Q. Was it at the end of the platform? You said quite a distance. From where? A. Quite a distance from where my mother was.

Q. And how far had you gone after you left your mother before the accident took place? A. Well, just as I got towards the news. stand and I looked back because the train was in, and I wanted to see where my mother was, and I saw the two men running to get on the train.

Q. And you had gotten right up to the news stand before you noticed these two men, hadn't you? A. Well, just about to it. Q. And how far is that news stand can you point out in the room here from where your mother was standing? A. The news

stand must be about here (indicating), at this here corner (indicating), and my mother was over here (indicating).

Q. About the width of the room? A. From about here over to the other side to that wall (indicating).

The Clerk: It is 29 feet.

Mr. Wood: Thirty feet, I should say.

Q. Could you see your mother from the news stand before the accident took place? A. Yes—just about noticed her, because the station was crowded.

Q. Then I understand this train came in and was about leaving the station, and you say two men came running to get on it? A. Yes, sir.

Q. And one of the men had a bundle? A. Yes.

Q. And the first man got on the train, did he? A. Yes, sir.

Q. And as the second one was getting on he dropped the bundle? A. Yes, sir.

Q. And the bundle exploded? A. When the train started to go and he was on the train.

Q. What? A. He was on the train, and he dropped the bundle getting on, and it exploded.

Q. And it was the bundle that exploded, was it? A. Yes, sir. Q. And then after that, there was considerable confusion amongst the people? A. Yes, sir.

Mr. McNamara: That is all.

Mr. Wood: That is all.

Now, I have an expert neurologist, your Honor, who was to be here at half past ten. He is expected any minute.

The Court: It is more than half past ten.

Mr. Wood: Well, he said 11 o'clock, as he had many patients to see, but I accelerated the time from 11 to 10:30.

The Court: If he comes in, I will let you put him on.

Mr. Wood: Now, with that exception, your Honor, the plaintiff

rests.

Mr. McNamara: If your Honor please, I move to dismiss the complaint, on the ground that the plaintiff has wholly failed to make out a case against the railroad company here. There is no evidence at all of negligence on our part. It surely can not be anticipated, when people are carrying fireworks in a package, and we can't have everybody open their bundles when they come on the station platform. The Court: Motion denied.

Mr. McNamara: Exception. I rest, if your Honor pleases, and I renew my motion to dismiss at this time, on the ground that no negligence has been established against the railroad company.

The Court: Motion denied.

Mr. McNamara : Exception.

Mr. Wood: If your Honor will indulge us for a few moments, I know that my witness will be here.

The Court: I don't want to deprive you of the benefit of his testimony. I will wait a few minutes.

(At this point the Court declared a short recess.)

AFTER RECESS.

DR. GRAEME M. HAMMOND, residing at 40 West 55th Street, Borough of Manhattan, City of New York, called as a witness on behalf of the plaintiff, being duly sworn, testified as follows:

DIRECT EXAMINATION BY MR. WOOD:

Q. Dr. Hammond, are you a regularly licensed physician in this City of New York? A. Yes, sir.

Q. How long have you been practicing as a physician? A. Since 1881.

Q. Continuously? A. Yes.

Q. And during your practice have you specialized in any particular branch of medicine? A. Yes.

Q. What are your specialties? A. Nervous and mental diseases. Q. Just tell this jury, please, a few of the hospitals that you have been connected with or are connected with, in that capacity? A. I am connected with the Nervous Department of Bellevue for some time; professor of nervous and mental diseases in the Post Graduate for thirty years; chief of clinic at the Post Graduate for the same length of time; neurologist of St. Marks Hospital, the Skin & Cancer Hospital; the Fifth Avenue Hospital, and the City Hospital on Riker's Island.

Q. And during the world war were you connected with the United States Army? A. Yes, I served from the time we went in until three months after we came out.

Q. In what capacity? A. I was alienist and neurologist. I examined the troops before they went in, to weed out those who were nervously and mentally unfit; examined all the militia in New York City, 27th Division, at Camp Mills; 77th Division at Camp Upton, and the troops at Camp Mead before they went out; and then I had command of the hospital at Camp Upton for nervous and mental diseases, and command of the General Hospital No. 1 for the returned officers from the other side who had nervous and mental troubles.

