Transcript of Record — Gallick v. Baltimore & Ohio Railroad

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“LIBRARY "S

“IPREME COURT. UL &

VOLUME I

TRANSGRIPT OF RECORD

o-_

raaevones Ceiae of the United States

OCTOBER TERM, 1962

No. 16

JAMES GALLICK, PETITIONER, s

' v8.

THE BALTIMORE AND OHIO

RAILROAD COMPANY.

ON WRIT OF CERTIORARI TO THE COURT OF APPFALS OF ‘THE

STATE OF OHI0, CUYAHOGA COUNTY

; , =

PETITION FOR CERTIORARI FILED MARCI 3, 1962

CERTIORARI GRANTED APRIL 16, 1962

SUPREME COURT OF THE UNITED STATES

. ‘OCTOBER TERM, 1962 2

JAMES GALLICK. PRE TEEIONER,

is. A P

2s) THE BALTIMORE AND O10

; RAILROAD COMPANY, —

ON WRIT OF CERTIORARE TO CTHE- COURT OF APPLALS OF THE

STATE OF OHIO, CUYAHOGA COUNTY

. INDEX TO°VOLUME I

a ~ A Original Print

Record from the Court of Common Pleas, in and

for County of Cuyahoga, State of Ohiv

/ Amended petition : TESS ' A 1

Auswer to-amended ibis ; : b }

Reply —_. QP ices H 6

Journal entry of ‘sachonen nt for plaintiff on the

special verdict of ‘the jury by Judge Victor

Cohen eed Hi 6.

Exhibits ‘A thru W—sSpecial verdict J 7

dournal entry overruling motion by defendant

for. judgment on special vebdiet 2. Ss 14

Journal entry overruling motion, by defendant ~

for judgment notwithstanding the verdict T 14

Journal entry overrnling the motion by defen-

dant for a new trial . UC 15

Defendant's bill of exceptions Pie 1 45

“Appearances ° : ye 1 15

Bi stimony of William eT

es “direct by Mr. Dudnik ” 4. 4,

a a7 * - a . ~

Rrcoorp Press, PRintERS. New York, N.Y... September 21. 1962

Record from the

INDEX

thereon and objection overruled

Testimony of W illiam: Molnar—=---——_

cross by Mr. Dudnik

, Offers in evidence

Testimony of Walter Rady —

~ direct by Mr. Dudnik

eross by Mr. Dudnik

William Clason—

direct. by Mr. Dudnik

cross by Mer. Dudnik

Mrs. Mary Gallick—

direct by Mr. Dudnik

Offer in evidence

Testimony of Mrs. Mary Gallick—

eross by Mr. Hadden

James Gallick—

direct by Mr. Dudnik ~

cross by Mr. Hadden

Dr. Jacob R. Heller—

direct by Mr. Dudnik

cross by Mr. Leasure.

redirect by Mr. Dudnik

recross by Mr. Le “ASUTE

Helen Eberwein—

direct by Mr. Dudnik

Cyril W: Neff—

direct by Mr. Dudnik .

eross by Mr. Leasure

Offer in ev eldence

oa) ie

Testimony of Cyril W. Neff—.

eross by Mr. Leasure

redirect by Mr. Dudnik

reeross by Mr. Leasure

further redirect. by Mr

Dudni® ¢

Leasure

further: reeross by Mr

; : . Original

Court of Common Pleas, in ‘and for

County of Cuyahoga, State of (hio---Continued”

“ . Defendant's bill of exceptions-—Contintied?

Objection to calling Mr. Molnar fer cross-

examination by Mr. Dudnik and proceedings

198 |

213

130

231

233

Print-

INDEX 28

Record from the Court of Common Pleats. an aud for

County of Cuyahowa. State ot Obiie Continued

Defendant's bilkof exesptions. Contimied

Testimony of dames Jo Gallick resumed 0-0

cross by Mr: Madde n a

Testimony of dames J. Galliek® 9° —— ---——

erat redirect by Me) Dudnik 4

OiTersain en bdegiece ae

Testimony of dames J. Gallick i

“ redireet be Mr. Durdnih hs

“Dr. Vietor Ippolite - a

; direet by Mr. Dudnik oie

OWors pf evidence . 256

Testimony of Der Victor Ippolite ‘

airect by Me. Dudnik—* 2a!

Offers incevidener a, SS

Testimony of Dr. Victor Tppolite «resumed

: direct by Mr. Drredntk tht

IN cross by Mr. Leisure . sae

Statement by the Coret Sh

Testimony af Dro Vietor Ippolito (restimed )——

eross by Mr. Leasure G2

redirect by Mr. Dudnik Wu

recross by Mr. Leasure 4

Dro Robin Andersen-

direet by Mr. Dndnik 416

ae, “CTOSS by Mr) Leasure $42

Offer in evidence ‘ Ww

. Testamony of Dr Robin Anderson ;

eross by Mr. Leasuré 0

redirect by Mr. Dondnik * $03

reeross by Mr Leasiure . 474

> Offers in-evidence : , 457

Plainti® re sts _ 459

Court's ruling on motion te strrke each of the

Specifications of newline *hheew . e 195,

Order overruling motion for a direeted Verdict S407!

Testimony af Panl D..1; aria -

direct by Mr Leasure fan

—eross by Mr Dudnik ~ > Age

Fs 2

lv tee INDEX

7 4 Original Print

Record from the Court of Common Pleas, in and for

County of Cuyahoga, State of Ohio—-Continued

Defendant's bill of exceptions—Continued ;

_ Testimony of William Clason— say

é direct by Mr. Lea: ure AT 310

i eee cross by Mr. Didnik 163 320,

Offers in. evidence 82 332

Testimony of ‘William Clason— ta ears. 7

redirect by. Mr. Leasure BY 332

Mr eee INDEX.TO VOLUME IT. °

Testimony of Joseph P. Corrigan— oo seed

el Oak eile _direct by Mr. Hadde ne 590-337

ae ~ eross by Mr. Dudnik 605 346

Offers: in evidence : 38 620 356

Testimony -of Joseph P. Cate . ve

redirect by Mr. Hadden 621. \ 356

recross by Mr. Dudnik 625 358

further redirect by Mr.

~ Hadden . —-, , 44: i

Dr .Louis A. Stearns—

_ direct by Mr. Hadden — 626. 359

cross by Mr. Dudnik - - 635 | 865

redirect by Mr. Hadden 662-381

Excell C. Richardson— ‘

direct by Mr. Leasure— - 665 385

~ eross by Mr. Dudnik . 674 R89

P redirect by Mr. Leasuse 679-392

4 recross by Mr. Dudnik 685. 396 sa fae

~ recross by Mr. Leasure 687 Pt

4% | further = eross by Mr ,

| » Dudnik . 688-398

st John H. Davis— , Tae

direct by Mr Leasure 690 399

eross by Mr. Dudnik 71 2412

redirect by Mr. Leasure 747 $29

recross by Mr. Dudnik) 754 4834 oe

further redirect’ by Mr .

_Leasure 764 440

a ’ 4 ° “.e

INDEX

Record from the Court of Common Pleas. in and for

County of Cuyahoga, State of Ohio —Coutinued

Defendant's bill of exeeptidns—-Continued

‘Testimony of Be nedict Brodzinski-- _,-

direct by Mr. Hadden

eross by Mr. Dudni

redirect by Mr. Hadden

further cross by Mr.

Dudnik :

Elmer: Giese—

direct by Mr. Hadden

, sane CTOSS by Mr. Dudnik

| redirect by Mr. Hadden

recross by Mr. Dudnik

Offers. in evidence

Defendant res}s

Rebuttal

Testimony of Leon. Plevin—

direct by Mr. Dudnik

eross by Mr. Leasure -

redirect by Mr. Dudnik

> PeCTOSS by Mr. Leasure

= . Dudnik -

James R.. Skelly— ;

‘ . direet by Mr. Dudnik

th ete = cross by Mr. Hadden -

James J. Gallick—

‘direct by Mr. Diidnik

mee L ) Surre! butt: al. : .

. : Te stimony of (ads Hecdiaiailts

direct by Mr. Leasureé

cross by. Mr. Dudnik

rn redirect by Mr. Leasure

Offer in evidence :

Plaintiff arid defendant rest :

Defendant renews its motion. for a) directed.

verdict and overrnling thereof

Court's ruling on motion to strike specifieations

of negligence

further. redirect by Mr. z

Te aes

SA7

vi see INDEX:

: : Original Print

Record from the Court of Common Pleas, in and for

County of Cuyahoga, State of Ohio—Continued

: Transcript of proceedings of ‘June 23, 1959 - . 913 o1y

Colloquy _ . aie Mita eeradee ~ 913 ALS

Statement by court re: : instpeietions _ 827 -: 516

Transcript of proceedings of June 24, 1959 - + WSR 522 |

Defendant's requests for submission of special * + | Ps

interrogatories to jury “ ...- r . 988 -. 522

Charge of the court —. » 1040 °. 534

Colloquy re: charge of the court. : . 1066 548

Transcript of proceedings of June 25, 1959 - 1072 551

| Question submitted to court by jury 1072 551

_ Transcript of proceedings of June 26, 1959 * “1076 553

-. Judgment for plaintiff = 9... - 1091-52

‘Judge’s certificate to bill of exceptions | ' "1103 568

Plaintiff's Exhibits:

~. No. 12—Blueprint of Survey of Adee—under’

and around the Columbus Road Bridge, June :

9, 1959, prepared by Neff.& Associates 1105a . 571

No. 13—-Marymount Hospital record of the ett

_ first’ admission .. ; 1105b 573

No. 14—Marymount Hospital record — ee, a ae

second admission a *1105f d77

No. 18—Highland View Sagahows County ig

- Hospital record - oe -1105m 5S4

- No. 20—Mary mount : Hospital bill (3 pages )-> .

June 4,1959 - 1106 588

No. 21—Cleveland Clinic bill (7 mages) 1107 591

No. 22—Highland View Hospital-bill (1 page) 1108. 598

No. 23-A,. B. & C—-Signed statement of wit-

ness, William Clason (3 pages) 1109 599

No. 24-A, & B—Signed statemént of witness,

Joseph P. Corrigan (2 pages) 1110 602.

Defendant's Exhibits A, B, C. D, E, F—The med-

ieal record of Dr. Heller (6 cards) 1111 ‘604

G-1 &G-2—The Baltimore &.Ohio Railroad

Company, Time return and delay report of

yard train employ ees, dated: August 10, 1954

and August 12, 1954 ; 1112 610

“4

INDEX

Re cord from the Court of C nmon Pleas, in aid for.

" OnDTY of Cuyahoga, Siave of Ohio -Continued

Defendant's exhibits—Continned ;

—AiL—The Baltimore a d Ohio Railroad Com

"pany, Report of Personal Injury, Form 790

L-f and 1-2—Signed statement: of plaintut,

James J. Gallick, dated August 10, 1454...

~ K—Map of City of! Cleveland showing Inter-

cepting’ Sewers in Cuvahéga Kiver Valley

N=Blueprint—Station Map—-Track, The -Bal-

‘timore and Ohio Railroad Company

Proceedings. in the Court of Appeals. Eighth Ju.”

dicial District, State of Ohio, Cuyahoga County.

Opinion, Hunsicker, J.

Journal entry of judgment |

Nofice of appeal to the Supreme Court of Ohio

Motion of plaintitf-appellant to certify record filed

in the Supreme ourt of Ohio ~~

Notice «of éross- appeal” ‘to the Supreme Court of:

Ohio

Motion of defendant: iott~ to certify. rec cond filed

ein the Supreme Court of Ohio >

Assignments of error

Cross-assignments. of error

Statement of: questions prese nted

The Constitutional question :

The matter of public or great general interest

Proceedings in the Supreme Court of Ohio

» Journal entry of ‘order. overruling plaintiff- appel-

lant’s motion to certify’ record

Journsi entry of ¢ orde rr. ‘overruling defendant-

appellee's cross-motion to certify record

Journal entry of order sustaining motion by defen-

dant-appellee to, dismiss oippeal of — plaintiff-

appellant as of right :

Journal entry of order dismissin® appeal as of

right of plaintiff- appellant oS

“Applidation of defendant-appellee for re Svadiin of

its cross-motion to eertify

Site

1114

1115

T1i6. -

> 1117

1117

1131

1133.

1135

113s

1140

1142

1144

1145

1146

1147—

114s

“1148

114s

- 1148

114s

1150

612

G1...

615

617

G1s

618

629

* 631

632

633

63-4:

634

636

637

“638

639:

639

Miii ; _ INDEX | *

“ Original Print

Journal entry of order overruling the application

of defendant-appellee for rehearing ‘of its cross-

motion to certify Shite 1152 642

Notice of appeal to the Supreme Coy of the un

a RE eee On aN Pee aae 1153 642

Order allowing certiorari pakes ; : 1155 643 .

: ®

P ie 1 :

Itol. \j

IN THE COURT OF COMMON PLEAS IN AND

FOR COUNTY OF ‘CUYAHOGA, %

STATE OF OHIO

No. GO7202,

wae

Jamis Ganiacn, Plaintul,

Vs. . - — ee cee

Tui. Bantimonre axp Oui Rawwoay Co Defendant,

AMENDED Piritiox--Fijed Septeniber S. LISS a

Now comes the plaintift and after having duly obtaimed ‘

leave of court files this his, gimended petition. Puaiiti’

for his cause of Action. save that at all tifnes he reimallered — s

the defendant was’and is a railrotid Corporation. orsanicd.

and existing under the iaws of the State ot Miury land, snd a”

Was at the time of the occurrenceshercim set forth and as”

now. ¢arrying on its SINCSS Us an interstate cendnen

[fol B| carrier ®t! pasgens YS and Preteh? within the juris

diction oF this court; (iat ajall times herein alleged. plain:

tiff was and is a resident of the City oot Paria, Counts os

of Cuyahoga and State of Ohio, emploved by the de remedant

as a-Yard Foreman, in whieh) expacity the plaintgt wit

engaged in the movetnent, switehing and ehussiiedton ot

freight cars on tracks ofthe defendant located in the

_ ¢inity of Lime Road and the Colmubus Road Bridgee un tie

City of Cleveland, Conny of Cis ahora, Brartecor Oe: Mos

He action of “plaintiff is brought under, aml IS coverneck by

the provisions .of the Federgl Employers’ Lisbility Aet,

oto USCA, Sections o1-59 ance Aime iétinents there ‘tos that,

fhe work Maties of the plaintiff at all thies herein ihe weal?

substantially affected tid were in furtherance of egnter-

state commerce, 5

* Plainti? further sav ‘that in theanonth of ANueust, 19542"

the exact date and thie bees nee rin, Khe Wars ener 0,

in the performance of his duties involving the movement,’

switching and classification of railroad freight cars at de-

fendant’s tracks located.in vicinity of Line Runt and the

— Read Bridge in the: City of ‘land, County

{ Cuyahoga, State of Ohio; that -mclose. proximity: to

aiid “troite in August of 1954, and for a long time prior

thereto to the knowledge of. the defendant, there existed: a

pool of stagnant water on premises in the possession of and

Junder the control of defendant into which was aeccumu-

lated dead pigeons, rats and various forms of bugs, lice and

vermin; that plaintiff was required to perform his work

duties in close proximity to said area; that in the month-of ’

August, 104, while performing his usual and customary

work duties in and ‘about the Columbus Road Bridge and

‘Lime Road tracks of defendant, the plaintiff was bitten by

‘Tfol. C] an insect following which he developed serious,

painful and disabling injuries as will be deseribed herein-

after.

Plaintiff. further says that the deferidant was: neglige nt

in the following respects: . . @

1. In that it required plaintiff to ajetorw his work

duties in close proximity to an area which was known

by the defendant te be infested with de ad pigeons,

rats, bugs, lice and vermin.

” In that it failed to drain said stagnant pool of

water which would have eliminated the hazard te the

health of the employees compelled to work in the vi-

cinity of said area and more particularly, this plaintiff.

“>:

3. In that it failed by the use of chemic als or other-

Wise te eliminate’ from the said area where plaintiff

was required to work the accumulations of dead pig-

cons, Tats, bugs, lice and vermin, although it) knew

of said Condition which existed for many years prior to

the injury to plaintiff.

that it failed to provide plaintiff with a rea-

sonabhy safe place in°which to perform his work duties.

d. Tf that it failed to inspect and spray the empty

freight cars being moved, switched or classified in the

atl

ee . ; bs 2 P ‘ 7 . LJ

Vieinityeon the track of the defendant near Lime Rezd

and the Coltumbus Read Bridge te pad thecsdimee of in

sects, bues, tree amd verniim.

stademant wither tecceerniaite dead: piweone, rats. bus,

nad Verh. Insects Wwaotiteh be gattraed: tes sid: dred,

und that its caploxees veuld have te works under un

Chhealthtad amd umeamitary condithons,

Plainti® further says that by reais of gad im conse

quence of the foreroine fre digent aets amd otussions of

fol Dy) the defendant. andeas the direct and proximate: re:

sult thereat, lie wits catised te be bitten by aan insect pehiel

caused his system to become poisoned and whieh resulted

In the fortuation of deep. meyite tleerations with craimine

“about lis extreniities and Hedy, Whieh condition has net

abated with thine.

Plaintity further saves that as ao result of dis injuries,

had been hecessary for hin te underce extemsive hos

afveorenerenaes nredical-care and attention, and surcery, for

al of whieh he has sustained ONE whee, the fall extent ani

qinount of whieh is, as veto aumieeertaingble tesmiudi as

plaintiff is recers ine tiedical eire and atte ation and hes:

jaitalization at the time ov tiline Wiis, his wnended: petition,

PlaintitY further sass iter his induries hae necesfitated

surgery for the amaprtation of hath bers, Uist ie is fon

fined to his hos pits bed and a wheel ehiar and will remain

sointo the indefinite fiture,

PlaintitY further says that lis amgarie. hace enused hime .

to suffer an extreme weieht dos. ; and neeessitated that he

constmne dare qutntities of hareoties Ioan attempt tore

lieve his pain, eas

Plaintiff further sas> thatas a result of his injuries: he

has suffered and will sutfer preriag inentis Prom pain. wrent

mental anemish, eXtreme nervousness. an inabylity te ob.

tain normal rest, wereht less. eosmetie disfigurement) an.

inability to eet oboutoand extreme Worrs. crief andamnxiety,

Plaintify further sats that his iniuries have rendered

him an invelidi end that be need= constant Gari anc at-

tention te livs person,

Plaintift further says that prior to the foregoing ocenr-

renee, hy was regularly employed, earning and eapable

[fol. ER] of earning substantial wages but that as a result

of his injuries, as aforesaid, he has been rendered totally

Incapacitated. from restuning his railroad -oceupation or any

other gainful occupation whieh condition will continue inte

the indefinite future,

By means of and in conseqtence: of which plaintitt has,

heen injured and damaged in the sum of Seven Hundred

Fifty Thousand Dollars ($750,000.00), '

Wherefore, plaintiff? pravs judgment from the defendant

herein in the sum of Seven Llundred Fifty Thousand Dol.

lars ($750,000.00). .

A. H. Dudnik, Meyer A. Cook, Attorneys, for Plain-

tiff. Ns “4 .

® —a -

IN THE Covert of ComMoN PLEAS

Axswer to Amespvepn Petirios—Filed December 17, 1958

First’ Defense.

Now comes defendant and for its first separate defense’

to plaintiffs amended petition admits that it is a railroad

corporation organized and existing under the laws of the

State of Maryland, and maintains certain tracks in the vi-

cinity ef Lime Road and the Columbus Road ‘Bridge in the

City of Cleveland, Ohio; admits that during the month of

August, 14> plaintiff was employed by defendant: in the

capacities of yard foreman and yard helper, engaged in

the movement, switching, and classification of - cars

over certain tracks of defendant lecated in the City. of

Cleveland; adynits that plaintiff enuse of action is brought

[fol. PF] under the ote peers of the Federal Employers’

Liabilitwe Act, 45 UL S. Cl AL 6551-59) as amended: amd

adits that plaintiff's pe ax vard foreman and vard

‘helper were in furtherance of interstate commerce,

Not intending to deny that plaintiff may have been re.

quired in the course of gis duties as yard foreman or vard

helper to be. present from fime to time during tlie. month

of August, 1954, ator near the trac ‘ks of defendant which

: 5)

. ; .

are locate alin th 4 Vie nity of Line Reel sone thier ‘ohambus

Road Bridse. or that plsintiid bas satletye Nous series

vam pain’ al disability sebeegient te: Nagust, PMS phaintatl

does deny ferednek oi kro wiedso thet therm existed at

thitt time at peeled steenant water er ether unscmitery eon

dition fer whieh the chet ennctaunt Wats Pesponmstble un the vi

einity ef its treeks cat Loree Revel andthe Coluredus Rese

Brieless dlemies thaut pele’ at iiy’s ies. or abisertse: wits prend

mately extised or eontribeited: te by tho meulionenee af this

thefemelant. ifs saremts. servants. or enables, either im thee

respects alleged im the guncided petition or in ake ether

biainner, ane speej tient ly denies the existence of ame eon

nection Whatsoever between the condition of defendant’.

tracks and readbed and the inseet bite allewedly sistaimed

by plaintift while employed as ca vard foreman or vir

helper for defendant durin the month of Avert, DOL.

