# Transcript of Record — Calmar SS Corp. v. Taylor > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386010_0313%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1938 - **Citation:** 303 U.S. 525 ## Text aa ; Y . : 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 © libellant’s requests: for- medical treatment, care and aidy 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, /—_ 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 ¥ 29 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. i+ 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. 30 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 a ? 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! i- 4 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 - wl ‘ 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. : 35 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 v 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? : : ' 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 61 ‘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 62 » 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? ‘ : ‘ “> - in 2 Se A ae: press EN peste 2 ~ satan chad cage f = 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 69 '- .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 70 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 ad 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 71 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 i H +. ‘ ; A 4 / x otinioe. SSR Ge ae heey Se = 72 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 Fe ee turning, had turned, © x > ¥ 74 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. se a 75 | @ . 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? o ( 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 76 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 97 ‘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—— hres The Court: Cannot you answer the‘ question yes or no? ne nese Z — ee : oon sam ee et ee ae te ee + 2 - RES La eR Ee Ge rik ‘ t ly &. q * ~* e Sy Shee si tedian: Sythe a ‘ ; Pee net ao at £ COS + Bie tN Se ee tae ¥ Phare : ; SG Shans MacieRStaT Ne RRMA TNR Reig St a. pene cat sie" gc aR ag Ek RR INE pele Sy «RCRA oT RHEE : Pal San GME ads? Se are 78 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. Q. In March, 1936? © 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? - ‘ 80 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 4 & é + gis of: ot G | | nae ai a af 3 i en ds ea 3 is Pk + i 7 ty) a is of i A 4 s fas 4 ie eae le all TIES , : Mheraes SRA ae ER et PS NS, 81 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 ee Bes 3 82 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 manifestation would be ulcers. © 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 Surgeons.» © Vase . [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 —6©Q. From. your reading of those leniowke' and your own 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. 85 ' 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? , 87 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 ; 89 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 clinical record of Charles W. Taylor from the United States © 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 i, OM he EPO GAEET BRET SIE ELE GY EELS A SOS a 2m : wea ia Se acc Sa he AN le ALES AS AE 91 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 : “rOPOrOrPopP | 92 ° ‘ 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 steward wasn’t aboard, and he said—— Mr. Wolff: I object to anything he said. Mr. Freedman: Tell us all that you know about this and Mr. Wolff can enter his objections, but you can answer just _the same. It is up to the Court to strike it out or bes ig it in, but you state the facts. Mr. ‘Wolff: You ask him to state catGluedena’ Mr. Freedman: Yes. ‘Mr. Wolff: Knowing they are not evidence. Mr. Freedman: I believe they are evidence. Q. Go ahead, Mr. Waarosson? ‘A. Mr. Taylor came back to my room and told me the steward wasn’t aboard, and I asked-him what was the mat- {fol. 127] ter, and he said he hurt his toe, and I said ‘‘How © did you hurt your toe?’ And he said, ‘I stubbed it on the retarders’, and I asked him how, and he said ‘That is when the lights went out’. Q. What do you mean when the lights went out? A. He told me he staphew his toe when the lights went out.’’ : - The Court: The ruling ef the Court is that what Taylor said about the so-called accident, and what he said as to ‘the conditions surrounding it, the objection to that part is sustained, and an exception allowed to the defendant, but the fact that the report was made to him of the injury sus- tained may stay in the record, but -what he said as to vant happened to him may be stricken out. * Mr. Pechner (continuing) : “*Q. Do you know anythitig about the lights going out? A. I was in the galley and the lights were blinking and went dim and went out. I was making batter for a cake. Q. How long were the lights out? A. The lights were out fivé to eight minutes all over the ship. ——— Q. What caused the lights to go out? A. Because they were changing over from steam to air. Mr. Wolff: I object to that. You were not there? The Witness: I found out that they changed over from steam to air. © Mr. Wolff: I move that the answer be stricken from the record.”’ | The Court: The objection is sustained, and the motion to strike out-allowed, and an exception noted for the libellant. _ (Exception noted for libellant.) ffol.128] Mr. Pechner (continuing). es “By Mr. Freedman: . Q. What time did this happen—this blinking and going - out of the lights? - A. A little after 4. - Q. In the afternoon? A. Yes, sir. By Mr. Wolff: 'Q. What day? A. The 11th. Q. Of what? Mr. Freedman: He testified to that before. By Mr. Freedman: - : Q. You stated that Mr. Taylor came and asked you for something, and what time was that? A. After he came off watch. Q. What time was that? A. After 8 o’clock. Q. Do you know whether Mr. Taylor’s toe was treated thereafter? ‘ eae Mr. Wolff: I move to.strike that out. Mr, Freedman: Very well, I will strike it out. Q. Do you know whether Mr. Taylor received any treat- ment after that? =. ° ; Object- to by Mr. Wolff as leading. Q. Answer? | —— ad | : Sftl mean nt s estos 94 A. He didn’t receive any treatment of the toe until the following day. [fol. 129] Mr. Wolff: That is objected to on the a that the witness is not competent to answer and not ina position-to tell. A. He didn’t get any treatment until the following day and the steward washed it out with a solution of boric acid and put yellow salve on it. ; By Mr. Wolff: Q. Did you see that? A. Yes, sir. By Mir. Freedman: Q. You were in the steward’s meen’ A. I was in the capacity of utility man. Q. And you would know everything going on? Objected to by Mr. Wolff as inter (Question withdrawn). : Q. Let me ask you this: Is it customary whenever a man is injured on a boat, and particularly on this boat, to have the man go to the steward for first treatment ? : A. The captain. Ice Q. Who treats them generally? ‘ A. The captain generally sends them to the dasiiee He has possession of the keys. Objected to by Mr. Wolff as incompetent and Svelevent. Q. Going back to the blinking of the lights, did you have. any notice, or were you told, that the lights were going to be changed? A. No, sir. a Q. Do you remember whether Mr. bin boa talked about his toe-after that time? = [fol. 130] A. He complained about his foot paining him. Mr. Wolff: I object to that as hearsay, improper and irrelevant. oe The Court: Objegtion’ sustained, and the libellant will be allowed an exception. _ (Exception noted for libellant.) Mr. Pechner (continuing) : “Q. Did he complain to youu Objected to by Mr. Wolff.’’ 