long have you followed that occupation?

. Seven years. 7

Did you ever serve on the steamship Losmar?

. Yes. |

. Do you remember when you joined her?

. I joined her—I was on her twice. I joined the Losmar

the first time August 14, 1931, when I was transferred to

another ship, and rejoined her again in August of 1934.

* Q. Were you a member of the crew of the Losmar on or

about February 11, 1935% ay

A, Yes. ee

Q. In what capacity?

A. In the capacity of a utility man.

Q. Where was the vessel at that time? ~

A. At Sparrow’s Point, Baltimore.

Q. Do you remember a man by the name of Charles W.

- Taylor?

A, Ido.

Q. Was he a member of the crew at that time?

A. Yes. 7 Be yar

Q. Do you remember what happened on or about Feb-

ruary 11, 1935?

[fol. 126] A. About that time, yes.

Q. .Tell us what happened?

A. Mr. Taylor came to me, to my room, and showed me

Mr. Wolff: I object to anything that Taylor said to him

at that time. Let him tell what he saw.’’ :

The Court: What he knows about the existence of the

obstruction he may testify to. What somebody else said to

him about an obstruction is objectionable, that’s pure hear-

>rOPOrOrPopP

‘ aened will sustain the objection and give the libellant an

exception, and strike out from the depositions: ‘‘The Wit-

ness (continuing): Mr. Taylor came to my room and showed

me his toe and asked me if I had anything to put on it,

and I told him no, and.I referred him to Captain Jim.

meyer, and Captain Jimmeyer wasn’t aboard, and I re-

ferred him to the steward. So the st

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