Purther an-wertne, defendant sav< that of it) be trie

that the Wness or disen-¢ from whieh olamtdt now soffer-

Was enused or contributed te bw am insert bite sustained

Oby him on defendant’. premises or elsewhere, the likeli

hood of dari and comsequemces te plaintiffl therefrens:

fol. G] were bevond? the reali of reasonable probsabilite

or foreseenbilitvy with the result that me ghaty aroege reer”

ing the exercise of eare by defendant to peresteet olasmtilt

from anv sueh risk: and defendagpt further sas~ that if it

should be found that sneh risk sheld have been foreseen by

this defendant. né renseniahle method or meen. was avail

able te it whieh could have eliminsted. controlled. erenap

preciably reduced the niniters OM thts Of insert~ im and

about its pretises.: . * (

Further answering, dete nelant denies entch inde every ab

lew ation contained in plaintifl’s amended petition save and

Nee} it these hereinabove « Npires=Ts stebinittead ter Doe trite.

Second Defense. - @

Por its second senate defense te pelsvinat eft ’s sennvetnededd

petition, defendant iIneerpebates hereint bw reference and

makes ao part hereet the preecding portions of this ifs

answer and sav~ that if it sheuhd be found that plaintitls

disability Wes enused) im whole or im part ben thie merceicce mess

6 -

Of this defendant, which defendant specifically denies, then

neither said disability nor the insect bite which is claiiued

to have oceasioned it constitutes an “injury” within the

meaning of the Federal Einplovers’ Liability Act, and that

plaintiff may not recover in this action. * °

Wherefore, having fully answered, defendant prays that

plaintiff's amended petition, be dismissed and that it may

go henee with its costs without, day. :

Baker, Hostetler & Patterson, Attorneys for Defen-

dant.

[fol. H] - poy Sete

Ix THe Court or ComMon PLEAS

Rerry—Filed June 16, 1959

For his Reply te the Answer of the defendant to plain-

tiffs: Amended Petition, plaintiff denies each and every

fact, statement and allegation contained therein save and

except such as are an admission of a fact, statement. or

allegation contained in the Amended Petition of Plaintiff.

For his further Reply plaintiff re-alleges and = re-avers

the facts, statements and allegations ‘contained in- his

Amended) Pétition, and) prays for’ judgment as in’ his

Amended Petition he has prayed.

A. H. Dudnik, Attorney for Plaintiff.

In THE Courr oF ComMMoeN PLEAS

Journal Extry of Jtpgement—July 20, 1959

The Court finds that the jury in the within eause was

duly impanelled and sworn; that praper request: wits nade

to the Court ‘by the defendant for a special vetdict as: pro-

Vided by law; and that a-special verdict was returned by.”

the jury. .

The Court-further finds that..the photographic copies

annexed hereto as Exhibits “A, B,C. D, E. PY G. EL I J,

K, LM. NL O.P.Q, ROS. TSU. VW" are an exact repro-

(fol. 1] duction of the original special verdict returned by

Vie jury amd anade a partoet the record at the within eats:

mel that sali Fixhibitsanmesed herete as” bexhiabits A

tired Wodenstitite the verdiet af the jury, 4 =

The Court pee Pras sate-toed teat Daahabit. A throguch

Wate xed hereto com-ftithte thee verdiet of the wey the

Court Kerelis Gneopparites The aise Hy peferenen dis part

of thi Is pie al dents as r eauloeNobess hy rewritten herern.

Tee Coukt farth re findy that preter request wits minde

by the defendant fer the subsoisstom of ae separate timding

"of tact Ie the yours ete that dehabit oN game edd dreretes

Imanmesaet plotecumedie equ. ad the finding of fret cet the

jury. JPite Court therefore caecorpens ites fiaxhibit oN" as

annexed hereta as a part ofthis Journal & ntry as thouch

eXpresstv rewritten herein,

The Court being oftthe opinion that the special verdict

Of the ary gs roterred te guid operated \ithin this

Journal Mntey and annexed herete ws Rixtubits Ao throweh

W is sittieient in faw te Peeuipe de iduaent for the glam

tits amd the jury by std special verde having fonnd that

plaimiths diaiceres ae Sin Hmndred Pacenty Bice Thon

sumed Dellars O86 0000): gad the Coot decarr of the

opinien that the finding of faet oof the darv. as referred te

andcineerperated vathin this Pearnad Entry gad ammexed?

hereto as Exhibit (Nis coms stent with the verdiet of ile

Jury itis hereby ordered that leantit reeover of the de

fondant the said semi of Sin Tiindred Paeenty Rive Phen

same Phollars (860500000000 for whietl: sar, with the east.

of this aetion. iudement is hemeha oremdered: da favor of

pheimtitY sad aeccnest the dete meant,

lfeol. Fi Serer Vi noe H

bextibat

We, thes gris. decane tret daly itipnedled: cand sweern

ened betme three fereth sr nea ot the whole snraeber

thereo!, de Moved bey the hg ii hes etal t af 1} da gry ude TGs. Tie

followin dheeTermitmatige tssites im this eanuse:

1. Wied se teal ot stan: int Water exist under te Colin

Pes Rested Bridee durin the ontureseariy port or Naweust,

54° Yrs, (

(Names of twelve Jurers otittedh )

. Exhibit B.

We, tHe jury, being first duly impanelled amd sworn,

and sito three-fourths or more of thes wholes muniber

thereof,do tind by the greater weight of the evidence the

following dete rmiimatiye issues in this ease,

2. Was the pool of stagnant water on the preinise: ~ of

the defendant B.& O.? Yes,

(Names of twelve jurors omitted.)

' Exhibit ¢

We, thee jury, being first duly cimpanelled and) sworn,

and being three fourths or more of the whole number

thereof, de find by the greater weight of the evidence the

following determinative issues in this cause:

3. Uf the answer to 2s ves, was the defendant Bo & ©),

In possession of the pretnises under the Columbus Read

Bridge whereon the nuedad Water stood?) Yes.

(Names ol twelve jurors omitted.)

(fol KJ | Exhibit D é,

We, the jury, bejne first duly impanelled amd sworn,

and being three fourths or more of «the Whole niunnber

thereof, de fine hy the greater weicht of the « Vidence the

following determinative issues in this eause :

4, Did the defendant B. & O: have under its «control

the premises under the Columbus -Road Bridge wherein

the stagnant water stood?) Yes. of

(Names of twelve jurors omitted.) ee :

Exhibit E |

We, the jury. being first duly umpanelied and. sworn,

and being three feurths or qore’ of the whole miniber

thereat, do find by the greater weight of the evidence the

following determinative issues in this canse

” ; % . °

. : TP the aw. Mee spttesttente Noe 2 pn Sess did ches

Petes see t taaliate: under ties. bericdoes in Thos staeerngmt Witter

: Vos, . ' — ae 4

® .

————: ~ Names offen.

€

; ee Bxhutie pe ; 4

_ 7 Wi, Voy Pe wee

oo mel Beier th pee neat

hie Reape eopayr??, de i

treipcette Td copped ~Weern,

~ eu ' ethae ? ’

he ay owed reriner bee

?} Peg, odes “rial cs ae eet ecm yee 4:2 oo ies tvdede Phere “| és

, PeTWites aleterp ope, 5 5 2 Us Ser eat fee :

. OF. the: newer tu NX Py

He Nes MI chested pent see Tr

litte: Utider tive ber gede-

SUM the stain avate ge y

‘s-

(Namie Of tite Witenes omiitte da ,

mies i eat 4 ; ‘

1 Be hikiis _; ar

. ~*~ : / i

a* «4 ‘ We, ties” yie’s i

. . Sta

Sc | ae FT es idiots Peed med erp,

i WMD bet thee RSTO MET) me TPT Ly ph

} +] fe j ‘ - iff f .

| - : = ee Philtsghoeey 4

thiespernsy, thes ‘ hed brs Tite i 8 CY oe «Wee foo Tyser @ bebe Spaces Pye.

? . “e | ‘ wy . Pa

Paria eT Ome i Pere

Pedlow ie eternity.

"ae AD the answer %, Ni, 2 is Germ, abieh Vern seein

latte under the bridue un the “Malnitat water! Yow

PE ie ot Narain YOO tWetve jiareps RIT PP

. “ + - - \ . .

cane - . ‘ a iy * kixhibis II. oh Sad

. P 5 e . ; 2

We, the Vian. Pern teed drity rset sted med sweorp,

1, ? ; , ° , ‘ '

o“ bg ane Tr ite To: f% . Deserts: or bifeter Pani Pegs Va bree }e® Nitiesheeg.

--° thereat ape Smell des thes sete ees BES, ofthe any jbo mere the

: eo felbow sree detertiimatices imate This cance: :

F P P , Pre . p

ae 2 6S OP tht answer te Ste \we ss died Inne. Meeting liats

7 ineder the Iwisdes iy erh, “Eni water! Yes

. - - . .

— (Names of twolye JUTOrS cnnitted 2

; > aoe . e

bos tiitee L. —

‘ : i ae .

ns ~ me the Pa Ce Te odigts Mitemgthed ame ~WOrn,

umd beams tipe. Peutths or tire of Dees WM beodes ppeapsabes

a : 3 ; P

a bad °

10...

thereof, do find by the gréater weight of the evidence the-

following determinative issues: in this eause ;

9 Was plaintiff required: to perform. his work duties.

in close proximity to the area referred to In question No.

uM Yes..

(Names of twelve jurors ‘omitted. )

[fol My. Exhibit J ol eee

We, the jury, being first duly impanelied and sworn,

and being three fourths or more of the wholes number

thereof, do find by the Qeater*weight of the-evidence the

following determinative. issues in this cause:

10. On a proximately: August 10, 1954, was plaintiff

bitten by an insect? Y on. | «.

(Natwes of twelve Jurors omitted. ) : th

iwhibit K

We, théyury, being first duly impanelled) and) sworn,

and being three fourths or more of the ywhoele number

thereof, do find by the greater weight of the evidence the

following determinative issues in this cause:” — *

11. Tf the answer te Question No. 100 is ves. was. he

bitten while performing his usual and customary work

duti®? Yes. tae eae

(Names of twelve jurors omitted.) -

Exhibit &

We. the jury, being first duly cimipanelled and) sworn,

and being three fourths or mere of the whole number

@thereot, do tind by the greater welglit of the evidence the

following determinative issues in this cause: ae

‘Tf the answer to No. Ors ves, Was he bitten’ Mear

or yea the Cohunbuas Road. Bridee? Yo: s,

(Names of twelve jurors omitted.)

| SOR —

fe Bi \ Eshibit Mo. *

We. the jury, being first duly impaneiled and sworn,

und Voevinnse three Nourths or qnore ef the Whole nuniber.

thereat, do find. by the orenater weight of the evidenee the

following determinative dsstles im this enuse: %

Io: Did the defendant Boo& Of provide the plaimtiff,

Mr. Gullick, a reasonibly sate place to work under the

facts and cireuinstances existing ak the time?

sury cant deeide on this question.

Mixhibit Nv ‘ .

— AWE, thee quires. bere first duly dipanelled and> sworn,

and beige three’ fourths or iore of the whole number

thereat, de find by the ereaferowermht of the evidence the

following determinative issues in this’ cause :

14. Uf the answer te question ] is Ves, did) the defen-

dawt Bo QO. Knew that by permitting the accumulatiop off

sud pool of strenant water, dead pigeons, dead rats, bugs

and vertnin would be attracted ta said areal Yes. >

(Names of ten jurors omitted. >

exhibit O “-

: We, the jury, being first daly iinpanelled and) sworn,

Sand cbeine three fontths or more of the whole number

thereal, do fine hy the ereater wereht of the evidence’ the

following determinative issues in this eause: |

In. Te the answer to T4#is ves, did the defendant BoA O.,

“know that itscemployees would have te work in thisdirea?

Yes.

(Names Of ten pirors omitted.)

fol | Exhibit P

We, the jury. being first nly impanelled and sworn,

and being three fourths or quer of the whole mumber

thereof, de fm be the eprenter wereht of the. evidence the

following: determinative dssiies im this eause:

-% ™ :

. ; } ®

. ‘ ; od

16. Was +the defendant negligent in one or more of

the particulars alleged in the petition? Yes. 3

(Names of twelve jurors s omitted. )- ;

Exhibit Q.

— We, the jury, being first duly impanelled and sworn,

‘and, being three fourths ag more of the ‘whole number

thereof, do find by the greater weight of the evidence the

following determinative issues in this cause:

17. If the answer to Question 16 is yes, indicate ‘in

the words of the petition the acts or omissions which con-

stitute defendant's negligence.

There, existed a pool of stagnant water on premises in,

~ the possession of and under the control of defendant into

Which was accumulated dead pigeons, rats and various

forms of bugs and vermin. on

(Names of ten jurors omitted.)

| Exhibit R

We, the jury, ‘being first duly impanelled and «sworn,

and being three fourths or more of the whole number

thereof, do find by the greater weight of the evidence the

following determinative issues in this cause:

18. Was the illness or disease from whieh Mr. Gal-

lick now suffers caused in whole or in part by an insect

[fol. P] bite sustained by him on defendant: B. & O.'s prem-

‘ses? Yes.

(Names of twelve jurors omitted.)

Exhibit S. \

We, the jury, being first duly impanelled and sworn,

and being three fourths or more of the whole number

thereof, do find by the greater weight of the evidence the

' following determinative issues in this cause:

19. Were the injuries to the plaintiff proximately caused

in any part, even the slightest, by any one or more of the

acts or omissions of the defendant? Yes. .

(Names of twelve j juvors omitted.) ~

—_

Exhibit: T.

We, the jury, being first duly impanelled and -sworn,

and being three fourths or more of the whole) mumber

thereof, do thal by the greater weight of the evidence the

following determinative issues In this cause:

LO, Tf the answers to any ene of the questions num,

hered 1.9, 6) 7. and Mie is Ves, Was there any reason for the

defendant Bo & OL, to anticipate that such would or might

probably a result ina npr ie or an injury?) No.

(Names of ten jurors omitted. )

Exhibit U.

We, the jury, being first duly impanelled and “sworn,

and*being three fourths or more of the whole) number

-thereot, do find*by the greater weight of the evidence the

Yollowing determinative: issues in this cause:

[fol.Q] 21. Was there a preximate causal relationship

to the stagnant water, the dead rats, the dead pigeons, the

insect bite and the present phy — condition of the plain-

tiff? Yes, !

(Names of twelve jurors omitted.)

Exhibit -V.

We, the jury, hein ‘first duly impanelled and sworn,

and being three fourths or more of the whole number

thereo!, do find by theereater weight of the evidence the

following de ‘terminative issues in this causes

22. If the answer to Question 21 is ‘ves, was it within

the realm of reasonable probability or foreseeability of the

defendant B & O to appreciate this proximate causal rela-

tionship between the stagnant water, the dead rats, the -—

dead pigeons, the insect bite and the present plivsieal con-

dition of the plaintiff’ No.

(Names of twelve jurors omitted. ),

‘Exhibit W.

We, the jury, being first duly impanelled. and) sworn,

and being three fourths or more of the whole number

14 aa . ? 1 - .

there of, do find by the greater weight of the evidence the

followi ing determinativ e issues in this cause:

23. What amount of money will ‘compensate ‘ie plain-

tiff, James T. Gallick, for his injuries and damages, if any,

resulting proximately from this accident? |

$625,000.00.

(Names of twelve jurors omitted. )

Exhibit X.

Interrogatories.

ad(a) W here on plaintiff's body was his first ade in-

fection? .

Answer: Back of left le& approximately 4” above knee—-

more to the outside. ‘ ,

(Names of twelve jurors omitted. )

‘ 2 ey _ ¢

[fol. S] | ;

‘ IN THE.CotrRT oF Common PLEAS

“D7 No. 697202

[Title omitted] ° Rees ‘

he RNAL Entry July 16, 1959

Detonlinnte motion for _ judgment on <preial verdict.

Overruled. 7

Victor Cohen, Judge.

[fol. T] , ‘

In THE CourRT oF Common PLEAS

No. 697202.

[Title omitted]

, JournaL Extry—September 29, 1959

Motion for judgment’ notwithstanding the verdict. Over-.

ruled. ; to

Victor Cohen, Judge.

‘. ;

o “«

: ba

ah ~

ffol UY]. : ; : ; ; 2,

: [Nothin Cocerror ComMon Prieas Ge

awe, O97 202

; L

ITithe omitted |) .-

’ Journan Eyxrry September 20, (a9

¢ ’ > .

Defendant. Baltimore and Olio Raitroaud motion for a

new trial is hereby overruled. Novreeord,

Victor Cohen, Judue.

j ; : ° .

{fol. 1] oar

The State of Ohio, ) §

- County of Cuyahoga) |

IN THE Covert or ComMon Phas

No. 697 202

James T. Gantick, Plaintiff,

—

DaLrimork & Ode Rarmeoap Co., Defendant. .

‘DEFENDANT'S BILL OF EXCEPTIONS :

APPEARANCES:

On behalf of the Plaintiff: ALTE. Dudnik, Esq. Marshall

I. Nurenherg, Esq. bie ee Sek |

On behalf of the. Defendant:: Baker, Tostetler &. Patier

son by Thussell Ie. Leasures sq. dnd Alexander PL. Hadden,

Esq. . P

é ,

Nlfonso Romito? Official Court) Reporter, Cuyahoua

County, Ohio. Ge Pie,

oe _ e ; * / *- *

216 :

[fol. 22] ° Thursday morning session, 0:15 A.M... Juné 11,7

1959. fen ce

. ‘Plaintiff's Case

The Court: The Plaintiff may call his first witness.

Mr. Dudnik: Will you cali William Molnar?) If vour

Honor please, the’ Plaintiff calls Mr. Molnar for cross-

examination under the statute.

Mr. Leasure: [f-yvour Honor please, the Defendant should

like at this time to interposesan objection to any éross-

examination until it has been-established, until the founda-

tion has been laid under,the statute which we have discussed.

The Court: Lass une that counsel for the Plaintiff: will

establish the foundation.

Yow may proceed.

‘

[ fol. 23) Thereupork the Piaintiff, to maintain the issues

_vndiis part to be maintained, ealled as a witness Winns

Mounxar, who, being first duly sworn, Was examined and

testified as follow s:

Direct Ctieaaiaret William Molnar.

By Mr. Dudnik:

/(Q. Mr. Molnar, | want you to speak loudly and clearly

enough so that all of thesé folks can hear you. Will you

state vour name, please? fia”

A. William Molnar. .

Q. And where do vou live, Mr. Molnar?

A. 7102 E}ton.

Q).. F-l-t-o-n?-

A. Yes.

Q). Are voua family man, sir r

AL Y¥ CS, sir. s

2 Where do vou work?

. B&O Railroad.

3 Low long have von worked for the B & O Railroad?

A. It willbe 14 vears in August.

Q. And in what capac ity do you work there?

A. Asabrakeman. - 4

Is that also sometimes known as switehman?

NX: Yes, sir.

}fol. 24) Q. Mr. Molnar, in August. of 1954 were you work,

ing Yor tle Bb & O Railroad :

A. Yow. sir,

().- As a switehman?

A Yes, '

Q. In the month of August of 1954 what job were you

Working? | |

Av Twas working 250 Seneca Street job.

(). 230 Semen ca Street job?

x Yes, '

Q. How long had vou worked upeto that time!

A. Thad ween on and off it for several vears, |

Q. On and off the job for several years. Now. will vou

explain to this jury and the Court what the 250) Senéea

Street job ix?

AL. Well, vouare switching the freight house and all the

firms on the west side of the river,

Q). How is that done, briefly, Mr. Meinar?

A. Well, when, the freight house is elosed at night. vou

take the loads and empties out. Dake the loads out, classify’

them. and then put the empties in for the next morning

shift to load them up.

Q. Now. this particular Seneea job, this 230 Seneca joh,

does that invelve the area aronnd the flats and around the

Cuyahoga River?

A. Alt the wav down. |

[fol 2 | (). Bee pardon ’

A, All the way down,

(). Are von familiar with thee ‘ohunbus Road bridge?

A. We co under itevers day.

Q). You go under it every day on the 280 Seneca job?

A, 1OR, 4, ;

Q. Mr. Molnar.owlien von say ven geounder it’ de you

sometimes ride under it? | ! :

A. Well. von are always riding on the engine,

Q). And have vor ever walked tinder it?

A. Oh. ves, Phave walked under it.

Q). And is that many times?

A. Well, when they tie the train up you have to walk

under it.

Q. In other words, is it fair to state that in the course

of your work, and in the course of doing your work on the

230 Sencen Jeb, you have occasion often to ride and waik

under the Columbus Road ’br idge?

A. Yes.

Q. Do you know Jim Gallick, Mr. Molnar?

A. Yes, sir.

(). How long have you known him?