3 18 The Court: My ruling will be as before and I will allow you an exception. , : (Exception noted for libellant.) Mr. Pechner (continuing) : ‘©A. He told me numerous times that his foot was ailing him. - Q. Did you notice anything about his shoes? Objected to by Mr. Wolff as leading. (Question withdrawn.) 7 Q. What. else did you notice about Mr. Taylor after the vessel left Philadelphia? . A. I noticed when we left Philadelphia right about where his shoe was cut off. HN ' Q. Describe it: > A. The shoe was out off the half of his foot (pointing to the front part of his shoe). Q. What shoe? A. The right foot. : Q. Do you know whether he received any treatment at that time? “° .! ; [fol.131] Mr. Wolff: Objected to as leading, and the wit- ness is incompetent to testify to what Mr. Taylor did. Mr. Freedman: I asked him whether he knew Mr. Taylor received any treatment of his own knowledge. . A. He had it washed ont two or three times with boric acid. I seen it the first time, and the second time he told me he had his foot washed.’’ . The Court: The part of the depositions within his own sight and knowledge, the objection is overruled, and an exception allowed for the respondent. The part of the an- swer as to what Taylor told him, the objection is sustained, and that part of his answer stricken out, and an exception allowed to the libellant. | 96 7 (Exceptions so noted.) | Mr. Wolff: This witness kept answering - and testifying to conversations, stating what they were. These were ob- jected to, and my motion is to strike them out. The Court: No, I can’t see that he was testifying to any conclusion, he was testifying to what he-had witnessed. Mr. Peckent (coasting : . **Q. Who washed the wound? | A. The steward. Q. What happened when you left the gue zone? A. When we got into Colon I was standing right outside of my galley and heard Mr. Taylor ask Captain Jimmyer to get him a doctor and Captain Jimmyer: said there was no doctor available and he couldn’t get in touch with the agent. Captain Jimmyer went ashore and when he came back there was no doctor there, and Mr. Taylor insisted on hav- ing a doctor at the time, but he said’ he couldn’t. get i in touch with the agent. - ‘{fol. 132] Q. You heard that? A. I heard every word of it. Q. Did you see Taylor’s foot that day? A. That day I saw Mr. Taylor’s foot. It was the most meanest looking. thing I ever saw. It was red and inflamed and a hole in it about the size of a dime. » Q. Was Taylor able to walk at that time? A. He was just hobbling around on the deck. - Q. Do you know whether the captain saw Taylor’ s foot at that time? A. Mr. Ji immyer did see the foot at that partiodar time. Q. Was he wearing the shoe that was cut at that time? | A. He was wearing the cut shoe. Q. Do you know whether a doctor came aboard the ves- sel after leaving Colon? .. A: There was:a Public Service doctor came on just be- fore we entered the locks, and he and some other man went’ to the captain’s room and stayed there about 20 minutes or a half hour, and then went back to shore j in a launch. Q. Did you see all of that? A. I did. ; Q. What happened adten" that? ee A. After they went ashore we proceeded to go through the canal, and after we got to Pedromeguill Mr. Taylor in- _ sisted on seeing a doctor. i 3 '[fol. 133]. Q. When was that with reference to entering the locks? How soon after you left Colon was that? A. About five or six hours? -Q. I am referring to the time when you first came into ~* Colon? : A: Approximately 18 to 20 hours. Q. Proceed from there? — : - A. Then Mr. Taylor insisted on seeing a doctor. Mr. Wolff: I object to these answers. In the first place, they state conclusions, and I object to the conclusions as not relevant. Q. Just tell us exactly what you heard Mr. Taylor say ’ to the captain?’ The Court: If the saying of it to the captain is. an evi-’ - dential fact, he can certainly say it, that is not hearsay. - His insistence upon saying it probably bears upon the ques- tion of injury, and I don’t see it hag any other bearing. Mr. Pechner (continuing): ‘A. He said: ‘Captain, I have to see a doctor’, and Cap- — tain Jimmyer hollored over to some one who runs around there with the phone, and about 45 minutes later a doctor was aboard and took Mr. Taylor off. ae . -Q. That is all you know about it? . re) A. Yes. ig Q. Do you have any interest in this case? A. None whatsoever. — Q. You are not related to Mr. Taylor? [fol. 134] A. No.: He is just a shipmate of mine. | Cross-examination. | | By Mr. Wolff: eu Q. How long have you known Mr. Taylor? 7 A. Since Mr. Taylor joined the ship. Q. When was that? ~= é 7—2003 A. I guess altogether I have known him—TI first met him when he joined in Baltimore—about 14 months. Q. You have seen him right along? D A. No. I haven’t seen Mr. Taylor, I guess it was seven or eighmonths. When I got off the Losmar I saw him. Where did you see him? At the Seamen’s Institute. Where? : In Philadelphia. — : That was how long ago? . About 4 or 5 months ago. You say you haven’t seen him since? . No. What is Mr. Taylor’s position on: the ship? . Fireman. In the engineer’s department? Yes. And you were what? . Utility man in the steward’s department. Were you ever in the fire room? No. © Or the engine room? No. ; - [fol. 135] Q, Do you know what a retarder is? Objected to by Mr. Freedman. A. I know what it is to see it. It is a bent piece of steel that goes into the boiler tube. POP OPOPOPOPOPOPOP OS Pall ™~ Object- to by. Mr. Freedman as irrelevant. You have never seen none? . Only pictures of them. You say the lights on this ship blinked? . Yes. Five to eight minutes? . Yes. What day was that? . On the 11th. Of February? es What year? . 