# Transcript of Record — Gallick v. Baltimore & Ohio Railroad > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386410_0154%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1963 - **Citation:** 372 U.S. 108 ## Text “LIBRARY "S “IPREME COURT. UL & VOLUME I TRANSGRIPT OF RECORD o-_ raaevones Ceiae of the United States OCTOBER TERM, 1962 No. 16 a 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 s ; , = 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 a . 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 . ii Record from the INDEX a: 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 | 213 213 130 2g 29 231 233 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: 634 636 637 637 “638 639: 639 639 639 639 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 . : ® 7% 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, - & r @& 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 t= 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. © 6. In that it kmew that by permitting ail peel 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, 4 ~- rs f 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 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 f 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.) ~ » —_ o 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 . 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 a 17 - * 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? 18 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 i (). 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? gG . ¢ 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. : 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! Q ca - | - . , . | . - \ 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, 20 [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 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 Q op wd Mr. Rady. may To impose on vou te speak loudly enough =) thy bal folks eon hieuur Vou. The ( ‘ourt » Reed V y «): a (). A. 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. Me (). 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. . . 4 . 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, ~ 28 [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? 31 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 a [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 + 36 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’ © Men aie * 09. Nal did ven ro) . : Ne Ves. Debi ° : ¢ () Wil! Meets f. SL thee neat sy ceteed Slee © cotaet oe Nine? 4 whist Sen . 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! : a t. Pink Dt wire ade por pe nk, Picdat give vou ams eygmermm! 60? , . . (). t- No os a . 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 : 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, I (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? “- 0 45 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? Pa 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? Oe 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. 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. ¢ 0 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, « ad o . ; 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 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 e \ ! he ‘ 1." t a tts ’ AS oe we . 4 ‘2 = , e s \\ “ ‘ ‘ \ \ 4: \ " : \ ‘ .* . ‘ ‘ ‘ 7 . J ° \ \ / kN 4 . ‘ co) : . e . \ ’ z all os ‘ be ° A ’ . “ he ' \ \ ; me % 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. sf a~ \ (). 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. . s wo 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 - 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, 4 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 ‘4 / - ; . : , a ag 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. ~ r 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? ~ es ov . & j oC . 62 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 al a 63 —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 64 oa | you- about that during the luncheon intermission ; Was ‘it smallpox ? A. Chicken pox. 8 Q. Chicken pox! | “MS A. Yes. © Q. Are you Sure of that? 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 | e > ee 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 - ‘ S [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: 71 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? A. Skin graft. © : 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. a4 76 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 oe 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? | A. Because it was so painful. © a 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 ‘ ; 4 ‘79 Are vou ready to continue? me Yes. . > »* é ‘ . . Do vou want to live, Jim? "4 _ 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? “A. Dam stillthere, ©. . ; 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? ; © Mr. Dudnik: There isa drain lee, your Honor. (). 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. 80 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? Q A Q A. In’56. Q A Q 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. 7 . ? - 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 be another short recess. © | 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] 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 — 87 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. 88 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.) 89 [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 3 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. 91 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 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. . ~~! » 93 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 un [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386410_0154%3A01. Public record. Not legal advice.