A. Well, from the time. from 1945 when T hired out.-

(). And had you worked the Seneca job with him?

A. Yes, sir.

[fol. 26] Q. On many oveasions?

A. Well, he was on the job just prior to this accident.

Q). Were vou working that job prior, to the agcident, too?

A. Yes, sir.

Q). By the way, can you tell us whether there are any men

doing the type of work you are doing for the Baltimore and

Ohio Raroad that are seventy years old or older:

A. Yessir. PE don't know just exactly their ay. I know

‘they are up there quite a bit.

Q). And do vou know that they are in their niudient

A. T imagine he is, beeause | have heard it, it is just

rumor. |.wouldn’t swear to, his birthday.

Mr. Hadden: Your Honor, objection. .

The Court: Sustained. “Just rumors” will go out,

Q. What you imagine and what is rumor we can't talk

about. Now, do you know wh ‘ther there are men working

on that job that are about’ seventy years old?

A. LTimagine he is about seventy.

The Court: The last answer will go out, and the jury

will disregard it.

Q. You say you imagine, that isn’t proper, but that is

all right.” Now, what kind lof a worker was Jim Gallick

before he had his accident !

A. Well, he was a hustler.

{fol. 27] Q. What do vou mean by a hustlet?

“AL Well, hurry up and get our work done. Not KO real

slow.

(

Nae ~\

oa q

(). Was hea good worker!

A. Cicnnd worke "To °

Q. Was he a steady worker as tar ax vou know?

A. Yes. sir.

Mr. Molnar, this saitehing job oon the Seneen Street

io the switeling crew coniesed of four men?

As Well. ar tiat time TP think there was only three, .

Q). What world the Whe ail brakemen or switehmen?

ea Well. there was one cotiduetor and two brakemen,

(). Who gets the tithe of ao :

As The foreman. In the frd therg they are known as

seg: on the road ther are kneown@s a conductor.

And is the oldest switehman on that job. does he get

a lah of conductor, or tdre mun ?

A. Tf he bids it in.

Q. Tf he bids it in, if he asks for it?

“A. But if there is no one else. then the éldest man gets ip.

Q. And besides the three brakemen that wou had*at thet

time, was there an engineer and a fireman wife were part

of it? *

AJ Yes. standard erew. .

(). So the standard trew was eitper five: or siX men, is

that correet, sir?

A. Yes, sir. t

(fol. 28) Mr. Dudnik: Your Honor. at this tiene leall Mr.

~ Molnar for eross-examination under the statute.

Mr. Hadden: Your Lloner. DT should still like te register

the same objection.

The Court: Objection overrals d. ‘

Mr. Hadden: Your Honor may [be heard on that point?

The Court: Yes, vou may. : u

Onsretion to Canmixe Me. ie vn rer Cross Exawrsation

BY Mr. Depxik axp Proctrotxes Thrnrox axp

. OstreTioN OVERRULED P

(Therenpon the following proceedings ocenrped at. the

Court's honeh. ontside the heariig of the jury. as follows :)

Mr. Hadden: Under the statute whieh von so kindly

found for tee this morning, Section 2317.52. as | read that _

9 0 . . & s ; : ; . a

statute it pernits the calling of an employee’ witness upon

‘Cross-examination ouly when it pagum adimitted

that the Defendant acted in whole orlin’ part through the

agent or clmployvee Im connection with the transaction on

-Which he is called to testify.

Now, | do not.think that has been established here. It

has merely been shown that be is a company employee.

This man is going to be cross-examined [ presume on the

conditions under the bridge.

He had no responsibility on that whatsoever, Hs was

{fol. 29} merely a train enmplovee. - a ,

If Mr. Dudnik wants to call him on some other sini ct

matter, he certainly may. 3

The Court: Weil, as I understand it, he oe testified

that-a good part or some of his work’at least takes him in

that. area under the Columbus Road bridge, andsthat he is

a brakeman, and that he worked in the crew that Mr. Gallick

worked ‘in, and I think all that counsel for plaintiff, will

have to show is that this witness in the scope of JhisSem-

‘plovinent did a similar type of work that the plaintiff did.

That is the way T read it, but T may he wrong—

Mr. Dudnik: There isn’t any question about. i. vour

Honor. He is part of the entire transaction. Hle.is part

of the operation of the railroad. He is part ef ‘the ease.

Mr. Hadden: He has nothing to do with the ‘aceident.

Mr. Le easure : In ‘onr opinion, Judge, the statute T-think

very clearly contemplates that the employee or agent shall

he cross-examined only where he has played a part in the

accident or other event that is the subject of a lawsuit.

That has not been established here at all, and T don't

[fol. 30] think will be established in the case of this witness,

The typical example being a tftuck driver who is engaged

in an accident which leads to a lawsuit. He can be called

for cgoss-examination because the emplover aeted through

him in the transaction that led to the lawsuit.

The Court: I don't read it that way, but let's read the

Section:

“When the action or proceeding relates to a transaction

or occurrence in Which it has beem shown or it is admitted

that the adverse party acted either in whole or in part

"vy

through an agentoremplosen” DP think there is mo question

a “a 2 ‘

about that. is there: :

' @ Pe 7 a . .

Mr. Leasure: He is an eniplovee. but it relates to an

OCCUPTenee, 2 Paruieilar eel rence. ¢ “

Mer. Dudnilc: Tt cleres mote

The Court: Tain geing te get te that ‘Sueh agent on

einployvee of the adverse party qiay be ealled’™ he is ah

aventol the adverse parts

Mr. Leasure: But hie is mot stele agent. te: is not such

agent. ;

..°

fol. Ob] Mr. Tadden:' Tle me not ar agent through whom

the [I & Ohacted in comes tien wit inthis transaction, , Fi

Mr. Leasure: Or occurrence, .

The Court: | haven't eet: tothat part Vet.

Mr. Leasure: Go ahead’ Pdidmt want te inte rrupt.

The Court: To will start reading from the beginning

‘again:

“When the action or proceeding relates to a transaction

or oeenrrence in Which it has been shown or it is admitted

that the adverse party acted either in Whole or in part

through. an agent or emploxec, ~~ aventior empioves of

the adverse party may bn vealed as a withess and examined

as if under eross-exany nation Upen any matters at issue

between the parties Which: are ~HewneorGiudmitted: te have

been Within the scape ar oe ayent’s or emplovee’s author-

ity oremplovinent, : ae

“The party calling for gel examination shall not thereby

he conelided bat qaay rebut such daent’s vor ied es Si

testimony hy counter-testiniony,

“The party Whose deentorenmplover ise aalled as a Withess

by the dverse party. and whose agent or emplovee is

a ay , es | . are A. a

(foloO2) examined as if nnider eress oxamiunation= shall net

thereby de eonelnded bat diay redint sel aren ts or ene

Hover ~ te stimony hy CO’ tes *imony,

}

Now, vou may relit this testrerony,

re Leasure: We are net arguing about thedatter part

of this sections but it isthe Urst paragraph. .

The Courts DP don’t thimk there is any atestion in miv

mind that he may testify. ’

Mr. Leasure: On cross examination?

. ¢

The Court: Yes. ‘

Mr. Leasure: Koen though there is no showing that the

gmplover acted through this tian in the oceurrence that is

the subject Of this lawsuit?

The Court: Ldon't think it says that here, a

Mr. Leasure: Then much of the languace is me aningle =¥,

Mr. Dudnik: There asit any question but what this ian

ean testify. Heads an employee. Theis a part of this entire

transaction. He lp a part of the whale Operwhron,

The Court: That is the way “TPoread it, gentlemen, “Thre

‘objection will be overruled, 3

tThereupon precee “lings Were rested within the hearing

[fol 83) of the jury, as follows :)

The Court: The objection will he ove crruled,.

Mr. Dudnik : Oije e ton overruled, our Honor?

The Court: Yes.

Cross examination of William Molnar.

Ds Mr. Dudnik :

Q. You reeail, do vou met. that Mr Galliek had an ae-

cident undernéath the Coliunbus Road bridge seme time in

August of 14? .

A. Well. that's when TP tirst heard athout it.

Q. You did hear about it, did you not?

A. I just heard about it. <1

Q. Now, de vou reeall a swampoor ia ditel whieh ran

alongside of the ratlunder the Cohitnibus Road: bridue ?

A. Yes, sir. %

Q. Ts it neta ~_ that the aWinp Was there as long as

vouean remeniber? ‘

* Yes, =:

Is it not a fact that oon cecasions: before August of

1b: _ ver sawdead pigeons and rats in that swamp!

A. Yes.

Q). Is it not afaet that vou saw theme eonsts imtly,

A. Shale . -

fol 4) Is it net a facet that vou saw thei im goed

we ath v ne had? | pe

AL Yes, - “

Is it net a faet That althonch vou never counted the

Piseon® in that swaltup. there were several im there all the

time? wipe f°

As: Fea! . . -

Qo. Ane dead rats. sir? : |

A. Yeu, : ; .

Mr. Dudnil:: Mark this. ;

“WMammtiti’s Pixkdat Dou iri SU @tecraple was marked

Por pdentigieation bys the reperter) ;

Mr. Prirdans : Mark Hits mest. aePthes next. | .

Plains EX il ound do beine darge photographs,

Were fharked fer a ea HN the: pepeorter)

Q). Pe itanet a faet Wiro Molnar that when these pats amd

pireons, the dened rats cmd poe ons. were Exner am that diteh,

the Te Were bios ameddm-cet. areumed themi is that meta faet,

a : ;

; 1 here is always bugs where the stiemant water wits,

a re ce ex there when the ratsawere there diudthe derQd

pireots were there. Mal Meloaras that meta tae!

A. tts : =

Q). Now. Miro Melnar, : — ve en ae vee A esaaty

fer telemtifiegtion ct Pls - Esiahit 1, ated b>: yeu te

Yad ty foek at thats Phe ven i mtify this Sew Newsir?

A. That ois ander (Columbus Read bradee:

w () Thateis the ditch weodre talhim® abeuts isn't it. sie?

A. Yes.

Vhart Inv Peat ven pefegpecd ter wher von answered tis

Septet ienns, ds at det, :

A. Yes, Eos

L | (hetrern Evie sed ‘ ;

Mr..Dirdnik: Tooffer this ins Viddemew,. vour: Moner, This

Wits trlsen oon Nopeust th. pT 7 toe

T hee Court . WW i thasnt ae io *heoPh. it \ it! Jaye re evived,”

; 2 J L

Now, Mr, Molnar TDohiand wen Plaintits diyhibit’

Number 2. 3 Nhetouraphetaken im Amcusr af 1957: de vou

idemtif'y this seein. sir!

- | - . , . | . - \

A. ‘ : :

That's under the Columbus Road bridge.

Mr. Dudnik: Potter this in evidence, if the Comet please,

The Const: Without objection if withhe received:

Mr. Leasure: Was that taken dn the same diate? ,

Mr. Dudmk: Yes. Nugust 6, 1 7.

Q. Now. sir. EP hand your atone upd liken on August H.

7, narked for identification as (Maigtitfs baxhibit

—— »

{fol 860 Number 8. and ask voulif vou ean identify. this

scene, sir? |

That's under the Columbus Road bridge.

The same diteh, is itnot.sir?

Al Yes, sire

“Mr. Dudnik: Dotfer this in evidences! the Court please,

Thiet ‘ourt:. Witheut objection. it willbe recerved,

pee

Now, Mr. Molnar. PE hand vou what has been marked |

for identification. as Pteintifts fixhibit Number 4. a phote-

graph taker \usust6, Jo and ask vou whether vou recouw-

nize this seeme? Se i : : : ie

A. That®s under ‘the Columbus Road bridlee there. The

High Level bridge. ,

Mr. Leasure:) Maw weosee that We haverm't seen that,

Mr. Dudnics Pam sorry.

QQ Mr. Molnar. we are looking throneh and under -the

bricdoces ny at northerly dire@tiomy, are weemotl ?:

A. Yes, sir |

(). So that this dite! n that We =p nuk of Was on the easterty,

alongs the easterly ral?» aie s .

AL Yes. : es

(). Isn't it a fact thist Why a th, se Deans would die in

that ditei. thes would lay thefe and remain there ter weeks

ftolov | at atime, sir? é

AL Yes, sir. ae Aas

Q. Agdethe men would work around there, sir.

\ Yes, sir. ' ; '

(). Is it net ‘a faet. Mer. er that vou Vourself dado an

experience with abu under that bridge within a couple of

weeks after Jim Gallek’s aeeidl mt? -

A. Yes, sir. 7 ee

ee het,

[fol 46) AL Yes,

Q. Ts it net a fact. sir. that re cooing under the bridge

vou felt something ev: es on your meek and you brushed |

it.isthata fact? ‘

= Yes, sir. . , eee

Just brushed at ‘trom vour neck off thie deft side, sir,

ix 4 ae nota tact? ss

“AL Yes, sir.

(J. A coup a of ininutes i iter Vou fe W hon your right side,

id ‘

C face, - :

Q). And vou putevour hand there andwou felt something

grab vour thaunb, didn't vou, sir? r

A, Y Us, sir.

(). And it yvats unde ravutl the ( ‘ohiabus Avenue bridge,

Was Is not, sir? | ee

A. Yes, sir.

Q. And thon vou stepped te look for it. did you not. sia

< Ae a RCA pA

Q. Because vou knew .of Galliek’s condition, isn’t that a.

[fol dl} taetesir? ee aka ee

AL Well To wanted te find ont what was éerawling on my

neck. TP didn't a What it was phat grabbed ay) thumb,

and | wantedete make sure what it vw ils. ae

Q. Butyoudidm't tind it?

A. We couldn't tind i it. We diinted for about ten minutes,

Now, handing you Plaintiffs Exhibit, th sir de von

a this wood nopiline? .

A. Yes, SIP.

Q. Underneath the bridge? 4,

Av Yes. : * Sate

And it fowms sort of a dium, four-sided dain, does it

not, sir? ‘

A. Yes, a

Q.. And when the water gets in thére, it cannot seep ont,

can it? o

A. No, sir.

¢ Q.. And it remains there?

AL Yes, sir. oe ;

Mr. Sidaik: Srturthe ‘reattestions. Thank von, Ma Mol-

nar. You may step down ind would: Vou have thes man

sti ip Vour sUbpoe hay sir.

Call Mr: Rady. : See

Mr. Leasure: So there is no mistnderstanding, is it the \

[fol. 42] Court's ruling that we gnnot ask this Witness any

questions at this time, that Wwe cannot cross-eXamine him,

or ask him any other questions. on any ‘basis at this time?

The Court: Just a minute. Are vou making a request

now to ask— . a a. |

Mr. Leasure: Tam asking the Court for information as

to what the procedure ise We raised our objection. te

procedure so far. The witness has just “been sumiuarily

excused, and | am as <king the Court what the procedure is

from here on.

Mr. Dudnik: If Tmay Zier vour bor!

The Court: Surely. .

Mr. Dudnik: f do no wish to give the Court advice, but

the procedure as I understand it is that they may call the

Witness as part of their case, as their w itness, any time they

put their ease on. That is the progedure.

The Court: There is no question about that. Counsel for

the defense has a right to recall this Witness as his witness.

(Therenpon counsel and the Court cofferred at the bench:

outside the hes aring of the jury.)

The C ourt: Any request to cross-exang$he this witness on *

(fol. 43] the part of the defense will be denied.

Mr. Dudnik: Mr. Molnar, vou may leave, sir.

———

[fol. 44] Thereupon, the Plaintiff, further to maintain the

issues, on his part te be maintained, called as a witness

“Warter Rapy, who, having been first duly sworn, was

examined and téstified as follows: > y

Direct examination of Walter Rady.

By Mr. Dudnik:

Q. Will vou state your mame in full, sir

A. Walter Rady. . :

Q. R-a-d-y? ° | Q

A. R-a-d-y. ee = i

Mr. Rady. may To impose on vou te speak loudly

enough =) thy bal folks eon hieuur Vou.

The ( ‘ourt » Reed V y

«):

().

Road i. aad

Who rede won live. Mr Rady?

illo Grlembora.

Wehiatedeo | tho, \Ir. Riedy. - ee |

Pin yard brakeman and foreman for the Baltimore

aed Ohio Ralrosad.

().

yok?

(he

How lone have vou been with them, sir. r

Pdicave, been thltre SU veers.

2 N ' . NB oly

of vears. Did von ever work the downtown Senees

On relief. Saturday and/Sundav, ves.

().- And dhal vor work tit: downtown Seneed joboin Tod?

ta $i A. Yes, sir. . .

. dm August of Iho:

Ves, -

> = ‘

That is the job that services the Mat- and Cuyahoga

° a ares

p, Yous. *% ol

— Qo In what e:paeity did vou work, sic?

? Awe b was the sard eee ; ; *

Q. Yard foreman? : :

ne Yard foreman. +

QA foreman is aes ananiber ot th. switching crew, iy he

not! ‘ i

A: That's right:

. Q. Also Known asa brakeman?

"AL Vat’. tight. . °

(). Does theanam with the seqiierity get the for deni’: job!

AL Well, not necessarily. ft all depends whethe * he hid

tin. But Pjusthapge med te bid itim |

‘Q. Do sit pay adittl: more, higher rate? | e\

A. Tt pays more. ves. ; ; er

Q. Mer. Rad. tho vou know .Lim Gallick? :

* AL Yes. Pde. \

Q. You have known him for a Jom tine! ne

‘ A. Yes. Pa

Q. You have wotked with him, hi ive you not

A. Yes, ~

[fol. 46] Q: Good workman, wasn't he?

AL That's right.

Q. Hard worker? : aes

A. Yes.

Q. As far as you know, did he worn steadily?

A. Yes, sir.

Q. Mr. Rady, in connertion with your work on the Seneca

Job, did you have oveasion on the days that vou worked the

Seneca job to be unde ‘rneath _ Columbus Road bridge? .

A. Yes.

Q. And thatas a daily occurrence, ix it not, w hen you are

working that Job?

A. That's right, .

Q. Is it not a fact, Mr. Rady, that you knew that there .

existed & pool of stagnant water underneath the Columbus

-Road bridge, Ix that not a fact?

+ Mr. Hadden: Your Honor— ot

A. Yes.

Mr. Hadden: May I preserye our objection?

The Court: The same objection.

Mr.-Hadden: Inthe future?

The Court: Yes. The objection is overruled and the

Witness may answer, —

i A. Yes.

[fol. 47) Mr.*Dudnik: May the record show Tam calling

him for cross-examination; your Honor.

Cross examination of Walter Rady.

: By Mr. Dudnik.:

(), That is a fact, is it not? \

A. Yes, sir. °

Q. fs it notacfact that this peolof water ran near to-the

railroad as it) passed under the bridge, and there was_

always a lot of pigeons that drank of this pool, and-a lot

of dead ones laving about, is that not a fact, sir?

A. Yes. -

Q. Is it not a fact. sir, that this. condition which I de.

seribed in my jast.question existed in’ August of Ot, ‘and -

before that? _ i 4

AL Yes. -

d. Nind roma long tine before that?

A. Yes,

do Tsattsthata tact. Mf. Rady:

AL Yes. .

Q). Andoin that rae essed area there wars aeenmotated

dead birds, pige ie tae and other vermin, is that note a

fact, sir! . .

AL There were, ves. A

Q. And is this not a fact, Virw Rady. that mest of the

.uectimmlation Was prevalent haean rothat bridae. teat thatea

fact, sir?

[fol 4sj) AN. Well, may | say something art th:

Q. You certainty may, ir. |

“A. DT ewould see pigeons at the bridge. om the Cartes

— bridge, ie oa het

That is the bridge which the B& Ooruns under a litth

Pe up the read?

= Yes, ‘

; Now, my question issds it neta facet thet the comeditian

a thee Columbus: Road bridge was most prevalent!

“~

The Court: Do vou understand the question, Mar. Rady!

A. To understand the question, “Lhe only thing here: I

ee express tiyself better ininy own way.

a . Ewilllet vendo tt, Mr. Rady.

is (" ourt: You are advised toanswer

QQ. Can vou answer the question that Pasked sou. andl

am going to have it read back to vou,

A. Adib right.

(Following question Was rend hy the repartersy) 2 oe

, “NOW, my question is.is it net a faet that the condition

¢: | under the ( ‘ohumbus Road bride Wats Most prevalent

A. Well, as far as pigeons nine Vermin, er whatever von

have, vou would. see them in, under the Columbus Rewae

[fol Any, bridge and under the Carter Road bride

Q). Ts that the two plies vou sew therm the most!

x Yes, that's where Po saw them the most.

30 ah

Mr. Dudnik: No further questions. You may go and

have the gentleman stamp your subpoena.

Mr. Leasure: May we liave the same ruling on this wit-

ness as thte previous one, your Honor?

The Court: Yopare making the same 1 ‘equest?