1934. Q. And at that time you were where? XN rOPOPOPOPOPO - A. There in the galley making cake. Q. This happened about what time? A. After 4 0’clock. | . Well, can you make it_a little more definite? Was it shortly after 4? A. Yes. Q. And you were in the galley? . A. Yes. ‘[fol. 136] Q. And had been there for how long? A. All day. | Q. And all that you observed is the fact that the lights were out? A. The lights blinked and were dim and then they went out, and they were out 5 to 8 minutes. Q. And you don’t know what caused that? A. Ido know it was due—— . Q. How do you know? Mr. Freedman: Let him answer. A. Just to the change from steam to air. Q. Did you see them change from steam to air? A. I knew that. ; _Q. How did you know? ’ A. Maybe I walked right past the galley when the dining room closes. I know they were changing from steam to air. T didn’t see them do it, but I knew they were doing it. Q.. How do you know? A. Because.I saw them hook up the air holes in the hadk. I was walking past the fireroom. I know it was the early part of the day. | Q. What time? A. I do not know. Q. What do you mean by the early part? A. In the afternoon. Q. The early part.of February? Wasn’t it sometime in the morning? [fol. 137] A. It was the afternoon... Q. You don’t know when it was? A. It was in the afternoon, and around the afternoon of that day I saw the man hook the hose up. Q. Why did you say it was the early part of the day a moment ago? A. I don’t recall—the late part of the day, ~ 100 Q. You spoke of having heard a conversation between Mrs Taylor and the onptain of the ship at Colon? A. Yes. Q. Can you fix the datas A. #can’t really say the date. Q. Sometime in the evening? A. It was about 7 o’clock in the evening. Q. At night. A. Yes. Q. You heard the captain say there was no hatds avail- able? A. No. He coyldn’t get in touch with the agent. Q. When did the ship leave Colon? A. 7 o’clock the following morning. Q. And a few hours later got to Pedromeguill? A. The first lock, and the Public Service doctor came ’ aboard. 7 Q. Did the doctor see Taylor? A. No. Mr. Taylor was on watch. ; [fol. 138] Q. How do you know the doctor did not see him? A. Because there wasn’t anyone around that part of the ship where the galley is situated, or I could see him. Where is the galley situated? : . Aft number 3 hatch. You didn’t see the doctor come aboard? . I saw him come aboard and leave. How long was the doctor on board? From 20 minutes to half an hour. And where was he? Up in the captain’s quarters. The captain’s quarters are on the bridge? . Under the bridge, amidship house. And the doctor was taken off the ship? . Yes, Some 45 minutes later? . Yes. Who was the steward on board? ; . A Spanish fellow by the name of Frank-Zarrerraga. . You said you were leaving Philadelphia when you . noticed Taylor’s foot? A. Yes. : Q. When did om fated ee SOPOPOPOpopororore | 101 wer So don’t know the date. Q. That was on the voyage to the West Coast? A. Yes, sir. Redirect examination. By Mr. Freedman: Q. You testified before under direct examination that © [fol. 139] Taylor was hurt on February 11, 1935, and then when Mr. Wolff questioned you he asked you whether it was 1934. I do not know whether I understood the question properly, but I ask you now to tell tis what date it was? A. It was 1934. Q. How long have you known Taylor? A About 14 months. Q. Then it couldn’t possibly have been 1934? A. Lhave it right here (witness examining small book). Q. Will you look at the discharge and make sure of that, so that we have it straight on the record. A. 1935. : , Q. Can you verify that from your discharge? A. Yes. ; Q. How long have you served with the Calmar Line? A. I joined the Calmar September 29, 1930, as a mess © boy and left it in 1935. Q. Do you expect to go back to the Calmar? A. I am waiting every minute every day. Q. Now, I would like you to tell me whether or not you are sure that the blinking lights you described before and the call that Mr. Taylor made on you for treatment both _ happened on the same day? | Mr. Wolff: That is objected to as not proper reexamina- ’ tion. ; A. The same day. Q. You are absolutely sure of that! A, Yes, sir. Ges [fol. 140] Q. I would like to clear up a little bit about the time that the vessel took to get from Colon to the point where Mr. Taylor was removed from the ship. How long - was it from the time that the vessel left Colon until the time when: the Public Service doctor came on board the - vessel? ; ae Objected to by Mr. Wolff as not proper re-examination, A. About 6 hours. | Q. And then how long after that was it before you got to the point where they took Mr. Taylor off the vessel? A. When we left Colon until Mr. Taylor went off, it was 6 hours. Q. I mean how long was it from the time he first asked . - for a doctor until the doctor arrived? A. From the time he first asked for a doctor and the doc- tor arrived was 18 hours. Q. When you first came into Colon and then left, how long was it until the time that Taylor was removed, how long from the ‘time you came nto Colon? A. 18 hours. * 3 _ Recross-examination. By Mr.. Wolff: Q. Did you discuss your testimony with Mr. Freedman? _ A. No, sir. Q. You have not? A. No. Q. You didn’t give Mr. Peseta a statement of what - you wanted to say here today? [fol. 141] A. No, sir. Q. You did not? A. I cam- up here—— Q. Just answer the question? Mr. Freedman: Let him do so. The Witness: I stated ie doen: to Mr. Freedman as I stated here. Q. Did you give him a statement? A. Yes, sir.’’ Mr. Freedman: That is all we spe to offer at this time, we rest. The Court: What do you mean, at this time? Mr. Freedman: The defendant has not offered sed testi- mony. 7 The Court: Do you rest? Mr. Freedman: We rest, yes, sir. Mr. Wolff: All of our witnesses are on a vessel, which is now on the Pacific Coast, and she makes repeated return © oe : | | 103 ‘trips. They are not available to us for any extended periods of time, and we want to bring this—— The Court: When will they be available? Mr. Wolff: The vessel is due here on the 6th of July, and I suggest: that we have a day or two leeway on that, and we fix July 8th far continuing the case, if that’s agreeable to your Honor. (After further unreported colloquy.) — - ffol. 142] The Court: I will hear your medical witnesses any day this month. , Your seamen witnesses, their deposi-- tions can be taken when they are here, otherwise they can be taken sometime in August when the case will be finally _ closed. ' : (After further colloquy.) The Court: Then I will declare this hearing adjourned. [fol. 143] Deposition taken on behalf of the libellant in the office of Freedman, Goldstein & Pechner, Esquires, 1501 Franklin Trust Building, Philadelphia, Pa., on ‘Tuesday, - May 12,1936, at 2 o’clock P. M. . ‘ - Appearances: Freedman, Goldstein & Pechner, Esquires (by Abraham E. Freedman, Esq., and I. P. Pechner, Esq.), for libellant. Lewis, Wolff & Groulay, Esquires (by Otto Wolff, Jr., _Esq.), for respondent. a It is agreed by and between counsel for the respective parties that these depositions may be taken stenographically and thereafter reduced to typewriting, and that the signing, sealing, certification and filing thereof may be waived. | - Libellant’s Testimony . : James JosepH Aanosson, affirmed, by William J. David, a notary Public of the Commonwealth of Pennsylvania. - Direct examination. - By Mr. Freedman: Q. Mr. Aarosson, what is your age? A. 37. : et AN a be The Rs ssa ii eal eee hae eas ' — ee 104 Q. And your occupation? A. Ship’s cook and steward. : [fol. 144], Q. How long have you followed