Mr. Leasure: Let's make it-clear for the record. We wish

to retain our objection to permission for the plaintiff to

cross-examine these witnesses without establishing the

proper foundation under’ the statute. Weare objecting to

our inabuity to cross-examine these witnesses,

Mr. Dudnik? J ask that the jury be instructed ta, disregard °

that statement, your Honor, because this was discissed in

your presence and was ruled on by you, and he made” the

same statement in your presence, your Honor, and | ask’

that the jury be requested to disregard that statement of

counsel,

Mr. Lease: Hf your Rene please, that j is the only way

I can keep the record clear as to this witness,

[fol. 50] The Court:) The jury is entitled to hear what

Mr. Leasure said, and the objection raised by Mr. Leasure,

or the. request made by Mr. Leasure, however, is denied.

You may step down.

Mr. Dudnik: This gentleman wilk stamp your subpoena.

{fol. 51) Ther renpon, the Plaintiff, further to maintam the

issues on his part, to be maintained, called as a witness

WiLtiam Clason, who, being first duly sworn, Was exam.

ined and testified as follows:

Bineet vpssinintlon of William Clason.

By Mr. Dudnik | :

Q. Mr. Clason, will you give us your name in full, please?

A. William Clason.

Q. Will yeu spell your last name?

AL C-l-a-s-o-n.’ ’

Q. Where do you live?

\. 10918 St. Mark Avenue.

Q. What do you do, Mr. Clason?

A. To oam ovard foreman for the Baltimore and = Ohio

Railroad. . | of

Are you here pursuant.te a subpoena?

Yes, bam. |

. How long have vou been with the Baltimore and Ohio?

» Fourteen years, the Ysth of next month,

Mr. Clason, do you know any men who work son the:

I} ; Qhon the same jobs that vou de that are seventy vears

-ofage? or Pes oe

AL Well, really don't know their age. leonky know one

man that may be seveuty. > . .

. . . . °- . .

[fol o2] Q. You only know what le

A. [only know one man that may be seventy. bE don't

“know his age. . rhea

The Courts. The dast part of the afswer may go out, and

the jury will disregard the last part of the auswer,

Do vou know Mi, Muglish, Pat Minis hh?

\. Oh, Pat Knglis hh? Oh. ves,

Q. How oldics Pat Englis h?

»Mr. Hadden: Yout Honor, lets establish who Pat lengiish

is.

) What does Pat lMnelish dos

AJ He is retired right wow. The was ancengineer,

Q. Didhe work on th Seneca Street job!

\. Oh, Ves,

(). Low old was he When he retire “d ;

Q. Had you worked with Jim Gallick in the past?

A. (hi, Ves,

(). On the Ne necg job! ie e

[fol o8 fA Yes. ,

Q. Did you “know him thin? , : .

AL Oh, es. , ,

Q. Was hea ood worker

A. Yes,

Q. Mr. Clason, are you farrliar with the bridwe. the:

Columns Road bridge? \

32 .°

A. Yes.

Q. Have you walked under it many times during your

work? ; ; ,

a 7

Q. And is it practically a daily routine?

. . o . . . .

[ fol. 54] _ Cross examination of Williaa Clason.

By Mr. Dudnik:

Q. Is it net a fact, Mr. Clason, that vou first learned of

Jim Gallick’s accident within a couple weeks after it hap:

pened, and vou learned it from a claim agent of the B& O

Railroad?

‘AL Yes, | learned it from a claim agent of the B & O

Railroad, but Tam not certain about the couple of weeks

afterwards. It may have been, it seems,.it may have been

longer than that.

Q. What is your best judgment as to when it was that

you learned of Jim Gallick’s accide mt?

A. Well, TE would say possibly within a couple months.

Q. Within a couple months, But you can't tell us whether

it wis: within two weeks, or within two months, or how

close? .

A. No, Lean’t remember.

Q). Your outside guess is two months?

AV. [thas been too long age. Pdon't reeall.

Q. Is it fair to state, then, that you dearned of Jim

Gallick’s accident within two months after it Happened, and

you Je ‘armed of it from a claim agent of the B&O Railroad?

ND Yes. °

Q. Is it nota fact, sir. that back in August of 1954 you

[fol. 55) were working what is called the downtown area

job? \

A. Yes, \ aa

Y. To refresh your recollection, sir, did you not tell te

or somebody from my office that after Jim was gone for

about two weeks ac laim agent for the railroad came over—:

ane a : 33

[fol O6) QQ). “Ro refresh veur reeellection, Mr. Clason. did).

yeu net tell sonieene Prem my efiee in writing that after

lim Galltek was heme for ahbent twe wie ke. a elaine gent

fer the rothvoued eaaue ever tated scuted bees woertead at statennienet

from vou? ;

— oa. NL Yes. Paave that stateneent,

Qh Is it meta faet that alemg the east rail umder the

Columbus’ Réad bridge Chere is a db pressed amd: lowered

grea as a result of whieh the re isa Swamp theres is that net

afact?

7, Yes, ? . “.

Q. Us citemet a faét that there always was ahent a feet et

Water or more there. even tn goed weather. cad duro the

rainy Weather it was much wersd is that neta taet!

AL Well, a foot may be pretty deep but there has always

heen water there. ;

(). Give me Sour best jndement of a foot is pretty deep?

a 8 Well, 1 would sy an average of twe or three ineher

all the time. :

Y. Would vou sav that rather than the Fone Whieh von

stated inthe statement? 4°

A. Yes, DP woulch

(). 1s it not a fiiet that it wa- ahe reduring goml weather

ame baud?

oo it was, °

J As it neta feet that Pail Deluria. the section foreman,

an ‘made ~ Veral attcinpts te clear this -wainp up but was

never successful. is that net a fact

A. Yes. hie did work on it te drain it.

QQ. Sir, please? Read the question. Yoit ean answer that.

[fol Os, af DT have stated a fact te vou vou say yes, and if

Lhaven't stated a fact to vou soi <a) ne.

. 4 . ° fo . .

(Following question was Tread by the reporters)

“Ts it neta faet that Paul Delaria. the section foreman:

hind tise several attemmpt= te clear this swipe ape beat

Was never sucesssful. is that mot a faet!”

A. ‘Yes:

(fol. 59] Q. Is this not a fact, that as a result of the con.

dition that existed there, there were quite a bit of bugs, rats,

Insects, and dead rotty pigeons there, is that not a faet?

AL Yes. :

Q. Is this not a fact, that the condition was bad several

years avo, and was still bad in August of “o4, sir?

A. Yes.

Mr. Dudnik: Thank vou, sir. You may step down and

have your subpoena stamped. |

— The Court: Do vou want the record to show that you are

making the same request?) |

Mr. Leasure: Yes. if your Honor please,

The Court: The request is denied., You may step down,

sir. :

(fol. Go]. Thereupon, the Plaintitt, further to dialitain the:

issues on his part to be maintained, called as a witness

Magy Gannick, who, being, first duly “Worn, Wis examined

and te stific “das follows:

Direct examinationof Mary Gallick.

By Mr. Dudnik:

“Q.sMrs. Gallick, Lam going to as ea you to try and keep

your voice up So thateeverybody can hear vou. Ts that fair

enough? ‘

A. Yes sir. ;

Q. You are Mary Gallick?

A. Right. ‘

” Spelf your name, Mrs. Gallick.

. G-a-l-l-i-e-k.

n Where do you live, Mrs. Gallick?

A. 4403 Dawns hire Drive, Parma.

The Court: What is the street?

A. 4403 Dawnshire- Road.

The Court: Dawnshire?

The Witness: Dawnshire, D-a-w-n-s-h-i-r-e.

, 9

‘

(). How olde are vou, Vrs Gatlliok?

"A. Dwar Son the sth day of June.

GO, a2 ae tes

Al Yous. sit

Q). Ynd yon are the: wife of Him Galliek

fal Gt) AL Ves. sit me

(). How long have ven beet macnn: vad! J

P Since Lon.

Q). oh vears, Approximate ly:

A: Vex, sir,

(). What lo vou de, Irs. Galle iS,

A. Waitress. ji

Q. Where slo von work?

A. Downtown in Gazelle’s, 4

-@ Mrs. Gallick, Tam geome te ask yeu

ears prior te Amonat of Tad vou have g ver

if for several”

ctihess veal muy

pent oroskin blemishes of aus kind om veur diasband!

\).

().

“A

Ns ‘Ver,

Onamy part of tis body?

Never.

Do vou kecall when i: ee forthe bA GH?

Ooh, Ves,

What che Lhe ales before thiat? -

He was. foreman fort Hunkin (no

Company, labors foreman,

How long idl he de that, Mrs. Gi

12.15.14 years perhaps.

Q. Was heea steady worker or net

Thaiekin-4 seri

A. he ves, he was,

62 | Was he a stendy worker up oumtib Aueust of

Ith grins Worked tor the Baltimore and Ohio Raaroaed !

fol,

rh sses did slim have ?

Vos, str.

As furias yon can reenth, prior ‘to A

Not any,

nike le

(onstruetion

ilhiek?

When

Wits

hie Wats Wath

of 154 what

Do vou recall any gee idowts of any kine while lies Wats

i ge anther: uilrosd before that?

AL Well fb believe one tinte he pulled: a Tigame nt jumping

omor off a car, something like thate Haw QV hapuened Pdon't

know.

At work. it happened at work,

+---- j . >

Q. Do vou recall Whether he lost any time !

AL Yes, at one tane che did. But at wasn't stated as an

accident.

QQ. Tedidin’t heer vou, :

OAL Bt was net stated as an accident. .

& Do vewknow What Uae reason for that was?

AL That Peouldiet.. nesd wontdn’t know,

2. How long before Nugust of Sd was that?)

A. Pean't he sure of the time’

Q. Was it within two or three years before?

Vo Tt could have beon areund two wears. Loam net toe

4). Was Fim laid np alone time with that?!

: A. Nay not too honey.

Q. Do veureeall what his ti jue Vwas!

Hol 63) A. Inst oa puted ligament PE believe: the doctor

sata. ,

(),, Mrs. Gallick, before that.cor aside from) those: two

incidents which ven remembers do vou reeall any other

injuries Whaeh slim may dave hiaed on his past? '

AL One time D believe he jumped, during work, - a

off of a working ear and he step peel inte a hole or sone

thong ane wet hort.

4 Was he scrionsly injurediin that accident!

. He hort his ankle. ;

4 Poidit kee }? hin out ot work long?’

Nat toe Jeore sty The.

y Was itamatter of days!

Thar beam t answer thatocdt his been so lone.

: Mrs. Galliek, Dam foing teask vou whether von reeal!

au eortain dayoin August Pd when dim came home and

-usked Vou te foveok at ih oper of his loudly, dle Neu recall that?

A. Yes, blo: =

Q). And was itin August of 1954? nal

A. Vesssire

Q. ¢ ‘an ven give np adi ite or not? :

JA. No, | ean’t. ? ‘

Y. Can vou tell us what time, of the day oor night that

hay pened? : er

A. That is when he came home at night. Tle came hote

from work.

C9. WW diets veern sony cat ne acdats cabana Wihuat tite?

a | AL Tt wae atter DD ene. ;

(0. Were ven heme .

AL Ves, sir. pas

Cd New. wheat elel fe aR ven tes teak at Ma Cistliek !

A. Phe tedden TO a CR CW ES TC Te

the: bavk of lbs barot was? traritaars ce terae tartans states. camel tee

Wartitectine te leek get i . :

(0 Nndd hel vent book art it)

Vo Vessdaba

Cd. Coser weet titted rape cemied poco teaepes pees ret came Neenep se Te co beange

Where be ge ke al Veet Sen deceed Whar? parti oeet dire fenue

NT ware bate on hiere* A |

() New Morar peotina. vie have et sear hated em the

rich! bo QVas at the caght on ter, .

’

MN DD wate conthe dent. Ven ecombed ott there. «

(9. Vootscisre sure of that’

09. Nal did ven ro) . :

Ne Ves. Debi ° :

() Wil! Meets f. SL thee neat sy ceteed Slee © cotaet oe Nine? 4 whist Sen

<aw?

AN. Weoedb. thats: acs ce We ats pes-t like when Soo ceed ia dete

| W bast eeoieor wane at?

No Ut wise pork.

( Wohicat wane the ee et at! -

NAN. Ndnenat the sc 70 eat catreotgt hast . . est PON Basalt in.

| tin moridee tiicet, ‘

Fe WO TC RY EA ca ites pean.

AN, Ves. tr. ‘ : .

?. Dyed ot (satis ‘ Ced TEN Cette PE hety Serik caw it

rae, Wee x “_ ee

Cd Wore tr elief veer pe Nt see at, Mes. Giailiek ’

AL Vibe ent proown cts.

C0. Dered vevsn leveeks cat at geacsnany

AL Yes. bdiak > .

Co Wisat did sence the nent merging f+

j NA. Well. it ts re By ten cte’ abe epee boah cohen aden peor in eller.

A). Woiicet komet ot a eden! :

Pink Dt wire ade por pe nk,

Picdat give vou ams eygmermm! 60? ,

().

. No,

| Did Jim ge ts work?

/ Yost he did.

When chi vou next look ut it?

At night when he came home,

he keptadgterige. Tt heat burning lim, 2

tell th? Court”

41 eontinued to

. What did it look like that? ar Ase:

A. Well, it was getung a little redder. Litth: pinker. Tf -

key p getting pinker, _ 8 .

| Did it give vouany “Coneern?

t Not tao moteh. . -

4). Did there come atime when vou saa it and you were

fol. 66 concerned about it!

AL Vest sir,

How loneatter the first time that you saw it!

A. About the titth daw.

Q. And when von sawoitlon the fifth day,

wih jnry what it looked tike.

AL Well, it be say) towetdarger and real pink, real dee per

pink around. ane it began-to rape.

Q. Did indo anvthing about it thi day?

A. Well, he would always wash it with soap and water,

Q. Didhe de anything after von saweit as vou deseribed !

A. DT snid to we see a deetor, a od

(). OT a oe oe tor! 4s

A. TL gustelom’t remember how soon atte’

(). Tsay did he voto see aaloetor? .

AL Yes he did. e

QQ). And who was the deetor

AL De. bneob Helber. P

Q). Did von continue te abserve it after that?

No Yes. sar,

» 8G. And did itehamge tvsize amd color as yi

eoolbserve dt? ;

A. Tt kept getting larger amd oat kept burning. Phat’= wha

. QQ. Mis. Galhek. did there comecg time that your husband

fol? went to another doctor? ,

A. You. We “eee catammed then because

Dr. Heller. die

had ewenme to Dr Pfeffer ama Dr. Theiler was going te put him

tie the: hespoataal.

go to the hospital.

/ s

Jim had never beer sek. so he was afraid te

@ és ‘ f

re)

Q). Sewlat did youde?

ON. Soothe frend oYoours snewested@ in fet | repired

IP tie Nave w cacletar that Hee taeda? recotmmiona, beeguse: Fim

didnt witht Towge fo thé hospital Phe wanted andther,

ge et “sop aen, Seobe wenttte Dr Vietor Tpopeolites.

Dadbveha we Wath hi i!

= 6 Yew. Ladiel. se . iin 1 >

"New, Gn the day that ven wont te Dr. Dpoolite. were

~ ven The peo tien Dvd) piel t elooked a this!

A. Yous, =ar, “sf .

Q) Willson tedbos what took dlike qhem? oo,

A.B y that time twas abentt the <zecof a bait a dellag

amd atthad raised amd at had been dracuing an the. side.

and at dowked vers muds

QQ). Did Dr. ia we, “

- Yoss he did, ‘

Ded hes Hpem took ine atoatethe test times amd enamiiminy

it, Nara st ay Piste! ; ee

af Iretiecdians IN. OD Te poite said Pate the hesgital for

Von, :

QM. thee pardon? : ;

“falas No dhe sis He Mme ed rte ly ge sev es dae bowke ef gat it,

eNamined ity die saody bom, Jouare goimg te the Thos portal.”

CQ) Nn bth te ee! :

AL Wellothe re wits ne te al Ufo was going to prt hom in the

hespitad that da@v.but there was ne bed at Vetrvnieunt. Su

he had te Wart out! Saturd: iva that Were Ik. .

Q). Nudd did tie pat Lar in the n! ; ;

A ¥P% a ‘ 4 °

(ho Mrs. Gallick de vorknoaw whetlyg ot net Tin received

abs surwery While he Was ait the diospatad?

AL Oh, VES, ‘ :

(). Twillaek vein, Vr~ Galhedk. how done after he ente —

Marymount Hospital did fe reecive dis first SUPSery

Ao DP bGheve that very week, the first week,

(). Were vou thers when became ontof surgery!

AL OW, Ves,

eWas hea surges mere than onee?

2 “Oh, te. @ % :

How often did vou Visit dain? : sd

: Every day.

_ ee ; a

(). “And did vou know whe ty he went to surgery?

\. Yes, sir. v

(). How would.you know! ee

OAL The doctor informed me that he would besgoing to

surgery, and Twas there before he left. and when he got

out of stirgery, ;

[ fot, 69) Q. Did vou‘see Jim after all of these surgeries ?

A@ Yes, sir. : ae

Q). Deseribe to the jury how he looked,

A. Sick, very sick,

Q).. Were vou able to talk to bim?

A. No, becuse he was under medication.

Q. Now, do vou kitow how Jong he was in’ Marymeunt

i ae the first time

L don't remember it it Was three months or two nets

some Bah iat along in there, .

Q). Well, the record will show that it was trom Septe ea

fsth to January Mh. Us that about right?!

A. Yes.

Q. Now af aboutthe tinie or close to January 4th, shortly

before he was sent home, were you able’ to Ghsgrve Jim's

legs and body? : ;

A. Yes, sir. ; .

Q). Will vou describe to the jarv what you saw?

A. Well, they had operated on. the deft leg that was.

injured, and it was deep, and it was about this much in size

(indieating), open, ‘and then the donor--the woused the right

leg to take the skimeotf. - °

‘

Mr. Dudnik: Can von folks hear?

A. They took the skin off the right leg /to cover up the

en a thre beac Jeu that they diced (pe trated On: And it looked

[fol 70] like it was) going’ to heal, but it hadn't. It whda.

ance da sear tissyé as the doctors called it, is what it was.

Besides thatmark that you described, were there any

a marks at that time, in January of Hoot

A. No.

(). Just thesight leg where they took the skin?

A. Yes, sir. The lett leg was injured.

Q. From the time that vou first saw that litthe mark on

Jim on the first day until the time he went into Marymount °

os ee

‘41

Hospital or until the time rather when he went te) Pr.

Tpoprolite, Wits There ame or miore thiam Oise eruption o

” Qhues just thiit ome.

. How long was lg heme aie odie tett the Thespatal?

A. Tt seamed te me like abeut three tieuths, mote than

like “that. ;

(). Now. Togave vou seme wren eatay and would Like*

doe olttect tat. we nthe THOT, ; .

“Khe records will show thiut he was in Mi; usanount Ebesputal

from Se plenihe r Tsth te December Sthi sanieh Posceied ebeareuas ry

dh. dt is December Sthi oF ed. Mrs. Vialliek.

AL Yes,

QQ). Now, Wlien be We Mt hotnie heewats hotnie abet a neenthy,

Was he note. " "

7 Yes, sir.

Will vou describe his condition dining that month?

el TEL OAL dhe was vers sick.

QQ. In what way, Mrs. Galliek? °

AZ Well, he had those he lad thie open wound thiit Aad

tobe dressed, [tf was vers a ry painful.

GQ) Whodressed them?

I dlressed them.

(). How did vou dress it!

A. The doctor gave die instructions as-to how to dress

ai .

. How often did vou dress them!

: Mortiing and night, and pout theromyvacin on, and. it

mpeg? changed. > : ks

Did vou take enare of him const: intly 2 Ta a ec

a ( ‘onstantly.

. Were vou working then ? os

. Lwas. a

r Whe took eareot bins bs vou were at work?

The neighbors leookes | ion hin.

Stale. Mere. Gallick, lie went back to Marvinount Hos

pits : as T said. he was home about it month. on January 4

of JOA, did le not? ’

A. Yes, sir.

Q). How lone did he st: iw in the ——— the second time?

Fs A vear anda half or better.

¢ 7 Z

42 oi! ; ‘ . we i ete

Q. To refresh vour recollection, it Was about a vear and

(fol. 72] a quarter, about 15 months, \Mrs. Gallick.

Did vou-see him at the hospital? \

* E very day. x

. How long did you stay there?

: ] would stay with him about until quarter i ax,

because T was due at work at four o'clock. \

QQ. And did youwabserve hin every day? ©

A. Every day.

Q. During. that ign how did he progress, was he xet-

ni better or worse

» He had very satel pains, horrible awful some

Q. How did vou know that? F

A. Berause he cried most of the time. He kept grabbing

for something to hold onto, with the pains. He couldn't

pass his bed unless die would ieee oF of horrible pains.

Q. As time went on during the second stay, were there

any mere eraptions on his body? z ,

A. Yes. Tt went wild. ,It just broke out in different

place es, . ;

Q. Tell us axhioge it wenf?

A..His ankle went, which took the entire heel in pratc-

tically.

Then the plac “«—then the donor, the right leg, had gone,

which had been the donor, that had gone,

Then Fhehéve there was a place on his side or underneath

his arm, Lam not too sure of that, because they went so

rapidly thatven couldn't keep up with them.