that occupation? A. Seven years. Q. Did you ever serve on the steamship Losmar? - A. Yes. | ” Q. Do you remember when you joined her? ' A. I joined her—I was on her twice. I joined the Losmar the first time August 14, 1931, when I was transfered 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? - A. Yes. | 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. I do. . Q Was hea ‘eal of the crew at that time? A. Yes. Q. Do you remember what rene © on or about Febru- ary 11,.1935? A. ‘About that time, yes. Q. Tell us what happened? A. Mr. Taylor came to me, to my room, and showed me his toe, and said that—— Mr. Wolff: Iobject to anything that Taylor said to him at that time. Let him tell what he saw. [fol. 145] The Witness (continuing): Mr. Taylor came to my room and showed me his toe and asked me if I had any- thing to put on it, and I told him no, and I referred him to Captain Jimmeyer, and Captain Jimmeyer wasn’t aboard, and I referred him to the Steward. So the Steward wasn’t aboard, and he said— Mr. Wolff: I object to anything he “a Mr. Freedman: Tell us all that you know about this and Mr. Wolff can enter his objections, but you can answer just the same. It is up to the Court to strike it out or leave it in, but you state the facts. Mr. Wolff: You ask him to state conversations! Mr. Freedman: Yes. © Mr. Wolff: Knowing they are not evidence. Mr. Freedman: I believe they are evidence. Q. Go ahead, -Mr. Aarosson? A. Mr. Taylor came. back to my room and told me the Steward wasn’t aboard, and I asked him what was the matter, and he said he hurt his toe, and I said ‘‘How did you hurt your toe?’’? And he said, ‘‘T stubbed it on the re- tarders’’, and I asked him how, and he said ‘‘That ‘is when the lights went out’’. Q. What do you mean when the lights went out? } A. He told me he stubbed his toe when the lights went out. Q. Do you know anything about the lights going out? A. I was in the galley and the lights were blinking and went dim and went out. I was making batter for a cake. [fol. 146] . Q. How long were the lights out? ‘ A. The lights were out five to eight minutes all over the _ ship. | Q. What caused the lights to go out! | A. Because they were changing over from steam to air. . Mr. Wolff: I object to that. You were not there? The Witness: I found out that they changed over from steam to air. Mr. Wolff: I move that the answer be stricken from the record. By Mr. Freedman: — Q. What time did this happen—this blinking and going - out of the lights? spain A. A little after 4. . Q. In the afternoon? — - A. Yessir. By Mr. Wolff: Q. What day? _A. The 11th. Q. Of what? Mr. Freedman: He testified to that before. By Mr. Freedman: Q. You stated that Mr. Taylor came and asked you for something, and what time was that? a 106 A. After he came off watch. Q. What time was that? A. After 8 o’clock. Q. Do you know whether Mr. saeaait S toe was treated | thereafter? {fol. 147] Mr. Wolff: tonne to strike that out. Mr. Freedman: Very well, I will strike it out. Q. Do you know whether Mr. Taylor ne any treat. ment after that? Objected to by Mr. Wolff as leading. Q, Answer? A. He didn’t receive any treatment of the toe until the following day.. Mr. Wolff : That is objected to on the ground that the wit- ness is not competent to answer and not in a position to tell. - A. He didn’t get any treatment until the following day and the steward washed it out with a solution of boric acid and put yellow salve on it. By Mr. Wolff: Q. Did yousee that? | A. Yes sir. a By Mr. Freedman: Q. You were in the Steward’s department? A. I was in the capacity of utility man. Q. And you would know everything going on? Objected to by Mr. Wolff as leading.. *. (Question withdrawn). Q. Let me ask you this: Is it customary whenever a man is injured on a boat, and particularly on this boat, to have the - man go to the Steward for first treatment? A. The Captain. Q. Who treats them generally? [fol. 148] A. The Captain generally senda them to the Steward. He has possession of the keys. Objected to by Mr. Wolff as incompetent and irrelevant. oa aaa chal cia Oe pinball tliat Ree Tas SNES OF EE OE FESS ped 4 as hs x tS x ae ad 5 ~ # be ~ . 9 > “os - = 3s > 7 Cae oo 107 Q. Going back to the blinking of the lights, did you have any notice, or were you told, that the lights were going to be changed? : An A. No sir. | Q. Do you remember whether Mr. Taylor@talked about his toe after that time? A. He complained about his foot paining him. Mr. Wolff: I object to that as hearsay, improper an jrrelevant. Q. Did he complain to you? Objected to by Mr. Wolff. A. He told me numerous times that his foot was ailing him. Q. Did you notice anything about his shoes? Objected to by Mr. Wolff as leading. (Question withdrawn. ) Q. What else did you notice about Mr. Taylor after the vessel left Philadelphia? A. I noticed when we left Philadelphia right about where -his shoe was cut off. | Q. Describe it? A. The shoe was cut off the half of his foot, (Pointing to the front part of his shoe). Q. What shoe? _ A. The right foot. [fol. 149] Q. Do you know whether he received any treat- fnent at that time? : Mr. Wolff: Objected to as leading, and the witness is not competent to testify to what Mr. Taylor did. Mr. Freedman: I asked him whether he knew Mr. Taylor received any treatment of his own knowledge. A. He had it washed .out two or three times with boric acid. I seen it the first time, and the second time he told me he had’ his foot washed. Q. Who washed the wound? A. The Steward. -" Q. What happened when you left the canal zone? A. When we got into Colon I was standing right outside of my galley and heard Mr. Taylor ask Captain Jimmyer to get him a doctor and Captain Jimmyer said there was no 2 r f as 4 8 « : - * i ~ A, bo ra ES Heer, Sao Bg ee ; PES ee’ ; Ep REY, S cae ES A Fes A PS aa e p he e mF SOE PON nin Bars PSN Rene Mr ng Ke. es es f * Jase OR reg RR Ss oy LR Sh cade SS Ce REI RL OR Oe OS aie eet Re tea ee ie ea See mee Be OPA a bce Wee FN TS ae Chee aes SOLO ae PE er a aD eS ES! es S ~ tOn “ad he couldn’t get in touch with the agent. Captain ou. — ashore and when he came back there | was no doctc », and Mr. Taylor insisted on having a. doctor at the ti. he waid he couldn’t get in touch with ' theagent. — Q. ‘You heard thav. A. [heard every word of it. Q. Did you see Taylor’s foot that day? A. That day I saw Mr. Taylor’s foot. It was the most meanest looking thing I ever saw. It was red and inflamed and a hole in it about the size of a dime. , Q. Was Taylor able to walk at that time? A. He was just hobbling around on the deck. [fol. 150] Q. Do you know whether the Captain saw Taylor’s foot at that time? __ A. Mr. Ji immyer did see the foot at that particular time. Q. Was he wearing the shoe that was cut at that time? A. He Was wearing the cut shoe. Q. Do you know whether a doctor came aboard the vessel after leaving Colon? — A. There was a Public Service Doctor came on just before we entered the locks, and he and some other man went to the Captain’s room and stayed there about 20 minutes or a half hour, and then went back to shore in a launch. Q. Did you see all of that? ° A. I did. Q. What happened after that? A. After they went ashore we proceeded to go through the canal, and aftér we got to Pedromeguill Mr. Taylor insisted on seeing a doctor. Q. When was that with reference to entering the locks? ° : How soon after you left Colon was that? A. About five or six hours. Q. I am referring to the time when you first came into Colon? A. Approximately 18 to 20 hours. Q. Proceed from there? 3 ’ A. Then Mr. Taylor insisted on seeing a doctor. Mr. Wolff: I object to these answers. In the first place, _ they state conclusions, and I object to the conclusions as not — relevant. [fol. 151] | Q. Just tell us amas what you heard Mr. Tay- lor say to the Captain? FEI ARIEL OIL LOI IES LEED LLDPE RESTS TEE Bae 109 A. He said: ‘‘Captain, I have to see a doctor’’, and Cap- tain Jimmyer hollered over to some one who runs around there with the phone, and about 45 minutes later a doctor was aboard and took Mr. Taylor off. . That is all you know about it? » eee . Do you have any interest in this case? . None whatsoever. . You are not related to Mr. Taylor? ..No. He is just a shipmate of mine. Cross-examination. ' By Mr. Wolff : . How long have you known Mr. Taylor? | ' . Since Mr. Taylor joined the ship. r . When was that? A. I guess altogether I have known him—TI first met him when he joined at Baltimore—about 14 months. ; Q. You have seen him right along? A. No. I haven’t seen Mr. Taylor, I guess it was.seven . or eight months. When I got off the Losmar I saw. him. Q. Where did you see him? A. At the Seamen’s Institute. Q. Where? A. In Philadelphia. Q. That was how long ago? {fol. 152] A. About 4 or 5 months ago. You sat you haven’t seen him since? No. What is Mr. Taylor’ * aan on the ship? . Fireman.. In the engineer °s dancin’ . Yes. And you were what? . Utility man in the steward’s department. . | Q. Were you ever in the fire room? A. No. Q. Or the engine room? A. No. Q. Do you know what a retarder is? Objected to by Mr. Freedman. bPOPOPOPO: 110 A. x know what it is to see it.” It is a bent piece of steel that goes into the boiler tube. | Objected to by Mr. Freedman as irrelevant. You have never seen none? Only. pictures of them. | You say the lights on this ship blinked? . Yes. Five.to eight minutes? . Yes. What day was that? . On the lith. © Of February? Yes. - What year? ~ [fol. 153] A. 1934. Q. And at that time you were where! A. There in the galley making cake. Q. This happened about what time? A. After 4 o’clock. Q. Well, can you make it a little more definitet Was it shortly after 4? A. Yes. Q. And you were in the galley? A. Yes. : _Q. And had been there for how long? A.. All day. Q. And all that you observed is the, fact that the lights . were out? A. The lights blirked and were dim and then they went out, and they were out 5 to 8 minutes. . Q. And you don’t, know what caused that? A. I do know it was due—— Q. How do you know? “ Mr. Freedman: Let him answer. — es Just to the change froti steam to air. Q. Did you see them change from steam tw air? A. I knew that. -Q. How did you know? A. Maybe I walked right past the odes when the dining room closes. I know they were changing from steam to air. © I didn’t see them do it, but I knew they were doing it. - [fol. 154] Q. How do you know? : ae 4% , ? . SOPOPOPOoPOPO at Ben 11 A. Because I saw them hook up the air holes in the back. I was walking past the fireroom. I know it was the early part of the day. | Q. What time? , , A. Ido not know. » Q: What do you mean by the early part? A. In the afternoon. ‘ Q. The early part of February? Wasn’t it sometime in the morning? A: It was the‘afternoon. Q. You don’t know when it was? = A. It was in the afternoon, and around the afternoon of that day I saw, the man hook the hose up. Q. Why did you say it was the early part of the day a moment ago? A. I don’t recall—the late part of the day. Q. You spoke-of having heard a conversation between Mr. Taylor and the Captain of the ship at Colon? Q. Can you fix the date? , A. I can’t really say the date. Q. Sometime in the evening? A. It was about 7 o’clock in the evening. -Q. At night? ee A, Yes. ; 7 [fol. 155] Q. You heard the Captain say there was no doctor available? ; - A. No. He couldn’t get in touch with the agent. Q. When did the ship leave Colon? A. 7 o’clock the following morning. Q. And a few hours later got to Pedromeguill? _ A. The first lock, and,the Public Service doctor came’ oT exces br Q. Did the doctor see Taylor? | A. No. Mr. Taylor was on watch. tease Q. How do yeu know the doctor did not see him? A. Because there wasn’t any one around that part of the ship where the galley is ted, or I could see him. Q. Where is the galleysituated! _A. Aft-number | Q. You didn’t see the doctor come aboard? A. I saw him come aboard and leave. Q. How long was the doctor on board? A. From 20 minutes to half an hour. Bi . And where was he? . Up in the Captain’s quarters. . The Captain’s quarters are-on the bridge? . Under the bridge, amidship house. . And the doctor was taken off the ship? . Yes. . . Some 45 niinutes later? . Yes. . Who was the steward on board? [fol. 156] A.-A Spanish fellow by the name of Frank Zarzerraga. : Q. You said you were leaving Philadelphia when you no- ticed Taylor’s foot? . A. Yes. : Q. When did you leave Philadelphia? A. I don*t know the date. Q. Thai was on the voyage to the West Coast? _ A. Yes, sir. OPOPo pO o> Redirect examination. By Mr. Freedman: Q. You testified before under direct examination that Taylor was hurt on February 11, 1935, and then when Mr. Wolff questioned you he asked you whether it was 1934. I do not know whether I understood the question properly, but I ask you now to tell us what date it was? A. It was 1934. Q. How long have you known Taylor? A. About 14 months. Q. Then it couldn’t possibly have been 1934? A. I have it right here (Witness examining small book). Q. Will you look at the discharge and make sure of that, so that we have it straight on the record. -. A. 1935. | , Q. Can you verify that from your discharge? A | Q. How long have you served with the Calmar Line? . ‘[fol.157] A. I joined the Calmar September 29, 1930, as _ a mess boy afd left it in 1935. | Q. Do you expect to go back to the Calmar? A. I am waiting every minute every day. : Q. Now, I would Ifke you to tell me whether or not you ‘are sure that the blinking lights yon described before and a FR SS IE SESS eal Ce AE a : Da Te ee Fe FS SE ES Ee, 118 the call that Mr. Taylor made on you for treatment: both happened on the samegday? | | Mr. Wolff: That is objected to as not proper re-examina- tion. © , A. The same day. Q. You are absolutely sure of that? A. Yes, sir. ; Q. I would like to clear up a little bit about the time that the vessel took to get from Colon to the point where Mr.. Taylor was removed from the ship. How long was it from the time that the vessel left Colon until the time when the Public