[fol. 73] Q. Were they tting larger?

A. Oh, ves.

Mr. Dudnik: Mark these.

(Plaintiff's Exhibits 4, 6) 7, 8.9 and’ TO. being phato-

eraphs, were marked for ide ‘ntification hy the reporter.)

Q). Mrs. Gallick. Tam going to hand vou a photog rraph

that has been marked for identification as Plaintiffs Ex-

hibit 10. and Task vou who is theanan in this picture?

A. That is Jim end his nephess, his brother's son.

Q. Is that Jin Galliek? _ “s

A. Yes, it is. €

a . \

(). Plow tong bette Td was it taken?

OAL About a vear before,

Mr. Duddik: yD sheula dike te pats. thos areund th the

Jurseat this time. ver MToner.

Vhe Court: You mis.

Oyriasan heaving i | ss

Mr. Dudnik: Wraith “farehatl reniiided nie. wear Phenmer,

that Phavetootferit ine sees mee tl rst.

Mav fotfer dit imes idence? ;

The Court: Wilt oftectign ait will dve preeeroed an

evidence “ee, a : Ace

Ladies and se nt fer hen of the jury. at this tune there will

beabriel recess. 7

[fol 74) You may cretupm te the dies oreem ote mer

With the admonttion do not talkeabent thos cnse wath ances

not even amongst yourselves,

(Thereupon a recess was taken.)

‘ : a

e y, e «

By Mr. Dadnik+

Qo Mes. Galhek, DP believe seu teld us he was in Mars

nount Hospital for some Lo months? .

A. Approximately. vs! ‘

Q. Andadter that hie came horney. did bee mot!

“A. Yes, he did. :

Q. And he was homehow bone do vor reed?

Mee can't he too streed the dates leemtuse

Q). Would this be riadt. according te the fosputay ree:

wei hada home Prot Mareh sth: ay pan iintil Vials ot di

of POD? ite .

That is alanost three and a half months.

About feuror five qmonths. abeut five qenths. i that

Ptr right? | re

AL Yes: ‘Chit woul Phe about ridit. bateT am tot toe sure

on the time. cade

Q. Could vou deserthe te the jury where fie spent hae

time during that five months?

A. In bed.

Q). Could he go te the bathroom? -

és

440

A! Xo, not at. lust, no, not when he « came home that time,

no. °

(). How many openings did he have that were sore?

[fol. 75] A. At that time. the left leg and the one that

they used for thé donor, his ankle—

\ (Interruptions) =

(). Will vou hold up HY little bit, ple axe, Just hold up.

Sow keep your voice up. nies

There were se any vou just can't reme anber.

* What was tlie appearance of the original one?) What

“was the size of it at that time?

- The Court: | am sorry, Mr. Dudnik. I was distracted

myself. [think the question Was— eats

Mr. Dudnik: How many openings were sore, and tliere

-Were sO many you just can’t remember,

Q. My next question iss-Could vou deseribe the size of

the-original one on the back of his left leg?

‘AL Well. Peouldn't shaw you, only if ! stood up.

P All right.”

. bE will have to:show vou on iy sit ioe It extended

ae here to here’ and. it covered all this in here. The

» doctors— A i

Q. Hlow did jetook?

Oh, it: looked wvieious. dt was a big hole where you

Could see the ter dons, as 4e had to-clevate his foot, what-

ever way they could put it foy him. i

_ The tendons and the flesh would be just hanging through

there. " : '

Then when T would drow them the duotee inabeucted mie

[for 76] to wake the 2 cauze and the medication and T would |

pack that in folding the. gauze and pac king: that. in thie Te,

4 Into the opening? ;

. Into the openings. “They were draining.

@ Were they draining? |

| Draining awful Kad with i-tétrible odor.” ¢.."

a How often did fof pack them?

A. Well, twiee a day jand sometimes if they dr ained more

| had to dress them Again, because they drained more,

Q. What happened When yeu took the packing off?

“-

He wonld just seream with pain, And often times

he Neue erabomy arm inorder to keep from hurting, he

Wold ask me to stepr its side fora ditthe bit until he could

vet his breath beeausedt Was so paininl,

Was that everytime vou dressed him?

Affithe tintes all the time. ;

a Who took careso! him during ‘these months that he

Wats home? eae

The neighbors looked inven hin. We hind ao murse

that lived iu the back of us. She dooked in-on him maybe

by the hours, came on. are

Q. Who tock care of him when vou were net working,

during the day when vou werent working wha took care of

him? .

oe I took care of him always,

Now, he then entered the’ ( Teveland Clinie on duly

Pa 6

ifol. 77) A. Yes, sir. a

Y Do vou remember that? .

A. L sure do re mye nbor it,

Q. And according te the Cleveland Chi nie gttords he was

there from July SO, M56. to December 21156?

A. That's right.

Q. How often did you see him?

> Every day.

~Q. How was dim doing!

A. Very bad. ane ‘a

Q). Te deft the Clintecon December 21, 196. dnd he was

home until February 5. ats a period of about five weeks

or six Weeks, © | ‘

_ you Te ammembe | that La Tied?

I sure do.

= What did-vou do for him? .

A. Dkeptdressjng tim the way thateD was instracted.

And was that daily?

A. Bveryday.every morning and night... md

“GL. Were they still were = runaing?

OAD Rouning. sunning sers. Running. It was green and

xray aund allditierent abe colors on it. And they were

deep.’ -

Q. Was-there an sodden toit?

46 FE

A. Unbearable odor, but PE didn't mind it.

QW. Now, he went cack to the Clinic on Fe ‘bruary oth, ioe.

[fel 7S) and he stayed. until April bth or “a?

Q. About two and a half months. Why did he go baek.

-do you know? :

A. He got very bad. Tle was very bad.

Q. Now, during the first stay at the Clinie was he op

eratedom? 9 5 ots

A. On the first day?) Deean’t remember af he didi on the

lirst day.

(). Stay. net day. During the first entrance te the: (lini

“ = they operate on him’?

AL Oh, ves. they operated on him, ;

(). How muainy times, de Cou know?

A. TP don't know how many operations he tad before the

amputations. fb don't reniember. There were so many |

can't remember, ,

QQ. Were you there all the time? ,

A. Always there. .

Q). How dicdthe look during that tinie!

A. Horrible after each operation he looked worse,

Q. Then during the second stay at the Clinie between |

I hruary Sthot OT and April Pith of oe, was he operated .

ont 4

A. Yes, he was,

° 0). Now, then. he went back te the Clinie om Apri 25th,

or, ane staved until Pune 22nd of Toe. about two months,

did-he not!

As Yes, ;

(fol 7) Qo Laan going to hand You five photographs, they

are Plaintit’s Exhibits 5.6. 7 and s. end ask yor te look

at them and tell the jury whether Jans bedy appeared or

they correetly represent how Jim's body = atpy reared while

“ he was at the Cleveland Clinie! ,

AL Oh, Ves, i e

. Logk at ell of them, os :

\. They g6t alot worse than these.

The Court: Mr. Dudnik, | notices that von handed the

Withess five of the am. You only me ut ioned four, You men

tioned Plaimtitt’: Exhibits « oh 6, 7 and 8"

“Mr. Dalck: Yes.

©. Phreets aseet weer se theine th.) .

*i ‘| hi s weet “ I~~ et, 7 af e

vA Ne Mage LE veer se 8) se tore Ofer d cee? oe leet Waeetnen”

Mer. Deregdse oe Peete Beit SO TLS med te Whack

Sesi, Nerur Dheotieer’.

Vester Dieotiony cat thee totee ota le Dadeany ®t .oeste tee pecans thee =

tee Mheee jays Powered ik tee deeded thee tne tape cated ive then

SOD © Oh Aree,

"Phir Ceonst: Newey efit See tune abce sa.

Mir. Poaednikes Misa tae peered shies DP cotter the nm ane ous

ones. youn Phemer. Dothialk Peverteckedd atl Mia tte:

Tel sth teeerd slew that tex are ottened! .

Th (ast » MW Thaegat wrlajens tiem th ‘ tise bee* tee ergetead it

as tebetion -~»©

(). Wise Vicspepe teebeon Mens 2b. 257 thee Nevta rewcadl !

No Dobe Thee cbied bse dnere th tint dee waa catnepeataateed. the

Nett be mies camp itaate ol.

The Comet: Mas. Galle hk. wall we takes wear tum. |

. Kaew Pow ccstit fb tee tee der weet @ ecalel wena pratense dae can thea?

bach there!

O0 Mare Gill ko speak ste uated lestebls) . Five tweet bise~

Yeo taecar What sed sank. New bcm ce ctr tee ech the jue tion

teeth. Woicat fies be? obo May Be Htksa * "

ALD bechiews “haat, > owh h thes iattapeatiatoed? thie fina? few,

thes bent Bae, es

C0. Th v camp atanteed the str tbe!

A. Ve.-. sirethe left i a ae

C2. Dee serie Low oom wes bie te baes ercatnee: eotat eat sea rage rh.

after de eet ovr tie ether er wipete ver Mees gave ham!

A. Ate Wits Vers tial.” ~ : .

Cp. Whaert wore hire sperrate *

“OM. Wello nactirectts lie wars Hooke mtiearterdl, beemuse at went

see Paast, Navel rt ts reek sce De aetensetie tee take Neote be ge,

Q. What hap need en ute ba nay:

oe AL Danse miiniat) just ae minute.

, felos1 (0. “Take Noo tittee,

No Deantt be nett the ad tes The dates are confusing,

Precaemise: they were all dike ce teat tinaine, ;

> iS a

-48

. Do you remember that as being thie day “that they took

Pas ~ other leg off? ,

AL As | sitidl, Iam not sure on the date. What date was

thrat?

Q. June 12th of 157, is that about when they took Jim's

— leg off? an

I ean’tebe sure of the dates, because it has all been

a hse nightmare.

They did, however JWithin three weeks take Jims other”

ne didn't they? foo

A. Yes. : ’

(). Were you there?

A. Lsure was there.

Q. Can you telt.us a little about him when he got out of

surgery, the next day, the next week? o>

_ is Well, he was very bad. He was very weak trem it

all, and then after when he had r alized that his both lees

were gone, TL ean't desertbe it. It was horrible.

Q. Now, Mrs. Gallick, he was atthe Cleveland Clinic,

follawing those amputations until uly 21, 157. Ts that

about right if the record: shows it?

A. | beg your aamigr

[iol 82, -Q. July 2107957, is that about right. that he was

dismiss dor that he : ft the Cleveland. ‘Tinie?

Ay Ye 7

Q. Did he go home from there?

A. O07 did vou sar. :

= Yes, or did he go straight to Highland View Hospital!

He went to Highland View Hospital. He never 3

ah again. <

Mr. Leasure: Isn't that the wrong di Ate?

Mr. Dudnik: No. July: vi; Bas.

~Q. Ts that the-date ”

Mr. Leasure: That Was “OS,

“OAL OS, |} am not—

Mr. Dudnik: Well, let’s make sure, What is the discharge

‘date there?

Mt. Leasure: July 21, 195s.

oo; j | ee 49)

() Then heovide Tiere abet aver alter they amputated. |

hie tee sad ;

A, Yue ~o hie Wills. : *

(). Tami sorry,

The Court: Te thatat the Clevetamd (time until dats 20st

of as! : ,

Dielick: last Gotmemient, seme Ploner Tami a little

“ womtiisedd bepes

Q) Was the surgers ints) Was the surgery ins!

‘Yolosoe NL Tas,

Q). Lami sorry. ;

A. The date < dire all -o confusing.

(). Vhes care confis inst Too Brier, fava,

ay Becunse we lost traci of the time. . o>

Vir. Dudatk: Dios. vonr Toner,

The Court: Doth of them in os ThAbesras, of course,

Will speak for thempsedy

Mr. Dudnik: The AN i ~penk for themselveag, vour Honer.

The Court: But lets get it efeared np for the record.

) Do vou remember what year?

A. Dncos, ves, ; thon

Q). thow one gltogeth rn was heat the Cleveland Clinie ?

AS Mer. Didnuk. Poeautt be sure af the dates. . DP cannot

Pe ~ of the dates. ®

>» Howaeve ay Pr niefhe Cleveland Cline

The dectors’ records wilbhawe it all.

: P-cit Yair te tate mow that fe was in the Che celand

Clinie Tor about two veaes With the exception of the two

Snenths or se that he came homey

Vhat’s eopreet. .

Q). Tam sorry Leonfused von, and myselt, Mrs. Gathiek,

by 4) Where didi lie go from the Cleveland Clinte.

| Pe went te Tel Haid, View Hompoitaal canal hie dias re.

miatined there ste. ~

(0. Phas tie been Thome since? %

ON. Neches not heen treme Tb lis bein very: bird.

4). Mis Galbek. where is Pahtand View Hos paithl

A. Out on Richmond Rose.

a a. -

® Tow often do you sce dim?

A. Every day. 4

x ;

Mr. Dudnik: 1 have dio more questions, © «

. | a

Cross examination of Macy Gallick.

By Mr. Hadden :

Q. Mrs. Gallick, T want vou te understand F dont want

tomake thos any more diffientt for vou tham necessary. it

You would [ike to’stop, please tell me. Toonly have one or

two questions, ane they relate to the time baek in August

Yd when Jim test came bagk to the house and deserihed

‘hat he had been bitten, according to What your testimony

has been,

AL Yes, . ; x aa S

Q. To wonder if vou could desciihe im somewhat more

detail exactly what the appearatice of the place he com

plained about Wits ; ; |

NJ Wi DE will have: to show you on my right tee again,

I will savy

[fol so) Q. Peden't care where it was. To just want. te

know what it looked like. °

AL OW hat it looked like?

“Q. Yes.

A. Tt was baek in ‘. rey It: Was about half the sizeof mis

maid. Amd it was a welthke like vou Would see a dite

andit was pink.

-) Ttwas all pink? ;

A. Around, vou could see. Then there was a little red thing

no there. You could seecit was a bite, vou could see it owas

asting, ;

rs There Wasa litth redawhat in it? Abo

. it was a welt with: a little red thing. You eould see

th: ; it Was a sting. ‘

The Court: Little Jed thing.

Q Little red thing?

AL Yes. It leoked like it might have been. but as “vou

pit vour thumb on it, he asked me to toneh it beeaus: it belt,

; L. “ F

ay aD |

| o

% - oat tall trance enied loget in that wfiy, As TD oypont ny thitannids on it,

twas waren te mav third,

(). N opr thie thar tat. Can you desertbe the thing that vou,

sawoinit?

: AL Plow cold Dodeseritee a ditthe pea Speck ft there?

OQ) AN reed speek? > oe

A. Vent was. .

rig i Ped se () dethat thee da ot venwean der abinit deseripy neit?

AL Ves. You fies Ser MOU Knew i Was a we Jit Wats

cbites You eouild s “at becuase Ut Wits — from: the

‘other the~Tp.

Q). One or two more greet iofts, Mus. Galtiek. Sines August

Lot Ts When thes teat staprteal. Sen hivsbamed as voutestitied

bits been in consider ‘able ye Mois that right! ,

AL The worst pach thes BUS tan ever dived through.

OQ). Mt venw Hi jt answers WMestion we will be through ,

; ae dittle quick. yr 23

AL Yes. .

Q. fmt fur te say. Mae. Gatlick that the bain has varied,

sommet mies dt fas becom wore and they it hits gotten better

Por tame cand phen perhaps if has wotten Worse, is thats?

A. Now iteautinuedan. Deon ied 7 ne mona horrible putin. «

) (0. Pau met asin that it stopp dat any times Pimerely

a he Novit never stepheadein as Ver stoppn al.

. vit Wis u) Wats dss tine than atoothe I's vs

thin keV ean! dame wer that better fr iimse

i: -

(). Vau don't feel wou CITE tacit, Wu < nite all

}

Ac Nosd can’t enswer for him,

Mar. Hadden: (hats ail Thank seus You mity step

the RR ta . : zi -

Mr. Dindnisk : Weowillbenu!! th Biiaint Sin

Uy.0 e245 | Phares open, Doone Gragg K, piaititf hepesn,

Hepes Ves sascrspsonnog s bar se cote Tins guint t tes bee hieaiutisine ad,

o> 06 6b Dectes.-0 OF oe ‘, alae tte dit oon ny boebacal ld, “ heh, bein

he shisks |. ary) th 4 tniitie a ned ee Viltend co. hollows:

“Deas. he by Tete teeel erence a riy ; J (rirdlieh.

Ley Bhs Wa Paden ‘ =

1t,. © cessed | hh Vertes Verteletuene hy? :

ee LT) ee | TB © Cwatt 40 hin Whether all

APA I acrhag ts af Rina: woes Hees ts EiMeulty scene him, ean

Vobe yl i Tvengy ” ;

‘) grees wetine Obaeang: Navn have wal (yo de for Mie’, linn.

. 7 . .

eee O2s “S444 * {xs ] afk ie tded

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TT .

[ .

AL Witness. neds) pe ee

Q). Dhow tear clea Vertb tes tii Paeseol Dane

NOSth erode ~ 2 ° e

Q). Where? = 8 ;

Ao? Mitinestpol i ,

(). \\ lncatclied scott der whe Hho eett sof astet oof eTyereed ’ ‘

NL OM. viernes gobs Pedros hoo

(9. (aan Sou hy beret tape tee thate inital thee Pbeaeed in 4 sete «

jer ap

NAN. OD worked at roe ny glad La hoch Dodie’

trash. Po assslsccnede-ed cote thee Cone ot “veep tMee oe :

fol so oS ae ted Mfoerns ‘Jient ’

a. Then | “ortel, pape’ ‘| Yer © pyre caces,y :

(). Haid 9, Dates, vis basse geal. os Et thi re Ce

CPrtergsapt ens »

° is gi ,

Yur ai oft) FE56s el te, € Baer sr seg

‘

54 es

Q. Office work?

A. No.

2 Always with your hands and few 43

. Hands‘and feet

- Jim, when vou fe ft the Hunkin- Conkey whe ‘re did vou

go to work?

A. Baltimore and Ohio Saitioud:

Q. Approximately what year?

A. 1944. ‘s°

Q. So that in 54 you had bee nthe re 10 soles? eae

“A. 10 years.

YQ. W hat did you start as?

JA. As a brakeman. 4

Q). And did vou continue to be ; a brakeman up until 1954?

A. No. Ll was promoted to yard foreman shortly after 1

started. Cagayan leak

Q). And were voua vard foreman in es

JA. Twas not. | worked as both up until "5

Q. You worked both?

A. Yes.

Q. Jim, what disenses of any kind or sicknesses dia you

have in your early childhood and your cart vouth?

A. None. All LP remember, | had one, smallpox,

Q. Suiniipex?

[fol 91] A. Yes.

Q. How old were vou then?

A. Well— r

Q. When you were a baby? ”

A. No, when I was 10,12 years old.

Q. Did you get overit? > Co -

A. Oh, Ves.

—Q. Did you ever have any Find of a skin condition?

A. Lneveras much had a pimple on me.

- @ Did you ever have sugar diabetes?

AL Oh, no.

(). Did you ever suffer from colitis?

A. Tdon't know what it is.

Q. vier youever suffer from Buerger's Disease?

A, ! ' don't’know what that is. ;

Q. Did you ever have an allergy of any kind?

A. No. .

P :

Q. | take it then up until Tod vou Were aman of good

health? ‘3

AL Grood licalth.

Q. What didvou. Weish in Ay asus stot aod?

AL 20 pounds.

Q. What do-vou weigh now?

AL SO) Ge she ld’

(Q). Can we goon, dim? :

A. sedageslyae:

[fol G21 Q. Did vou ever have any serious accidents be

fore August of TH54?

A. Sprained ankle. :

Q. On the railroad? ; .

“AL On the raddroad. and Peuess a pulled ligament,

(). Aig youever have a spraine «Lhack .

“AL Ve a ¥OS. :

(). We reany of those serious ee ‘ide utsyedim:?

OAL None. no, :

Q. Were any of then loss of time aceide Mts:

A. No. 7 ,

Q). Your wife was saying somethitig. Would you explain

What your wife said - <a |

“AL ¥e st ves, there Wis one time an aceident when DP wis

working for the DuPonts. Tcot off a tank car and it was

in-kind of a hole that [stepped in. and d spritine ‘damy ankle

and Tbroke aconple of toes,

().

When was that, jm? eee er gee

Oh. that musi have been ahqut 1, 2 semewhere,

Did you getover thet ttall right “ae

Ves. :

Now, your wile ; sad something about accidents and

no acejdents. P-think you can — What the railrosaed

terms dre for lost time vecidents and no lost time accidents.

_ fol.

We se ee nvon dent dose no time, that is no lost time,

0 | Are there times when vou can't work ‘fora

Ley w days ran aceidé nt they can let vou mark in and off

sa nae tomake it Are ports thle gueide mt 2

-”

They did me for thdavs. an certs

“- hat js the reason for those things?