Service doctor came on board the vessel? Objected to by Mr. Wolff as not proper re-examination. A. About 6 hours. Q. And then how long after that was it before you got to the point where they took Mr. Taylor off the vessel? _ A. When we left Colon until Mr. Taylor went off, and it was 6 hours. Q. I mean how long was it from the time he first asked for — doctor until the doctor arrived? (fol. 158] A. From the time he first asked for a doctor and the doctor arrived was 18 hours. bse eber. Q. When you first came into Colon and then left, how long was it until the time that Taylor was removed, how long from the time you came into Colon? | A. 18 hours. * - Recross-exaniination. By Mr. Wolff: - Q. Did you discuss your testimony with Mr. Freedman? ——- A. No sir. =~ Q. You have not? A. No. 7 } Q. You didn’t give, Mr. Freedman a statement of what you wantéd to say here to-day? eter see ; A. No, sir, fers Uh et See - Q. You did not? si | . A. I came up here—— : Q. Just answer the question? Mr. Freedman: Let him do so. — os ® Be oa Lag ae Sas ae The Witness: I stated everything to Mr. Freedman as-I stated here. Q. Did you give him a statement? f A. Yes, sir. [fol. 159] (‘Trial‘of the cause resumed Tuesday, June 23rd, 1936, at ten o’clock A. M., in the presence of the Court and counsel for the respective parties.) (After unreported colloquy between the Court and coun- sel.) , ‘ The Court: Mr. Freedman, you are at liberty to have notes of the testimony taken, or. not taken, there being no official reporter appointed for this Court, as,you please. If, however, you wish them to be used as the official notes of the trial, then you present them to the Court for that purpose, and he will treat them as the official notes. Do you desire the notes of testimony and evidence to be re- garded as the official notes of the Court? Mr. Freedman: I do, sir. ay . The Court: Then the stenographer is directed to follow the usual practice of supplying counsel with copies as soon as transcribed, the party paying for. the copies that he re- Bia _ ceives.’ Is there anything else? * “ih Mr. Wolff: Is Mr. Taylor here? Pee Mr. Freedman: No. : Mr. Wolff: On Friday, Saturday morning last, we, for the first time, received information about this case, which has a vital bearing upon the issue, such as made it necessary for us to recall the libellant, Mr. Taylor, for further cross examination. On Saturday I served this notice on Mr. Freedman. I will read it. | | [fol. 160] Mr. Freedman: What time Saturday? - Mr. Wolff: Saturday afternoon, your office was closed. . “Fane 20,1936. _ Messrs. Freedman, Goldstein and Pechner, Franklin Trust Building, 15th and Chestnut Streets, Philadelphia, Pa. Taylor vs. Calmar Steamship Corporation ‘GENTLEMEN: Beas 7 _» We hereby notify you that we shall require the attend- * ance, in the Court Room, when the trial of the above case papery, . — 115 ‘3 resumed on Tuesday next, June 23rd, at 10 a. m. daylight saving time, of the libellant, Charles W. Taylor, in connec- tion with the medical testimony which we shall offer, and for such further cross examination as we may deem neces- sary, and that we shall also require him to have with him ’ the abstracts from the clinical records which you offered in evidence.’’ Now, a further cross examination of Taylor is essential to the proper prosecution of this case, and coun- gel has seen fit to keep the man from the court. - Mr. Freedman: For two days they had him on the stand and they harassed him. The Court: We will not have any wrangling about it. You were notified, I understand, and the notice was de- livered at your office after it was closed. The first question is, did you get the notice? : Mr. Freedman: Yes, sir; I’ don’t deny that, sir. The Court: Then you had notice that he would be required to be present for further cross examination. Now, did you produce him, or not? at . (fol. 161] Mr. Freedman: I don’t think that—— -* he Court: It is not a question of that. : ‘ Mr. Freedman: I did not produce him, sir. . The Court: Are you willing to produce him? 4b Mr. Freedman: Ig Mr. Wolff Ney : The Court: Do not do anything but answer the questions, then I will give you the opportunity to explain it to your heart’s content. Do you intend to produce him? Mr. Freedman: No, sir. | The Court: All right, now, if you have any explanation to offer, yop can do so. ~ eS en Mr. Freedman: For two days in succession they had the Libellant on the stand, and they could’ have asked him——. Mr. Freedman: Then we closeqour ease, rested. »I don’t see how they..can possibly require him to come back here. ‘If they wanted him in court, they fnew how to get him. _ You have the answer, have you taken that, Mr. Stenog- rapher? You have his answer he will not produce the libellant for further cross examination? hepa et. -* — _Mr.. Wolff: And he will take the consequences. | ie, tye fen to wed Pee Wits T5 phage " F a j ih : : We eet 2 a ERT SOLERO TT. PRES a3 ¢ * - 132 Mr..Freedman: That is objected to. The Court: Overruled, _[fol. 186] Mr. Freedman: Exception. (Exception noted for the Libellant. ) A. He said that on or about the 27th of February, 1935, his right fifth toe began to pain him, and shortly thereafter, ' to quote him ‘‘it busted open’’.. He said he had been treated at the Philadelphia Marine Hospital, they gave him a bottle of medicine, and. the following day he boarded a ship and went to Panama. On‘the 12th of March he was admitted — to the Gorgas Hospital in Panama, and it was not until the 27th that the fifth toe became gangrenous and required amputation. He was discharged from the hospital, re- turned to Ellis Island on May 13th, where further amputa- tions were required. On July 22nd the fourth toe was amputated for a similar gangrenous process, and he was transferred to the Staten Island Marine Hospital in Staple- ton on August 7th for the purpose of special treatment. I saw him on August 28th in consultation, to determine whether or not amputation should be done at a higher level. He informed me that at that time, in 1915, he had had a fractured vertebra, or ribs, and that in 1932 he had been operated upon for bunions. . While he was in Long Islatid Hospital he was also operated on for the severance of one - of the nerveg that bind one of the sensory nerves. I exam- ined him at that time on August 28th, he had lost the fourth and fifth toes, and there was a gangrene reaction beginning _ in the third toe. The first and second toes were swollen, reddened, edematous, and showed extremely poor circula- tion. The redness extended to a point about three inches — [fol. 187] above the ankle. The foot asa whole was swollen and sensitive to pressure, and the wounds at the base of the . fourth and fifth toes. showed practically no repair reaction due to poor circulation. -- | - : ‘Q. What Was your diagnosis at that time, Doctor? ff A. He had thrombo-angiitis obliterans, known.as Buer- — ger’s diseage. Pe ae er eh fl Q. Did you make any recommendation with respect to treatment? | han a ahs siccskel Pl . A, I thought the leg ought to be amputated. Q. What? “ | A. I thought the leg ought to be gmputated. = - se al Q. Was this examination of yours made with tg approval of Taylor and the physicians of the hospital? A. It was in their presence. - Q. Did you ask him what, if any, injuries or ailments he had ‘ever had to his feet before? - A. I did. Q. Is that when he told you he had ee operated on for bunions in 1932? A. The only trouble he had ever had. « . ( Q. The only trouble he had ever had? A. That’s correct. - . Q. Doctor, what is Buerger’ s disease? A. Buerger’s disease is an arterial affliction, a blood vessel disease, in which the blood vessels become thickened, and as it were, blocked, causing additional impairment to [fol. 188] the circulation beyond. It is in aed senses a localized arteriosclerosis. Q. In your opinion is it traumatic in origin? A. It is not. . eg - Q.-That is, it cannot be caused by a traumatic injury? A. It cannot. Q. Will you state wither or not a traumatic. injury will incite, precipitate or aggravate the disease itself? A. Under certain circumstances it may. Q. What are those circumstances? - A. Massive injury to further damage the blood veunile. The advent of infection to an inflammatory process. . Q. Is that fast or slow acting? A. That is immediate. Q: Have you examined the abstracts frem the clinical records, which, have been offered in evidence here as Libel- lant’s Exhibits 1, 2, 3 and 41° _ A. T have. ~Q. I ask you to look at Libellant? s Exhibit No. 4 ‘cued it refers.to a spécimen tissue, do you see that? A. Yes, sir. — ae And does that indicate anything to you? A. It indicates a pathological — of years’ duration. — Q. “More than a year? | A. Yes, sir. 3 [fol. 189) Q. Will you listen, Doctor, carefully, while I ask you a long hypothetical question? Assume that at about 133 are tt nue 4 Leste In = ee c P * EE RT LOE nom yr ee .* : LERNER PMA OTe RES SS oS we opm BE 3 area Paes tees - 134 four o’clock in‘ the afternoon of February 9th, 1935, the‘ Libellant in this case, that is Taylor, was entering the boiler room of the steamship ‘‘Losmar’’, and that the lights went out; and after they went out he turned to his left in the boiler room, and after taking one or two steps he stubbed the foes of his right foot on a pile of retarders, which are twisted steel bars, about seven feet long, two or three inches wide and one-eighth of an inch thick, cutting his shoe and bruising his foot, or little toe. That he continued to work until - about eight o’clock* that afternoon, and en the following day he had his foot washed with a boric acid solution; that on February 11th, ¢wo days after, he went to the Marine Hospital in Baltimore, ‘where his condition was found to be and the treatment given is shown in Libellant’s Exhibit 1, which I ask you to look at. ioe A.’ Yes, sir. Q. That he received out-patient Sovatioen’ at the hospital ‘until February 16th, but did not report at any hospital - again until the latter part of February or early in March, when he went to the United States Public Health Service, District of Philadelphia, and received more medicine. That thereafter at Philadelphia he signed on the steamship ‘‘ Los- mar’’ for a voyage to the west coast of the United States, and on the way down to the Panama Canal he commenced [fol. 190] to have severe pains in his right foot. On March 11th he requested to see a doctor, and on March 12th he was taken ashore in an ambulance to the Gorgas Hospital. That at the Gorgas Hospital the findings and diagnosis were made.as shown on the abstract from the clinical record, which is marked Libellant’ s 5 Exhibit No. 2, which I ask you to look at. 2 2, Q. On March 27th, fifteen yee after hie edition to that hospital, the fifth toe of his right foot was amputated. He remained there until May 4th, when he was returned to the United States, arriving at New York about May 13th, and entering the Marine Hospital at Ellis Island. That at Ellis Island Marine Hospital the ailment was diagnosed as shown .on the abstract from the clinical record, which is marked Libellant’s Exhibit No. 3, which I ask you to look at. A. Yes, sir. Q. That he remained there until about August 7th, 1935, when he was transferred to the Marine Hospital at Staple- ton, Staten Island, where he remained until October 3rd, _ . alas a . . * — ' -° 6r not there was any evidence or history of a traumatic ~ 135 - 4935. That at the Stapleton Hospital the findings and diagnosis and treatment were as shown in the abstract from the clinical record, which is marked Libellant’s Exhibit No. 4, and which I ask you to look at. That I ask you also to consider the examination which you yourself made at that hospital on August 98th, 1935, and to assume that Taylor’s right leg was partially amputated, that is, below the knee, on September 6th, 1935, it having been found that he had (fol. 191] Buerger’s disease. Assuming those facts, can you state whether the stubbing of the Libellant’s toe on February 9th, 1935, and the resulting bruising of his toe, was in your opinion a competent producing cause of the Buerger’s disease? es ! .? A: Ican. _ Q. Was it? A. It was not. 7 Q. Assuming these same facts, can you state whether the stubbing of the toe, the bruising of the toes by that stubbing against the retarders incited or precipitated the Buerger’s disease? Mr. Freedman: Objected to. | The Court: Overruled. _ (Exception noted for the Libellant.) - A. I do not. Q. That is, your opinion is they did not, you mean? A. That’s correct. es Q. In forming the opinion, which you have expressed here, have you found it necessary to. disregard or disagree with any of the findings of the Baltimore Marine Hospital, as shown on the abstract of the clinical record, which is marked Libellant’s Exhibit No. 1? A. I have not. : Q. Have you read those abstracts over, and noted whether injury? | A. There is none in any of them. ~ [fol. 192] Q. Did you; when you examined Taylor on — 28th, 1935, endeavor to find all the history from im? A. I did. | Q. Did he give you any history or any evidence of any traumatic injury at that time? ; Bee ti Es ete ¢ +e SS IH EYL I LE LL OE FEILER IE CIE LIE IIL IIE OE ENE SN IED ON ONE LE, 136 A. He did not. | Q. Did he say to you he did not have any? A. He did. | _ By the Court: Q.. I don’t understand that. You say all the records of the Marine Hospital do not indicate any existence of the receipt of any injury? | ‘A. That’s correct. | ; Q. Suppose as a point of fact there was an injury received on February 9th, would that change your opinion? A. As to whether or not he had an accident? Q. And the injury was an accidental one. You assume what you do in your opinion, and you say that in the Marine Hospital records there is an absence of any history of an injury. Suppose in point of fact on November 9th he did receive an injury, he stubbed his foot against an iron plate, resulting in a cut or breaking of the skin, resulting in a severe bruise, would that change your opinion? A. It