Walk TP think mostly —

06 e

Mr. Leasure: [ think we will object, your Honor. The

jury doe ‘sn't a for suite. He has indie ated that he thinks, }

and I don’t think itis relevant here anyway, ,

The Court: Obje ction sustained. -

Q. At any rate, none of the accidents you had were —

serious ? . .

A. No oO. J x

— QQ. Jim, when did you start to work on the Seheea down-

‘town job?

A. Oh, | would say around 1950.

r Now, from 1950 to 1954 was that your regalak job!

» That was my regular job.

5 And what trick did you work most ? ?

A. The second trick. |

Q. -And what is the time of the second trick?

A. 3:00 to 11:00, a

ra Jim, just us # little bit about that Seneca Stre et

job. * : »

~The Court: Is that 3:00 p.m. to 11 :00 nin f

, [fol. 94] | Mr. Dudnik: 3:00 p.m, to 11:00 p.m.

Q. Just tell us a little bit about the downtown Seneca

~ job, sometimes ealled the dow ntown job?

A. Downtown.

(. Sometimes the Seneea job, same thing? .

A. Yes,

YQ. What is the downtown Seneca job?

A. It refers to the freight house, to switeh, you take—

Mr. Didnik: Can all you folks lear? Thank: you.

A. You take empties in and out of the freight, out of the

firms, and you would place, vou would pull the freight house

and take the loads that were loaded cars out of the freight

house. classify them, and take them to Clark eg

(). In other words, | take it there were cars along the

industry, what do they eall them, platform —

A. Yes, and we have a yard there,

q. Ana you af out the empties and pull in the full

ea uxt on ix a sWitching operation, isn't tt?

That's ie gi

“

Q. And ‘that job i is mostly in What se rritery, a what part

of town? >

4 Well, it re Te thi: Hats.

ingen ‘

fel 95] JA. The flats.

Q.:- That is around the river, ism'tit? +

A. Yes. night alongside the river,

Q. Now, how many men work on oni.of those jobs or

crews, one of-those jobs?) Twill withdraw that:

That was a very: very-—not for a railroader—that must

have been a.silly question. ’ {.

Yow have crews working towether ne amet a me

A. Yes. » 5

Q. [flow many men ina crew? i

A. Well, there would be i yar oon and this par-

ticular job had three helpers.

Q. A yard forémanand three helpers ?

A. And an engineer and a fireman.

(). Now, we know the engineer runs the engine,

N. Right. . ay

Q. The fireman sits next to him? :

"A. Yes, ; 9

Q). He stokes the fire?

A. Right.

i Now? the foremanyis he a switchman, too?

. Yes,ves, o<o@

6 W hat ix the difference ites ona he iper and a fore-

man?

A. Well, the foreman has the re aeantanty of the job, tw

run the job.

ifol. 96). Q. Now, three helpers, and they are — ‘n? :

A. They are switehmen, ° 5

@. Dao* they sometimes work with the engine? loam 1 tale :

‘ing about the four—.

AL Yes.

Q. And do they sometimes work away from the engine

A. AWay.

QW. Are there times When the men ride the e hgine }

A. Right, ods | as

(). Are there tines that the men walk and the engin)

follows them” oh j

A. Yes.

Q. Does that all “ve nd on the kind of ‘work you have

to dg? .

A Thats right.

‘Qe Now, in August of 1954 on the day that you had your

accident, what were you then, the he per or the foreman?

I was the Vard foreman.

You were the yard foreman? .

Yess te

Did you bid in that job? o _

No. The regular foreman was off.

So you got it? |

\ vs,

Does the forefman's job pay more. than—does the

foreman get more than the brakeman?

[fol. 97] A. Itdoes. ¥ -

Q). In 54 how mu¢h was a brakeman ge tting aday?

A. I think it was $17.54.

Q. And how much was the foreman getting!

A. $18 something.

_ Q. Have there been any increases in that rate since, do

you know?

_ “A. Oh, | think there has. | think there has been two

mereases.

Q. Since then?

A. Since ther. '

Q. Now, when you wiliod that triek, second trick, what

time did you normally get down te work?

A. Around 2:00.

Q. And where did you go?

A. Well, you park your ear, go to the yard office.

Q. And what is the operation from there ?. :

A. You get to the yard office about quarter to 3:00,-you_

would eall Clark Avenue, get your orders as to consist vf,

your work, and then proceed to the engine and go to work.

* |. Now, was this a daily routine? ;

A. That & daily.

Q. .And the foreman called ana got the orders!

A. Yes. -

Q. Jim, of course you are familiar with the Columbus

Road bridge!

erererer:

‘4

- ; . : , a

Te os | A. Right. ¢

(). Before 14 on ovonr Seneca Street job that vou

worked for four ve val how often diel you get to. Ke, oe

that bridge every dk iv! 2 “é :

AL Every day.

Q). More than once a day?

OAL Sometime mere than onee a day,

@ (. Did vou sometimes walk undernesth?

A. Yes. wewould walk.

Q. And did vou sometimes ride underneath ?

A. And sometime = rides ,

(). Now, how many tracks de they have under that

bridge? . a

a\. One track. ‘It is two rafls.,

Q. One track Which is two rails?

(x. Yeu. *

, f Q. And what was that track known as!

A/ The River Track. .

Y. lim, that track runs tp which direction?

A. North and south.

Q. Railroaders eall that ditferent.

A. East and west. “> :

Q. In other words, railroad directions it is east and west?

A. East and west. ‘

(. But the way we folks look at it it issterth and south?

i North and south.

‘Tfol, 99 | Q. Jim, ean yen=deseribe the condition under-

neath the bridge, partie aularly itlons x the east rail as it was

in August of Tod?

A. Welle there was stagnant waters dead rats, pigeons,

with inseets tying above and in the water,

‘Q. Were those rats and pigcons in the water?

\. Inthe water and along the rail.

Q. How long, if you know, had that condition which you

now deseribe existed before August of To4? _

A. As long as bremember. aie :

Q. Well, how long do you reamember. Jim {

A. Well, the dength of tinte that | worked for the B & O

Railroad, 10 vears.

Q. Was it ever cleaned up?

A. [have never seen it cleaned up.

60 Led as a aes

The Court: Ididn't hear that. | |

Mr. Dudnik: “I have never seen it cleaned up.” _-

Q. Had you ever complained about it to anyone?

A. Yes, to Paul Delaria, the track foreman.

~Q. To Paul Delaria,and he is what? 9 >

As He is the track foreman. ; ' .

-Q. Had you complained about that before August. of

1954?

A. Yes, a long time before,

Q. Had you complained about ‘it once. or more than once?

A. More than onve. _

{fol. 100] Q. Jim, [ am going to hand you a photograph

“which has been marked Plaintiff's fxhibit No. 3, taken two

years after your. accident, and ask you if it correetly rep-

resents the appearance of the condition you described unde T-¢

neath the Columbus bridge on the day that you had tour *

accident? a...

A. Exeept for the dead rats and pigepns. I. don't see no

insects. ' .

Q. You say exeept for the dead rats and the pigeons and |

‘insects? :

A. And insects. .

Q. Except for that, is that the way it looked?

A. That way and much worse.

Q. That is Plaintiffs Exhibit No. 2. Do you say the

same or not for Plaintiffs Exhibit No. 1 taken in. August

of 1957? K ohne

A. I would say the same.

Q. By the way, this Plaintiff's Exhibit No. 1, Jim, i is this

Ba rail the east or west rail?

That is the east rail.

In other words, is ‘north in- this direction, north in

this direction? ,

“A. North would be along going ieee ts track.

~Q.. Tsee. But that is the east rajl?

A. Yes.

Q). Perhaps you can teli me betine ahout Plaintiff's Ex-

hibit No. 4 which is a. picture taken in August of (1990,

‘[{ fol. 101] three years after your aecident.

“~

ae Pat te Se |

Now, in this picture which W: Ly are vou looking as you

logk into the pieture? +

"A North.

Q. That makes the east rau the oneoon the right, isn't it?

A. That's right, ; i

Q. Now. do you remember the day you had your accident ?

A. Tdo.

: Can you tell us the date now, the exact date?

: No, l ¢: ant say the date.;

§ n On that dfy, fim, when id you leat ave home?

Ascusnal,at 2:00,

m) How did you fel that day?

JA felt good that day.

ny What was you? state of health?

‘AL Very good,

-Q. When you got to work—did you drive to y work? eh

A. Tdrove to work.

©@. You parked your car? ee we

A. Parked my car.

(). Do you reenll about what time you got into the vard

offi is that what you call it?

» A. Around 2:00.

Q. That gave yo

A. An re ;

(fol. 102) Q. Why-did von get there so early? .

I, it was nothing unusual for me. | always got’a *

job ahogd of time. cn Ss

Qn did yeu call fororders? —¢ ; ’

“A. Nbout a quarter to 3:00 Lealled tor orders.

- And did you get them?

. Lgot my orders.

; What is the first thing you did, Jim?

A. The first thing, we pi¢ked up ony linehes and lanterns,

went to the Diesel, put them on the Diesel, and went over

to the spur vard, .

Q. All right. Now, where was the Diesel with relation to.

the office? :

A. Directly neross from the yard office.

Q. And you say you put your things in the Diesel ‘and

went to the spur track! ,

di. Spur yard.

iow much time before vou started?

ov .

j oC .

Q. Spur yard? .-

A. Yard.

Q. Was that at another tench 7 :

A. Yes? that was another track.

Q. Did vou walk there or ride the engine there?

. AL No, 1 walked there..

(). What did the other men do, if you re call?

AL. The head man took the engine up to the awite ly threw |

[fol. 108, the switch for the Diesel to,back down into the’

spur yard in track 7, . a .

Q. ‘Now, Jim, do you remember the engineer on that day?

A. Pat English. ° .

Q. Dovouw knew heow-old Pat is or sas then, if you know :

If you don’t know, it is all right.

A. He was over 60.

Q.. Who was the fireman?

A. That I don't ‘know, beeause he was ealled, | think he

was called onthe earlier shift, on the morning shift.

Q. Now, can you not tell us the name? :

A. No, Ll ean't.

Q. Can-you tell us thea other three members of your

switching crew?

A. No, I don't remember vither, for the simple reason

we were—they Was men that was ealled for the Jocals,

which left me the foreman, and that’s the reason I don't

_ remember.

Q. In other words, you cannot recall who was with you

that day?” ard ‘ ; Piakd -

A. No, | don't. ‘

Q. Now, after you went to the spur yard what did you |

do then?

A. Well; there was a couple of cars on the head_end of

track 7, and we coupled onto them and shoved them to the

rear of track 7.

Q. Jim, | am-not going to bother ‘you with that airplane

, (fol. 104] picture. Where was this operation, with -relatien

"to the Columbus Road bridge? ,

A. Well, it was underneath it.

‘ Q. Underneath it? - ———

A. Underneath it. sie

—Q. You did some switehing underneath, To mean, move-

ments underneath the bridge?

- Ves, ,

. Then didthere come a tune when you left your engine

a started to walk under the bride .

Yes, s ee Cae

And this mishap etl p von are geong te tellus about,

on accident that vets are gemyg te tell us about, did ate

~~ spenoon Veur first walk througit under that bridge?

The tirst walk. -.)

”

Mr. Duthlt : Your Henor, one is as good a time as any

to recess,

The’ Cour t: Ladies sane} poy wen af the jury, we will

recess now for the luncheon heur, and beeause of some

duties th Court has te perform we will reeess until 2:00,

You will have your inch and return fer action at 2:00,

You may retire to the jury room ones more with the

admonition that vou do net talk to anyone wheut this case,

ffol. 10. 7 hot even amongst yours: Ives.

(Thereupon un adjournment was oe nto 2-08 a'elock,

pam, Pune 11, 19a at W hic ‘h tims the following proceedings

were hid :) ° .

[fol. 106 }.

Thursday afternoon session, 2:00 yam ie June HW, 1959

Thereupon the Plaintit. dames T. Gauriek. resumed the

Witness stand anid was further examined dnd testified as

follows:

e 4 °

Direet examination of James T. Gallick, resumed.

Iv Mr. Ducdnik:

Mr.-Dudnik: Mr. Romito, will you read the last two

questions and answers !

(Last two questions and answers were read by” the

reporter.) ,

‘ : .* :

Q. Jim, | want te straight none thing out. You told the

jury yew had smakpox when you were a child, and P asked

oa |

you- about that during the luncheon intermission ; Was ‘it

smallpox ?

A. Chicken pox. 8

Q. Chicken pox! | “MS

A. Yes.

A. Yes. © :

(). Jim, when you started for the bridge where had you

~— from?

The spur yard over Lime Road. |

- Over Lime Road? ) ree of

A. Yes. ay

Q). Onto where? .

[fol. 107] A. Onto the iver Track. _

Q. Onto the River Track, that is the track that you told

us that leads under the bridge?

A. Under the bridge.

*Q. And did you start from that point for the bridge?

A. Yes,

Q. How far were you when vou got off of Lime Road and

__onte the River Track, how far were you from the entrance

* to the bridge? :

A. About 20 or 30 feet. - si

(. 20 or 30 feet, and would you. then be going in which,

‘direction as you go toward the br idge?

“A. North. =

Q. Would you then be going in the direction that you

see looking at Plaintiff's Exhibit 4?

A. Yes.

Q). And at that time | take it you Were on the River

~ :

The River Track.

- Did you then start for the bridge?

A. Yes.

Q. Did you stop at any point under that bridge or did

‘you go all the w ay tiirough without stopping?

A. No, 1 stopped under the bridge.

Q. What was the purpose of your stopping?

A. To see where the engine was, “wie re the Diesel Was

, coming down.

gr*

60.

[fol.os! QQ. When von went tn first. as vou enter the

brides didilt vou know where the Diesel was?)

AL Now. : ‘ ;

©. Did vou know where it was geing to be dater?

Bs Well db knew. Dhad an idea where it was going,

. Now, Ria, You say tho you stopped to see where it -

wan! ’

x Where it was, yes,

J Where were vou im that bridge or ander that bridge

Re nh vou stopped, in other words, were vou closer to the

entrance, closer to the other side, or closer to the middle?

= I would say Closer to the mids Ile.

To the middle? , Fae

§ To the middle. |

Q. When yon stopped where’ were you sent with

reference to that diteh?)\~

A. Alongside the track, trat would ™ the ext taGete of

the River Track. :

(. You. Were not alongside. the rail closest to the ditch,

were vou! ny

- NO. %

You were on the othe YT side? —

4 On the other side, oe e. .~ .

Q. And when vou stopped. as you stopped which way

were vou headed?

[ ful. 109 | A. Repeat that.

“Qo As you stopped which way were you headed ?

Bd South.

~ Well, before vou die aalined south were vouhe aded north?

: Yes. When T stopped underneath the bridge T looked

to see Where the Diese! was coming.

(. Before you looked which way we re you i aded ?

A. North.

Qe And what did vou do in order r pe Hook?

. Well, had to turn around.”

And when vou turned around then were you headed |

AL Yes. then Pwas. loadin south.

Q. How lone did vou stand there before you ‘de ‘termined

the position ef your Diesel?

N Oh, about30, 45 seconds maybe.

— Q. Is that your best judgment?

~ A. That's my best judgment.

. Then after you determined where it was what did Fou

_ A. Then I proceeded, | started to walk. stg

. Now, when you started to walk, tell the Court and j jusy -

what happened?

A, I was bitten after I took a few, a couple of steps.

Q. You were bitten?

A. I was bitten.

Q. Where were you bitten? |

{fol. 110] A. On ‘the left leg abov e the knee.

Q. How do you know you were bitten?

A. Well, | know I was Bit. beeause 1 slappe cd my pants leg

and crushed it.

Q. What.do you think you out

“A, Well, it was something, some insect,

Q. Have you any. idea—

The Court: What was that r

Mr. Dudnik: It was some insect.

Q.: Have vou any idea as to the size of that insect?

A. Well, it was the width of them three _— s, over-

lapped, these three fingers.

Q. These three fingers?

A. These three fingers:and my thumb. I crushed it with

my thumb and my three fingers. ‘ 7

Q. And did you feel it crush?

A. I felt it crush. .

Q. What happened after you er pide it?

A. I straightened out my leg to make sure, I felt some. |

thing going down my. leg, you know, it would go down. ‘

Q. And did you fe el. it go down? me.

A. | felt it roll down the back of my leg. 7

Q. Did you see it? ~

_ A. No, I didn't. p

Q. Have you ever seen. it? i kao Mo, ?

[fol. 111] A. No, [haven't. :

Q. Why didn’t you see. it after it went down your pant

leg? - | .

ee : a 67

“Because the Diesel was too clos to me and I didn't

ln time to pick it up. es

Q. What did vou do then when the Diesel eamy at you?

A. Welk the Diesel come, LT got on the Diesel, and I

showed the manon the footboard, lasked him to look. I told

chim Lhada dite. | és . ° oa

Q. Did you feel any pain? |

A. Yes, I felt it.

Q. Was it severe or slight? ait

\. Well, it was severe from the beginning and it case sed

* ee ?,

— Q. You say you re ae it to the man on the. foothoard?

A. On the footboard. Pals

Q. Who was that man? . 4

A. Idon't know who thataman was

Q. Did you at one time think yo

didi you never know w ho it. Was? 4.

A. No, IT didn't think | knew who it Wats,

Q. Do you remember now who it was?

A. No.

(). Did he look at it?

A. Helookedatit. |) ,*

Q. Was that while you were Jn the Diesel!

(fol. 112] A. On the Diesel.

Q). Then.where did the Ditsel go?

A. We went to West Street.

Q. What did vou do? .

A. [got off the Diesel and went and looked the cars over.

Q. Did you continue your tour of duty?

~ oak. I did.

Q: During the timé that you continued your tour of duty,

did you feel any sensation at the place where you had. the

bite?’ |

A. Yes, I did.

Q. And where, again, was the place?

A. Above the knee on the hack of my thigh.

Q. When did you next do anything about that particular

‘bite?

AL Well, when we got to Clark Avenue T have a locker

there and I went in and washed it off with soap, washrag

and water.

knew who it Was, or

Q. Could you see it ?>

A. No. :

Q.. When was it that’s you did that? ? as

A. That was about 7:00 pm. a: ‘%

Q. When did you eat, before or after?

A. After.

Q. And when did you eat that day?.

A. About 7:15. - . .

Q. Was that at your supper hour then? ; 6

A. Yes, it was lunch hour. ate ,

- [fol. 113] Q. After you ‘washed .it and had your dinner,

did you continue to w ork?

A. Yes, [ continued to work.

Q. Did you finish your tour of duty that day?

a. I did.

Q. When did you finish?

A. At 11:00 p.m. that night.

Q: From the time you’ washed it -until 11:00 ae were

you conscious ‘of any sensation in back of your leg

A. Yes, I was.

- Q. Were you conscious of the sensation when you weint

home”.

A. I was..

.Q. What did you de then when’ you went home?

A. Well, 1 asked my wife to look at it She says that |

was bit. .

Q. Did vou tell her what happened?

A. And I told her what happened. —

Q. Did she describe it to you?

A. Yes, she described it.

Q. Were you alarmed about it?

A. No, I wasn't alarmed about it.

Q. What did you do.that night?

ALT got in the bathtub, took a bath, and went to. bed.

; share after that.

' Q. What did you do about it the next night, the next day?

[fol. 114] AL. Nothing. os ;

Q. Did it tkeep j you from w orking?.

A. No, it didn't.

Q. Were you conscious of a sensation ! 4

.. A. Yes, 1 was,

. Dil it ever leave yout , a ¥

rs ‘No. .

Q. Did vou do anything about it: the following day, and:

the following dlav, say, forthe next Tour or five days ?_

ASWell, for the next three or four days fhere was’

nothing done ‘about it. | =v

Q. Were you ‘alarme dabout it?

A. No.

Q. When did von first become -athrene dabout it?

A When she told me it was forming like a boil.

Q. Like a boil? wee

aA. Like a boil, and it. was going to bust. on

Q. Didit bust? — Ve

A. 1 got in the bathtub. 1 got " the bathtub and when

LT got ott she told me that it busted.

Q. What did you do then?

A. Then, the onty-thing | had was carbolic salve. T put -

carboli¢ salve on it.

Q. Did you see a doctor?

A. Yes, the first off day [| had, that was on a- Thursday,

[folc117] lL wenttoa doctor: Ae

Q. How-many days after that, do you’ know, after the

bust? :

A. No, it wasn't but a couple ot dayed.

4 W ho did you see? .

_DreHeller. :

Q. What did Dr. Heller do fer vou?

A. Well, the first thing he gave me was a shot of peni-

-eillin.

Y. By the way, had Dr. Heller treated you before?

. He was my family doctor, ;

@ And do you recall some of the things he treated you

for? .

A. Yes, he treated me for my hack, and that's x about all 1 -

guess. Se

QQ. Do you ‘recall ever secing him about your. chest?

A. Yes.

What was the imei nt that sent vou, that got you to.

Dr. Heller with regard to your chest?

A. Well, ] was working at DuPont Chemical at.the time-

when an a cuaaieaaly ares, and as I was eating: a a

70 - ‘

[just happened to get into this argument, and { made a

swallow iind it seemed to have stuck in my chest.

Q. And that is what yeu went to see hint about?

A. That's what 1 went to see him about.

Q. Was that cleared up?

A. That cleared up. :

(fol. 116] Q. Now, Dr. Heller gave you a shot of pent-

cillfin the first. time you saw him with relation to this bite.

and did you see him again?

A. Yes.

Q. How long after that?

A. Aday, the next day.

Q). Did you continue to work?

A. Yes.

Q Hlow many times did you se® him altogether, de you

reeall ? . :

~ AS Shout half a dozen times.

Q. Now, on the last time that you saw him what did:hé -

tell vou? —

A. He told me, fhe says, “1 will have to put you in the

hospital” @ :

Y. What did you do?

A. Well, | went to another doetor.

. Who did you go to?

Ippolito.

Dr. Ippolito?

Ippolito.

How long after the last visit to Dr. Heller?

It was right after the visit.

Did Dr. Ippolito examine vou?

He examined me.

. Was vour wife with you?

ifol. 117] A. She was.

(Q). What did Dr. Ippolito say to you ‘alter he examined

you?

A. He says, “You are going to the hospital.”

(). This time did you agree to go!

A. I went. '

QQ. How long after he said that to you did you get into a

hospital? :

A. The next day or two.

Oreorerere:

Q. And what hospital? .

NO Maryvineunt, : ’

Q. By this time were you able to see any part of the sore,

on vour leg? ; :

i em

Q. What did Dr. [Ippolito do for you in the hospital?,

Mr. Dudnik: ml in your way, sir?

Juror No.7: No. > SN re,

Mr. Dudnik: Thank vou...’ °

A. They took cultures and examinations.

_Q. What did he do by way of treatment other than the

examination and cultures?

A: Le operateds Skin—

*Q. How long—lLam sorry,Jim?

Q. Now, before fhe skin graft didn't he do something

else? ca . ;

ffol. 118) A. TP don’t remember.

YQ. bo vou remember?

A. I] don't remember.

Q. Before the skin graft, Jim, may | oask you avhether

you recall that he didia debridement operation, which was

cutting away of the flesh, dowou re veal] that?

A. Yes, L recall that.

Y: Was that the first operation?

A. That Was the first Operation. 2

Q. How long after your first entrance to-Marymount did

you have that debridement, if you reeall? ve P

A. That was only acouple of days after:

Q). Did he put you to tin

A, Yes.

Q. And how did you fe fF afterwards?

A. Sickly.

” a

— Q. Now, after you got over the effects or whatever it

was that put you to sleep, did you begin to feel anything

about vour leg?

A. Yes

YQ. W hat did.you feel?

A: Pain.

Q). What kind of pain was.it ?.

A. It was a sharp burning pain,

72 os

Q. Following that did you have a skin graft operation!

(fol. 119} A. Skin graft. .

Q. Now, ean you tell me bow long between the debride-

_ ment and the skin graft?

&. Xe \

Q. You can't?

A. BO

Q: What did hy ilo by 1 way of a skin graft.can vou tell us?

A. No, 1 ean't.tell vou. The ‘y Just took skin off my right

thigh and that’s all Lean say about it.

Q. Were you able to see the area that the skin was taken

from? ; mee

A. Yes. , .

Q. Will you describe that?

~d# It was raw.

Y. Vas it sore?

A. It was sore.

*'*a2. Could y ou tolerate it?

A> What? -

Q. You had no trouble ‘tolerating that pain, did you?

A. Well, yes, to a certain extent, it pained enongh that

Q. That you knew it was there?

A. a Cs,

Q). tlow about the area that the graft Was made on, was

that sore?

A. That was painful.

[fol. 120] Q. How long did you have that graft before any

other surgery was done on you!

A. [don't remember. I can't, L don't remember.

Q. All right. Jim. You were in Marymount the first time

- about four months, were you not?

A. Right. é

Q. During those four months did you have more than

the debrideme ‘nt and the one skin graft!

A. Yes. ;

-Q. What did you have?

A. Well, they were cutting away, and skin grafts.

Q. Were there several of those .

A. Yes. (

Q. Were they painful?

A. They were, ; :

Q. Was your legs the site of the trouble, getting more

painful, less painful or did’it. stay at the same level of

pain? ; Na

A. That was always painful? severe pain.

Q. Did they give vou anything for pain? :

A. Twas takingdemeroi at the time.

Q Demerol? *

AL Yes,

Qe: At the end of fonr tenths vor se. or te be precise, on

December sthoof LO von went heme. and veu were home

}fol. 121) for about, oh. four days less than a month, were

you not? — -

A. Yes.

Q. What did you de when von were home!

A. Nothing. TP tried erutehes once, and then Lstayed in

bed from then on. : Saks

Could you get along with erutehes!

No.

Could you go to the bathroom ’

No.

Who took erie of you! ‘

My wife. ,

During thi t period did she dies yor every day? -

She did. ; :

. IT mean the wound. |

A. Yes,

. Tell me, what did you experience when the bandage

was taken off?

A. Well, pain. °

Q). Was it ifitensely painful !

A. Intensely painful. (

Q. And was that every day 2 .

A. Every day.

Q. What happened to the area that the doctors treated

during that month, did it get better, stay the same or get

worse? —_ -

‘A. It just kept getting worse. s

[fol. 122] Q. Were you able to see it yet?

A. No, not yet.

Preoreverc

74 : ro

Q. How do you say it was getting worse, I mean, can you

explain what you mean by it’was getting worse, Jim?

A. Well, one thing, the bandage, i came off, you could

see the size, it was getting bigger in are:

@. What was getting bigger?

A. This—

Q. This sore? |

A. This sore, and there was more pain to it.

@). Did you finally go" back to the. hospital, Marymount?

A. Yes.

Q. How long were you ties the second time?

~A. (No response.) /

Q.. ly about 15 months correct?

A. I was going to say about 14 months.

Q. Tell me about that 15-month stay in the hospital, Jim.

A. What is theretosay? — .: As

Q. Will you keap your voice up? Are you getting tired?

A. Lam getting tired. |

Q. Would you like a little rest, Jim?

A. Yes. a

The Court: We will have a very brief recess. You won't

retire to the. jury room. You may. go out and ee a drink *

of water and smoke a cigarette.

(fol. 123] “Be ready to come back in a few minutes. Will

you all assemble there. Are all 14 of you there? [just

want to make sure that vou are admonished. not to talk

to anyon? while you are‘out in the hall there regarding this

case.

(Thereupon a recess was had.) °

The Court: Before you get started again, Mr. Dudnik,

may I say to the ladies and gentlemen of the jury, as you

have noticed I have cautioned you every time you leave

the room whether it is for recess or the termination of

the case at the end of each day, and every noon hour.

I want to further caution you, and | have cautioned you,

and vou have been cautioned during the impaneling of the

jury. to be careful in reading newspapers and listening to —

comments on the radio or television or any other medium

as it has to do with this case.

I caution you onee more not to fornt any’ opinions from

anything vou read or see comer ring this case.

¥ ott may proces “aly

ve 124), By Mr. Dndnik:' son

Jim, | asked you to tellus about the Tiamonths in the

itl ut Marymount, und vou said “Whit is there te

say?” R .

We Ho detame putt te vou this was. temake it brief. did

You have many surgical procedures there?

A. Y (Ss, po Sel ‘*

Q. Did this infection spread!

A. Yes, - ~

Q). Can you tell us te what parts of vour bedy it spread?

A. Under my arm, my right side hereon the back, and

my ankle.

Q. Are you pointing to Sour left or right ankle?

A. Lett ankie, |

. Were vou banelaged every day!

A. Bandaged CVers day.

Q. Were these areas running?

A. Running. . -

Q). Were they running with pus?

A. That's right.

Q. And how did the bandage, how did vou feel when

they bandaged vou?

That was painful.

Q). How many operations‘did you have at Marymount?

\e Ddon't remember, : |

Q. Yowhaven't any idea?

[fol. 125] A. No.

Q. Were vou given narcotics for the relief of pain?

A. Twas, 07 .

Q). Following the 15 months’ stay at Marymount — by the

way, during that time at Marymount was there an odor

from those areas?

A. Yes,

° When did the odor begin?

. Oh. som time after Pwent hack to the hospital.

. ‘ And did that odor continue !

A. It did.

Q. Through the balance of the stay at the hospital?

A. It did.’

Q. What kind of an odor was it!

A. Terrible.

Q. And was it 2fll the time ?

A. All the time.

Q. Now, then, on March Sth of 1956 you went home, did

younot? — ‘i

A. Yes. ‘¢ ss

Q. And you stayed home about four. or ive months, “did

you not! .

A. Yes.

Q. How did you feel during those four or five months,

Jim?

A. The same. Just painful. | was taking nareotic pills

(fol. 126} for the pain.

Q. ¢ ‘ould you sleep?

A. Off and on, I couldn't sleep. .

Q. Was the pain getting more severe or lid it stay at the

same level?

A. lL would say it Was more severe, _

Q. What was happening to those areas that. were op-

erated on during the time that you were at Marymount

‘the second time? a !

A. They were getting larger.

Q. What was happening to those operated areas. when

‘vyourwere. home during those four or five months?

. They were gettingdarger.

Did the skin grafts take?

None. .

They did not take? “ie Nat

No. ;

And did the sores ope nup again?

They opened up.

Were there some that vou could see,.lim! .

There was, after, | could sev it, yess i

Could you describe it? ,

Well. [don't know how to deseribe it.

Would you keep your voice up for me? -

It was stringy, various color, running. .

Was it running from more than one area!

CFE rere rere rer

[fol 127} AL Vos, ie-was.

Q. Now, then, on stuly 30th you centered: the Cleveland

Clinie? : .

A. Yes,

Q. And vou were there

The Caurt:: What year is this!

A. Of 1956. “Ae:

Q. Now. P hope Tam’ right, Yeu Were a patient at Chee

land Clinic trein July oe 108. te Huly 21 TMS. isnt thet

right?

A. That's fight. - | 6

Q. A period of about two Years!

A. That's right. | : *

(). However, there were sate periods durtug that. time

that vou were drome. : Breer”

A. Two or three f think. Mt ome tome Pthink @ was home

forfour days. - ; ,

Q. Four days andbyvon went batek !

A. Then Thad te ge back. | |

| Q. What was the longest peried that vou were home

away Arom the hospital during the twe dears at the Cleve-

land Chinie !

A, Four days. - ;

Q. Thatis your recollection ?

A. Ves, °

YQ. Now, then, when ven got inte the Clinie the first time

What shape were vou in, Jim?

[fol P28) AL Physically | was in good shape:

Q). Good shape! - *

A. Good shiajs physically.

Q. What was the condition of OUP area, sore areas?

A. That was undescribiable,

~ Q. Were vou in pain!

AL All the times P

(. What is the first thing they did fort yon by way of

treatment at the Clinie? :

A. Pdont know what they done.

(2 You don't remenmber?

A. Pdon't remember.

Q. Did you have any surgery there?

A * Yes. .

78° e

Q: How many times were vou in-surge rv during the some

two years or-texs that you were at the ¢ ‘leve ‘land ( ‘hinie

A. | couldn't count them.

Q. Were there many?

A. Many.

Q. How did you feel ae ‘reach of those surgical opera-

tions? .

A. Well. sick, miserable.

Q. And were you getting better? °

A. No.” e

—Q. ‘Or were you getting worse?

A. I think worse.

[fol. 129] Q. Did you have many skin grafts?

A. Yes. , a

Q. Did-you have daily dressings ?

A. Daily dressings, onee or twice a day. -

Q). Once or twice a day. | want you to tell me how you

felt when they took the bandages off?

A. It was painful, and I screamed. [used to seream.

Q. What is that?

A. Lused to scream, holler.

.Q. Did they ever have to take you in surgery and give

you a general anesthetic to take: your bandages off?

A. They did:

Q. How mahy times?

A. Oh, many times.

- Many times?

Many times.

¢ Under a ge ‘peral anesthetic? °

Yes.

ot Why was that? |

4 Was there an odor about those areas at the Clinic?

. There was. ,

a “Was it constant?

Constant.

a Jim, what happened i in May of 1958?

| fol. 180 | A. [lost my first leg. ~

Q. What happened three weeks later, Jim?

A. LT lost my second leg.

(. How did-you feel, Jim?

ee e ‘

;

‘79

Are vou ready to continue?

me Yes. . >

»* é ‘ .

. Do vou want to live, Jim?

_ I want to live. ~ yee

Q. You were .: harged from the Clinic or rather you left

the ¢ ‘Tinie oi, July 2115s, did you not, Jim?

AL COS, that’s right. |

Q. Where did vou go from there?

A. Highland View. ?

Q. Arevou still there?

Q. What are they doing for vou, Jim?

A. Therapy. Whirlpool, That's all.

(). Jim, are vour nese be healed?

A. One is. The other isn't.

Q. isit-Sllrunning? | ye

A. There is a drainage.

The Court: W hat? ;

(). Jim, are you a narcotic addict. 4

“ffoh W1] oA. No.

Q. Were you? : ‘

A.. Yes.

. Q. Do vou still take things for your pain?

A. Ido. — : ‘ , 5

*Q. Do vou have to takeat every day?

A. Every day.

QJ. Jim. do you have an ope nN wound“any Where now?

A. Onmy arm. .

Q. Tam going to ask veur wife to take. the dressing off,

and T want you to exhibit it to the Court and jury. Will

you help him, Mrs. Gallick?

Is it safe to do it?

Mrs. Gallick: Yes, it is safe to do it.

Q. Jim, Tam going to turn this around. I want the jury

to see this.

Can all of you foiks see that?

Now, Jim, bam not going to ask vou to show vour stumps.

But is that skirt upasdar as it can go?

A. As far as it can go. eee

fae.

Mr. Dudnik : Can all you folks see that?

Q. Jim, were ydu visited by any claim agents of the

Baltimore and Ohio Railroad?

A: I was...) ~ ae

[fo]. 132] - Q. When was the first time you were seen by a

claim agent?

A. I don't. re «member when, but it was at Marymount

Hospital.

Q. Marymount?

A. Yes. ; 7

Q. Will you keep your voice up. Was it during your

first stay or your second stay? . ‘

A. My first stay.

Q. Your first stay?

A. First stay.

_ @. Did you at that time give ‘them a statement of some

kind?

Yes, I did.

. Which you signed?

A. I signed. .

- Who was there when you signed ‘it?

Spinelli and Robinson. :

. Spinelli and Robinson. Were they both claim agents

of the railroad? ie,

A. They were. | inh

. Was there any body there representing you?

. No.

. When did you retain.a lawyer in this case, Jim?

A. In’56.

ore! ere

. Some two years later!

. Yes.

. And that was Mr. Cook—

{fol. 133] A. Cook.

Q. —who in turn was kind enough to retain me?

A. Right.

Q. Jim, did you keep a time book of ev ery day that you

worked? a |

A. I did. .

Q. And does that show the shift you worked and the days

you worked and the hours you worked !

A. Yes.

. ? -

Mr. Dudnik: You have copies of this.

Q. Lam going to hand you this book--mark it.

(Plaintiff's Exhibit 11 was marked for identification by

the reporter.) .

Q. If'is marked Plaintitl's Exhibit 11; aki ix this, Jim?

A. It is the time book.

The Court: What?

Mr. Dudnik: Time book.

Q. I believe it has records ‘starting in 19 what, Jim?

A. This is from April 16th.

Q. April 16th?

-A. To the dist.

Q. Of what year? W hat I inean is this, Jim, about how

many years does this cov er?

Aw "51.

Q. ‘or? -

[fol 184] A. °51.

Q. Thropgh the time you worked until you left work as a

result of your accident? |

A. Right.

Q. Jim, | am going to turn to the month of August of

1954. You have a word written there after the date August

~ 10th, and what does that word say?

-A. That says “Bug.”

Q. When did you put that in there, Jim?

A. It was after when I was visited by Spinelli and

Robinson.

Q). Was there any particular reason that you did it?

A. No, Just to give me an idea of about the date..

Q. And you still cannot tell the jury with any certainty

as to— :

_ A. No.

_Q. —as to thee ‘xact date?

- No. .

. It has been called to my attention that 1 may have

“over Pothag asking you g question, Jim.

I want you to tell me whether or not on the day that yeu

had the accident’ the diteh contained the things you de-

- scribed that were in it most of the time?

Co i.

3 “ai ° =

‘A. Yes.

Mr. Dudnik: You may cross-examine.

The Court: Ladies and gentlemen of the jury, in order

[fol. 135] to give the plaintiff a little rest period, there will

Once more, when you go out of here and have a smoke

and drink of water,remember the admonition not to talk

about this case with anyone, not even amongst yoursely es.

(Thereu pon a recess was taken. )

- Cross examination of James T. Gallick.

¥ o

‘By Mr. Hadden:

Q. Jim, before I-start out I just want to make it clear to

you that 1 have no intention to make it any more uncom-

fortable for you than it already is, and if it becomes that

way please let me know. .

Jim, you say in 1954 you were living in Parma; .how long

had you been in Parma?

A. A year and a half.

Q. Year and a half?

A. Year and a half.

Q. Was this a new house for you?

A. This was a new house..

Q). You were doing some work around your ohnee, weren t

you?

AL W Al, yes. .. P

Q. You did some work on your garage?

(fol. 136] <A. I painted it.

Q. And did you have a garden. in | the vicinity of . your

house?

A. No, no. \

-Q. But you did have a yard! ?

- A. Yes.

Q. With a lawn?

A. Witha lawn.

Q. During the summer of 1954 while you. were doing the

work of which-you speak, did vou ever have occasion to ‘de

out in your back y ard with shorts on? -

a AL No. L never wore shorts.

Q. You néver wore shorts?

A. No. fae

Q. Do you remember the date that you moved into your

hotise i in Parma? —

A. No, L don't. ;

Q. It was in the vear 1953, was Tt?

A. Maybe. . mas

ae You can't be sure?

A. No.

QQ. What can vou tell me, i about the Weather in the

m onth of August, Wot? .. - °

A. Well. it was nice aaa

” ee Q. Ittwas nice Wweatlhitr

: A. Nice weather.

(fol. 1I3t}) Q. Can you reveall at the present time ever hav-

ing seen or heard any thunde ‘Ystorins or any ‘had storms:

during that.month?

A. No,

(Q). Would it be fair te say that perhaps for three weeks

or a month before your insect bite there had bee ‘mono real:

heavy rains?

A. No, there was no heavy y rains.

Q. Now, while-von were on the Number 2 vard sx or

Seneca Street, job, duri ing the month, of Anenust,.lim, | would

like to get it-ca litthe more clear in my mind exactly what’

- are : it was that vou had to work ini.

\s | understood it, you came to work every day at the

ene “a Street vard office, is that right ?

A._Yes.

-Q. “And that is loc: ited mavbe a couple of hundre db vards

from the ¢ ‘olamMus Road bridge?

A. Yes, '

Q. Now, during the course of vour anvdina ry working day

on that job, via far to, the north along the B & O tracks

w ould you go? 3

A. To W hiskey Island. .

Q. That is.an island on ‘the short: of Lake Evie, isn’t it?

A. Yes. ; F = en 5

Q. Right Up.as far nerth ax vou can go? |

A. Yes,

[fol 188] .Q. How far south would you gett

A. Te Clark Avenue.

—Q. To Clark Avenue?

A. Not during the. afternoons, though.

Q. Well,;sometime ev ery day you would get down to

Clark Avenue?

A. Yes. :

Q. And would that be at the south end of the Clark

Avenue yards?

A. Yes, south.

Q. In other words, you would work in and around the

yards alse? ;

A. Where?

Q. Well, your work took 4 you through the y yards not just

up to them?

A. We would take our cars to Clark Avenue, disconnect

the engine and come back to the yard, switchman’s shanty

there, and go to lunch. ;

(). In any event, your: work did take you down to the

Clark Avenue 5 vards, that is right, isn't it?

A. Yes. = :

Y. Now, in the course of traveling back and forth along

the B & O tracks between the: limits that you have men-

_ tioned, you had to pass niany industries on both sides?

A. Yes:

‘{fol. 139] Q. And you had to travel, if would be fair to say.

wouldn't if, ‘throughout the flats area?

A. Yes.

Q: What was your habit, Jim, so far as the clothes that

you wore on the job i in the summertime ?

A. Like\any other man. A shirt, trousers, and T always

wore a 10-inch, that is 10 inches high, Chippewa shoe.

Q. 10-inch high C hippew wa shoe?

A. Yes.

Q. That would come up above your ankle, is : that tight? :

A. Yes.

(). What can you say about your pants, were they the

regular khaki pants that most people Wear in the summer-.

time!

A. Yes.

—,

83,

Q. And Hey came down tothe top of vour shoe, did they?

os No, the y came down to the ankle. lig.

To the ankle, Do vou remember whether it was that

Be a clothing you were wearing on the datte that this insect

bite took place? .