might alter my opinion if I know more of exactly what type of injury he had. If he had had a bruising of the skin I do not believe that that would. have precipitated or would have caused the successive-—— 3 [fol. 193] Q. Suppose there was a breaking of the skin. ’ A. If there was a breaking of the skin, and there had been a healing of it. Q. What? 7 A. If there had been a healing of it within a short period of time. : Q. All right, assume that after the cut, or bruise, or break- ° ing of the skin, abrasion, or whatever name is proper to | apply to it, suppose that it did not heal, did not heal prop-. | erly, that he was subjected to the ordinary treatment of a © washing of the wound, and the application of lotions and salves, and hot water, put in a heating box, and still it didn’t yield to treatment, and didn’t heal, then what? A. If there was a succession of surgical évents from the time of his accident right through to his amputation I don’t think we can evade the relationship. | Mr. Bull: That’s all. Cross-examination. Mr. Freedman: No questions. * sala e- ee — ——— * > 137 David Warren Kramer, sworn: _By Mr. Bull: Q. Will you state your qualifications? (fol. 194] A. Graduated 1912 Jefferson Medical College, assistant professor of medicine Jefferson Medical College, in charge of vascular clinic, Jefferson Hospital, assistant visiting physician and consultant of peripheral vascular disease at the Philadelphia General Hospital, visiting phy- ‘sician to St. Luke’s and the Children’s Hospitals, and at- tending physician in the Metabolic’ Division of the Jewish Hospital. Q. How long have you been practicing, Doctor? A. Since 1912. 3 | Q. What experience have you had with Buerger’s disease ? A. I have been interested in vascular diseases since 1922, and I have contributed various publications on arterial diseases. : _Q. Have you written on Buerger’s disease? _A. Included in some of the articles there has been in- flammatory ‘disease of the arteries, which have appeared in the Medical Clinic of North America. Q. Will you state for us what Buerger’s disease is? A. Buerger’s disease is an inflammatory disease of the——- ek one The Court: I don’t want to interfere with the examina- tion or cross-examination of the witnesses, but haven’t we _had that question answered? : | Mr. Bull: Yes, it is cumulative, but I don’t know how to avoid it. We have to have a record. The Court: If you want it on the record, it is your right to have it. I am not excluding it. I am merely suggesting that I recall I don’t know how many times that question has been asked of different surgeons and medical men, and I [fol. 195] haven’t heard one of them disagree with either. Q. Will you answer very briefly? 2 | A. An inflammatory disease of the larger blood vessels, the arteries and veins. | Q. What kind of disease? A. An inflammatory disease of the larger blood vessels, . arteries and veins. ~ 2 metre F CRRA T ai owe DELI GIR CO SAIN LENE DEA SET DS FOIE NE: AE TRS ETI Penn RE eae Sirs 138 Q. By a disease what do you mean? A. Due to some infectious agent. Q. Is it traumatic in origin? A. No, it is not. Q. Can a traumatic injury cause the disease? A.. It cannot. . Q. Will a traumatic injury in your opinion incite, precipi- tate or aggravate the disease itself? A. I would not say so. Q. Is the disease fast or slow acting? A. It is an insidious chronic. disease. Q. Could you by referring to the abstract from the clinical record of Stapleton Marine Hospital, which has been of- fered in evidence as Libellant’s Exhibit 4, can you gain any information there as to the duration of the case covered by’ that abstract? A. I can only say that from their cuit that this in- dividual had Buerger’s disease, and assume that this was a case of Buerger’s disease, and with the advanced patho- [fol. 196] logical findings, with our conception of the con- dition, and knowing how they observed it, it evidently ex- isted for some time. Q. When you say some time, do you mean a few days, a week, a month, a year or what? A. I would rather say for years. Q. I will have to ask you that long hypothetical question, will you listen carefully? Assume that about 4 o’clock in the afternoon of February 9th, 1935, the Libellant in this suit was entering the boiler room of the steamship ‘‘Los- mar’’, and the lights went out, and after they went out he turned to his left in the boiler room, and after taking one or two steps he stubbed the toes of his right foot on a pile of retarders, which are twisted steel bars, about seven feet long, two or three inches wide, and one-eighth of an inch thick, cutting his shoe on the side, and bruising the foot or toe. That he continued with his work until about eight o’clock that evening, and on the following day he had his foot washed with a boric acid solution. That two days later, that is, February 11th, 1935, he went to the Marine Hospital at Baltimore, where his condition was found to be and treatment was given to him as shown on the ab- stract from the clinical record of the hospital, which has been marked Libell: nt’s Exhibit No. 1, and which I show 139 you. Assume further that lie received out-patient treat- ment there at that hospital as described by that abstract until February 16th, but he did not return to a hospital thereafter until in the latter part of February, lafe in Feb- ruary or early in March, when he went to the United States [fol. 197] Public Health Service, District. of Philadelphia, and there received some medicine for his right foot. That thereafter at Philadelphia he signed on the steamship ‘‘ Los- mar’’ for a voyage to the west coast of the United States, and on the way down to the Panama Canal commenced to have severe pains in his right foot. On March 11th he re- quested to see a doctor, and on March 12th he was taken ashore in an ambulance to the Gorgas Hospital. At the Gorgas Hospital the findings and diagnosis were as shown on the abstract from his clinical record there, which has been marked Libellant’s Exhibit No. 2, and which I ask you to look at. Assume further that on March 27th, 1935, fifteen days after his admission to the Gorgas Hospital, the fifth toe of his right foot was amputated. That he remained at the hospital until May 4th, when he returned to the United States, arriving at New York on May 13th and entering the Marine Hospital at Ellis Island. That at Ellis Island Marine Hospital his ailment was diagnosed as _ ghown on the abstract from the clinical record, which has epee RRR IAANE AGE LO RUIN NS te Jay PAR ire: 1935, was a competent, ‘producing cause of the Buerger’s been marked Libellant’s Exhibit No. 3, which I also show you. Assume, as shown by that abstract, that he remained there until August 7th, 1935, when he was transferred to. the Marine Hospital at Stapleton, Staten Island, New York, where he remained .until October 3rd, and that at the Stapleton Hospital the findings and [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386010_0313%3A1. Public record. Not legal advice.