A. It was.

Did vou have socks ou?

a Yes, -

. What sort of socks were they 2°

They were cotton socks.

a How high up your lew did they come:

(fol. 140] AL T would Pe) they were about 12 inches high.

So they overlapped the shoe about 2 inches,

Q. I see, were they turned down over the shoe top, or did

they stick up?

A. No, they had elastic.

Q. They had elastic tops?

A. Yes,

Q. On the day of this insect bite, Jim, T would like to get

a little more clear in my mind exactly what your movements

were, , - ee

Please, again, if yeu begin to get tired. please det me

know,

The Court: Are vot tired now?

A. No.

Q. You reported to work as vou said at the Seneca Street

vard office ?

As —. vara alle. :

Q. fain not sure exactly what time vou arrived on this

partic eae day? .

A. | would sav around 2:00, which was re ular for me,

Q). | understand voucto say that it was regular that vou

arrived at 2:00?

A. Around 2:00,

Q. Now, Jim, do von recall in August of 1957 while vou

were a patient in the Cline, that Mr. Diidnik and Mr. Nu-

[fol. 141] renberg and myself and a court reporter came to

see vou, and we took vour de lias

A. Yes, ;

Q. Do vou recall telling me on that oceasion that vour

usual time of arriving on the job was 2:30 in the afternoon?

A. No, I don’t.

Q. You deny that vou said that, sir?

A. 1 don’t remember saving it. But I still say it was >

2:00.

Q. It is your opinion that 2:00 was the time rathe ‘r than

2:30?

A. That's right.

Mr. Hadden: May l have a second or two, your Ilonor?

The Court: Surely.

Q. Jim, 1 am going to read to you a question and answer

or two from your deposition, merely for the purpose of:

finding out whether this refreshes’ | you on What Was said

back in August of 1957.

lL asked you—

Mr. Dudnik: Page and line?

Mr. Hadden: That is Page 62.

Q. The question: “You are not able to say then where

you have been or what you had done during the half hour

or so that vou had been working before vou were stung ?,

“A. Yes. | was in the'vard office a half an hour before

[ fol. 14: 3) talking on the tele ‘phone,

“Q. You had been in the vard office?

“A. Yeu.

“Q. And vou came to the vard office at 3:00?

“A. Before, before 3:00, We generally get there around

2:30.

"QQ. Areund 2:30?

“A. 2:30

“Q. And how long would vou ordinarily be there?

“AL Well, we would vet to work at 3:00. Get there at

2:30, get to‘the telephone, quarter to three or 3:00, and

stay at the telephone 15 or Inavbe 20 minutes, and then go

out and pick up the Diesel.”

Now, Jim, does that refresh vou on the questions and

answers that we had?

A. Yes.

Q. And do vou say it is true or not true that vou got there

at 3 :00—-exense me, at 2:30 0r at 2:00?

A. 2:00. | | 7

—

Q. You deny what you said at the deposition, then, ix that

right?

A. Yes.

Q. You were under wath atthattime?

A. Yes.

Q. In any event, vou get vour orders from (lark aveque

| tel. 14:5 | on the tele ‘phone, ix that right!

A. That's right.

Q). How long did that-take vou?

A. What?

(). To get the orders ove r the tele plone.

“A. Oh. 15 mintites, 20 minutes.

Q. Then dtd youproceed on to do vour work?!

A. Then we ae al out-te do our work. ;

Q. What did you de during the ather 40 or 45 minutes that:

you were in the Yard office

A. We liavt a locker there, sit inthe shanty, loaf, talk.

Q. You loafed for 45 minute-. then ven proceeded ont to

your engine, and E think von said that won left. your lanch

ine ket and your lantern theresis that right?

A. Yes. : °

Q). On the engine? _

A. On the engine.

2 And vou went to the spur vard?

A. Spur vard. Tract: 7.

Q. Track 7. If Lam correct, Track Twas a track whieh

lay between the river and tracks leading inte the freight

station, freight house, is.that right?

That's right.

(). And how iorg were vou there!

A. 10.15 minutes, .

[fol 144] Q. And after havin: done vour work there vou.

proceeded Ww here?

A. I waited until the Diesel was coming out. The Diese!

passed me. Then Tstarted toward~ the river track.

Q. Which way was the Diese! going?

A. The Diesel was going south.

(). That is, back in the direction of Sherwin-W illiams?

— AL Sherwin-Williams.

Q). What was its purpese in going back there?

A. To throw the switeh, so we co to West Street.

Q. Did you have anything to dé with the throwing of the

switch there?

A. ‘No, I wasn't at that point at all. ‘i

Q:-1 see. So you went directly from = the spur yard

towards the C olumbus Road bridge? ee

A. Yes. j zs «

-Q. Now, Jim, I think .whien you were answering Mr.

Dadnik’ s questions, you said when you got unde sans the

bridge you stopped?

A. I stopped. ,

Q. And how long is it that you say you ‘stopped?

A. Oh,a half a minute.

Q. Half a minute? , .

A. Wait a minute. | didn’t finish my question.

; . Excuse net beg your pardon,

[fol. 4 5) Ae Half a. minute, maybe 40 seconds.

ral | What was the pur pose of your stopping?" .

To see that the engine, the. Die sel, Was coming tow ards

{

me.

Q. From the positien that you boii and turnedscould

you see the Diesel?

‘ A Yes. . , {

Q. Could you see it as far as the switch point where it.

had to back up and then come back towards vou? .

‘A. That’s right. .

Q. You could see that far? lees

A. That's right.

Q. What did the Diesel engine dow hile vou watched it?

A. Threw the switch and he started back.

.Q. That is, the switch was thrown and: you saw him c¢om-

ing hack? :

A. Yes.

Q. Was it at that time that you felt thie insect bite?

A. No. -«

Q. When was it? :

A. When T seen the Diesel was coming back T turned

around, started walking north, and T took a couple of steps

when this insect bit me.

Q. It was shortiv then. df was right after vou had stopped —

and looked down the track, is that right?

A. (Witness nods.)

[fol M6] Q. Gan vou give me some estimate of how long

it was, between the time that vou turned back to continue

your walking and the time vou te lt the bite?

: A. | took about two ste Ps.

Q. A matter of one or tWo seconds then pe re,

A. Yes, :

Q). In other a at Te ast avery short tine,

A. Yes, ' Reece

Q). At that potut ie Diesel engine had just started to

move toward vou, is that right? ‘

A. No, he started to move towards me up un til P watched

him.

Q. Well— ee

A. And then TP turned around nnaael started walking north.

Q. The'point 1} was ‘wetting at was Whether vou turned

and started to walk as soon as vou saw hit begin to move

toward vou?

A. Yes,

_Q. Jim. showing vou Plaintiffs Eshibit 2. DP will ask vou

to say what that is, if vou can tell.

A. That is the diteh. ; ;

Q. Can vou identify, the track for me and what it showed

"atthe time? : :

A. That is the river track.

Q. In which direction | ix that looking, is that looking hack

[fol. 147] towards where vour Diesel was?

A. Yes. That is south, looking south.

‘Q. So if we give our atteation rh ato the right hand side

of this pieture, that shiws Inere or less the view that vou

had as vou stopped and von say ven turned around: ind

looked tow ards vour Die sel. is that right ”

A. Yes. ~

Q. Now. can vou tell me by lacking at this picture Whether

the: point of the switeh is shown?

By RO o

(). You can't see it? eet ’

A. No, Tean't see it, That was taken ona eirve angle,

QQ. dim, returning onée again, to the tinte two vears ago

When vour deposition was taken, do von reeall saving any-

thing at that time’ either to Mr Dudnik or to mvself when

“we questioned you with regard ‘to stopping and turning

90 eS >

around in the middle of the track for half or thre e-quarters

of & minute! ? | j

Mr. Dudnik: There is an objection, vour Honor, unless

there is something in there as to Whether he’ stated some-

thing differently. But whether he recalls if the question

wasn't asked there would be no question of récolleetion.

So there is an objection to'that question, —%

Mr. Hadden: Your Honor, it is a perfeetly proper «les:

tion on cross-examination.-

{fol. 148) Mr. Dudnik: Are vou. laying the foundation!

Mr. Hadden: Tam.

Mr. Dudnik: T withdraw the objection,

The Court: Proceed. a

(). Do you have the question in mind of would vou like to

hone it read, Jim? | :

A. Read it. sieram

Mr. Hadden: Read the question, please.

ee question was read by the reporter.) ,

» LEcan't remember saying it. :

- Jim, I want to read you a few questions and answers

here.

_ Mr. Dudnik: The page, please?

Mr. Hadden: Page. 24, towards the end, towards the bot-

tom.

Q. Mr. Dudnik was questioning vou at the time of these

questions and answers, and | will read them.

“Q. Now, describe this ing ident in your own words, Jim.

“A. Well, [started towards West Street, and Twas

over in the spur yard first. | crossed Lime’ Road, started

walking underneath the® Columbus Road bridge When [ got .

an awful biteon my left leg,”

Do vou remember those questions and answers?

[ fol. 149] - A. Ido.

Q. Do you remember saying, Jim, that while vou were

walking under the Columbus Road bridge you.got a sting?

A. Yes,

Q. Now, am interested in the date of this accident.

Mr. Dudnik: Just aometment. Lo veur Honor please. I

NOW Penew tis objection: te The Question an Whieh he said he

Wits laying a foundation. Tae question wasi’tasiked. “There

fore To renew my objection. The question wats never asked

Whether hy stoppedor didn't stop en his depesition, and then

Powitheltew tay Gbjeetion when Mr. Hadden said he wats

leaning the foundation, and | theturht

The Court: As cD reiaenioe® aed think Mr Hadden was

ae ; | i. s

reading from: the ch pesttion. amd ashed if the plamtail re.

tiehiberced say itis tae lanectiace taint Wits rene frei the depo- ;

sition, ?

Mr. Dudmik: Yes, but Dae talking about the objection:

before that. - Zn

The Court: TP odon't think weever get an answer toe it

, anyway.

we.

e>-@ Rare of

Mr. Dudu: QU recht. Pana serrs DP ssid anmvthing. Tt is

ab rizht, your Homer. Paves by tiat Daim net pressing the

point. , a ,

“The Court: TP dont thankethere was am answer te that

[fel 150) question. beenause "Mrs Pladdenm then went inte

the deposition said reatel frets: the depesttiam. - |

Mr. Dudnikt: Un other words. be asked him whether he

yetnetubers bere ashed any thm ahent <teppanmg umdep the

bridge: ; ays

» The Const: That’. right. and there wasenever an answer

to that.

Mr. Durbiik: Nm the witres. sand bo didn’t remenbier

The Courts There wits never an answer te that question,

Py " '} °

cas Preeatl

Mr.-Dudnik: Them he did not read amy quesfion with re.

lation te stompan. tinder the daidee. “There is ne such thing

In the deposition. as Psce it, cour Toner ‘Thattis why I

ann objecting tir the epttes* rena! boeecense: May Phinededeen snd he

Was laying a foundation apparently to stow that the witness

said something else om tis denmesitoon. As a matter of taet,

he did not, vour Efoner. .

Mr. Hadden: Wellothat is get tht poitt, cour Foner

The ‘omrts The last onestion amd omsqwer nay stand,

QO. Mr. Gallick, with respeet to the inseet whieh bit vou,

I fol, 15] fer Iyieehy Vou edevirn hit ven its | tineders tered it, vou

ae : x

92 9

_felt a stinging sensation behind vour left los inside your

~ pants, ix that right?

A. I felt the bite.

Q. You reached down with vour left hand and‘vou grabbed

an object inside your pants?

. Right.- 7 ‘

. With-the first three fingers . on

Three fingers.

Ofwhichhand?

. OF the left hand. -

Of the left hand? ‘

A. And the thumb.

(). And the-thumb!

A. Yes. a

@ And vou squeezed it?

. Psqueeged it. , °

> Now, vou said vou heard a—

A. A crack. .

» QQ. Did vou hear the crack or feel the crack? ,

++ A. Both. .

Q. Can vou ren with. somewhat greater accuracy

how big around it was?

&. Well, TP would say about as big dround as my little

finger. . .

()..As big around as vour little finger?

[fol 12] A. Yes,

Mr. Hadden: Mav we oe the record show that. is

mavbe half an ineh in diameter

M r. Dudnik: Call itiant | way you want.

Q. Would vou hold vour hand up again so T ean see what

Vour three fingers look like? ‘

An inch and a tialf tp two inches long?

A. Two inches. ie

Q. Two inches. So in your best judgment, whatever it

Was that was under vour pant leg was about two inches long

and perhaps half an inch in diametér?

A. (Witness nods.).

(). Perhaps the size of a peanut, w aia that he?

A. T think a peanut js 2 little bigger.

YQ. A little higger?

ne ee

—

‘

A. Yes, . ’ Nan Me

Q. You have never deseribed it in that way, have you?

A. No, ,

‘- And vou fe It itroll down your — lew?

. Pdid. ,

Hy When it rolled down vour pant leg, can vou give me

any estimate of how long that was after you had turned:

around and started to walk towards West Street!

Lounderstood you to say tavo to three secotyts, oF two

LYol. Load seconds, to be more éxact, between the time vou

started to turn— aoa y fa

A. Yes, | took ae ople of ste _

(). —-that vou lity ped vour ley

AL Yes,

Q. And then immediately the bug rolled down your pant. .

Jew? °. : oe

A. After TPslapped it. it rolled down my leg. -

~Q.

walk back in the direction that vou had started out, and the

thine this tnseet rolled down vour leg if that is what it was,

Was mabe five sevonds, is that a fair statement?

A. No. ttould be longer than that. +

Q). It would not-be ?

A. It would be.

(®% It would be. How lone*would it be?

A. From the time TE turied around and started walking

north, I would nay yt would he closer to between 30 and 45

seconds,

Q. T want to make sure “ton understand the question? and

that ix after vou had stopped and looked around, vou say

‘from the time that vou then turned to go back, took two

steps. slapped the inseet and it: fell dow n your pant leg,

that was 80 to 40 seconds : ry ;

A. Ae es, . ;

Q. What can von tell ine, Mr. an o about the condition

of this pool as you deserihed it, «the vears that vou

(fol T54) worked there? [ft 1 gét ee dircet testimony

correetiy, vo worked for tie B&& QO and had occasion to be

under that bridge for something like ten vears, is. that

right? ; ’ oe ak

A. Off and on, ves. .

~~!

So that the time lapse from the moment vou started to...

94 . a =

Q. Off and on? . : at.

A. Yee « « - :

Q. And for the last poe :

A. Four years. *. nal os

Q. —quite regularly? . .

A. Regularly. \

Q. Would it amount to more than once a day sometimes!

A. Yes. \

Q. If you went through one way, you hind to come ‘it

again, didn’t you? \

“A. Yes. € \

: 4 ° 4 8 \.»

Q. So it would be twice a day, at least twice a dav?

A. Yes.

Q. Now, during this period of ten vears that vou saw it |

occasionally, and four that you saw it regularly, was the

condition so far as insects, stagnant water, and the like,

the’same? : : .

. A. It was. ,

given time that vou had to be there?

A. It was always filthy.

[fol. 155] Q. Please answer. the question. It neither got

better nor worse during the time that vou had occasion to —

see it? - : : t

A. No, it got no better or no worse.

4 And that condition was filthy as vou described at?

Yes.

O. Exactly what do vou mean by the word filthy?

A. Filthy is part rotted Rides of dead pigeons, dead rats,

dead insects, flying in and around that area

~ Q. And by that area do'voyn mean the area diy rectly under

the bridge or some larger anf’ ?

. That area under the bridge and other.

And some other area, also?

Yes.

Whatarea was it in addition to the part of the bridge?

South of the bridge. _

South of the bridge? ran

And north of the bridge. ”

Both south and north of the bridge?

PeOP DEO? y

Q. That is to say, it got neither worse nor bétter in the |

A. Yes, sir.

Q). Taking the north part first. how far te the north of the

ge! did this condition prevail? .

/ Oh. would sav about 50, 75 feet

; Was it restneted In that area toe the east side of the

trac ‘ks?

A. Yes, inonite. ,

[fol M6) QQ. Well, there was no water en—

A. No. iis.

Q. —on the west side of the trae ‘ks, was there?

A. No, there wasn't.

Q. How about to the south of the bridge, how far—

Mr. Dudnik: Didn't he say seuth—wasn't that south,

or north? ane

Mr. Hadden: North. sry ies

Mr. Dudnik: Lam sorry.

» Q: How about South of the bridge, how f ar did the ares 2

extend in that direction? s

A. That was covered with de ad crats and rotted hides.

Q. Maybe vou didn't understand the question, The ques-

tion was how far did that area extend?

- All the way to Sherwin-Williams.

» All the way to Sherwin-Williams. And how great a|

Pn ‘e would that be?

A. About 200 vards.

Q. When youosay Sherwin W iNiams | take it von mean

_ the first part of the She ‘TWH -Williains buildings, or did it

“go beyond that?

= The first part.

‘ The first part? | ’ Ps

“ 4 To their overhead awe !

Q. To their overhead bridge; that iS an overhead bridge

{fol 57} that crosses over ‘a river track and goes be. *

tween two parts of their plant?

A. That don't cross over the river track.

? Well, it does co between—

\. It crosses over the east and west—the main track

there, what we call the main track

Q: That is not the river track down there?

A. No. ‘

96 4

Q: When vou say that this area extended that far to the

south, what exactly do you refer to, do you refer toa wide

area orto a narrow area?

—/ A. The width of the tracks: | a

/ Q. The width of the tracks. Is that to say, then, ee

cine insects, rats and other things Were on the tracks, «

that it was just the width of it? |

A. What do vou mean on the tracks or thee width of it?

Q. You said the width of the area that extended down

to Sherwin-Williams was the width of the tracks. ¢ Now, I

am trving to find out whether veu mean to say that that

was the area, the tracks are the area that had the filth on?

A. Our right-of-way.

' Q. It was the w idth of the traéks, and the things that you

described were on the tracks themsclves, them?

A. Yes.

Q. Can vou give us anv estimate of how many dead

[fol. 158] pigeons you may have seen on any given-oceasion

right ‘under the Columbus Road br idge?

‘A. Under the Columbus Road bridge?

Q. Yes, the place where you say you were bitten?

Well, [ never counted them.

Q. Well, was it one?.

A. Oh—

Q. Was it five thousand?

A. No. T would say twenty.

Q. Twenty? .

A. Or more.

. Twenty or more, and: when you say twenty do vou

mean that those were dead pigeons?

A. Dead pigeons or dying pigeons.

Q. Was there ever a time that vou can reme ‘mber when

there were fewer pigeons than that?

A. Yes.

Q. When-was that? I thought mor condition remained

~ pretty constant from what vou told me?

A. Well, T never, just like I say, I never counted them.

(Q. Am I-now to understand there were timey/when there

were fewer?

"A. Yes. i . , | ae f as

“ . -

. we. BR VY

Q). Can vou give ine some estimate of how many dead

pigeons, dead or dying pleeons vou may have seen?

[Poh dae y AL Oh, saw twenty or thirty.

(). Is that the fewest you ever si aw!

A. Yes. » |

Q.- Are vou wetting tired?

A. Lam getting tired,

Q. Well, then let's suspend, may we, vour Honor?

(Counsel and the: Court conferred at. the heneh. )

The Court: Ladies and gentlemen of the jury, thé heuili tt

Will adjourn Court for the dav in just a moment.

Before he does, vou will remembor there will he ne Contt

‘tomorrow, and you will feport back at 9:15 Monday morn.

ing, once more with the admonition that vou do not. talk

with anyone about this case, not even amongst vourselves.

(Thereupon an adjournment was taken ta 9:15) acum,

- Monday, June To, 159) at which time the folowing pro-

ceedings were had :) - ay

[fol 160] Monday morning sossion, @:15 am, Jane 1. 1959

The Court: Ladies and gentlemen of the jury. by agree-

ment of counsel on both sides, we are to take the testimony

of two witnesses out of order he fore wee omplete the cross.

examination of the | daintiff.

You will sane when we adjourned last Thursday the

piintiff. was being cross-examined Dy defense counsel,

At this time Dunderstand the pli aintiff is calling two other

Witnesses sis that right! ‘ :

Mr. Dudnik: Yes:

Mr. Leasure: Yes. a —

Mr. Dudnik: Dr. Heller. ia

Therkupon the plaintiff, further to maintain the issues

on his part to be maintained, called as a witness Dr. Jacon

R. Hevierswho, being first. duly sworn, Was examined and

testified as follows: ,

Direct examination of Dr. Jacob R. Heller.

_ By Mr. Dudnik :

Q. Dr. Heller, will-veu on your name in full, please?

A. Jacob R. Heller, H-e- l-l-e-

{fol. 161] (). Where do you ie, sir?

“A. 3000 West Sulgrave Oval, Shaker Heights.

Q. Are vou a lic ensed practicing ‘physician in this com-

munity?

A. Tam.

Q. Where did vou take vour medical training Doctor?

A. Ohio’ State University. West Virginia University.

. When did you graduate?

1928.

Following that did: you “intern in any hospital, sir?

Tdid.

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