Q. During that time how many examinations do you think you made of soldiers? A. I examined 68,000 troops.

Q. Now, doctor, have you examined this lady, Mrs. Palsgraf, the plaintiff in this action? A. Yes, sir.

Q. When and where did you examine her? A. At my office, two days ago.

Q. Tell the jury, please, in your own way, what you found her condition then to be? A. Yes. I noticed, first, that she stammered quite a good deal, and it was with difficulty that she could talk at all. If she persisted she would get the words out. She had insomnia, depression of spirits and crying spells - headaches.

Mr. McNamara: Now, if the Court please, I object to the insomnia. There is no evidence here that that is connected in any way with this accident.

The Court: Well, I don't know that there is any direct testimony by her about her lack of sleep.

Mr. Wood: Possibly not about the insomnia, your Honor. The Court: It may be stricken out and eliminated from your hypothesis.

Q. Proceed, doctor. A Early mental fatigue on reading; early physical fatigue on trying to do any work; loss of energy and trembling of the body. The trembling I could see. Her blood pressure was 190. When I touched the ball of the eye she gave no sign that it hurt her. I could touch the ball of each eye with my finger without eliciting any sign of pain from her. When I placed her on her feet feet together and eyes closed- she fell over. There was a tremor in her hands and a twitching of the muscles of her arms and of her legs at times not always. I think that is about the sum of what I found.

Q. What did you diagnose or call, in your medical terms, her condition to be? A. She was suffering from traumatic hysteria.

Q. And by "traumatic" what do you mean? A. It means traumatic neurasthenia with more symptoms added to it. It is a nervous disorder which is due to shock and fright, more than to physical injury. It leaves them with a very unstable mind and this collection of symptoms which I have just described.

Q. What does the word "traumatic" mean in plain English? A. It means from injury due to injury.

Q. Doctor, assuming this lady, 42 years of age, prior to August, 1924, was in good health; on that day she was in a station of this defendant company and suffered from the effects of an explosion nearby so violent that it threw her up against a scales on the platform and hurt her left arm and left leg and rendered her dazed, the whole station being permeated with smoke, dense smoke; she was led by a policeman to a nearby seat, placed there and given water to drink, and then treated by an ambulance surgeon, and then taken to her home in a taxicab, where she was confined to her bed for about ten days and her home for about two months, and treated by her family physician; assuming all those facts to be true, based on the assumption that they are true, as well as your own examination of her, can you state, with a reasonable degree of certainty, whether or not the condition you found her in was due to the accident that she says she sustained August 24, 1924? A. Such an accident as you describe is a competent producing cause for the symptoms she shows.

Q. Doctor, can you say, with a reasonable degree of certainty in your opinion, whether or not there will be a continuation of these symptoms and this trouble? A. Yes.

Q. What is your best opinion on that? A. Well, while her mind is disturbed by litigation she will not recover, but after litigation ceases -I don't mean by that her getting any verdict but as soon as the worry of the trial is over and she knows she doesn't have to go here on the witness stand and undergo cross-examination she should make a fairly good recovery in about three years.

Q. Of course that is problematical, is it, doctor? A. Yes, sir. Q. That is, she may recover or she may not? A. Well, she might be dead. If she lives, she may recover in about three years.

Q. Well, doctor, this condition having now persisted for nearly three years already, the symptoms not having diminished in that time, would you say that that would bar her recovery three years from now? A. Yes, her symptoms never would get any better as long as the litigation was pending. She hasn't a chance to get well until this trial is over.

Q. But that might take two or three years from now? A. Yes, all of that.

Q. What are your fees for your examination and testifying here in court? A. $125.

Q. Is that the reasonable value, in your opinion? A. Yes, sir. Q. You never saw the lady before the day before yesterday? A. No, sir.

Mr. Wood: That is all.

CROSS-EXAMINATION BY MR. MCNAMARA:

Q. Are there likely to be other producing causes of this lady's condition, than those of shock? A. Yes.

Q. And a lady of her age in life is more or less subject to nervous disturbances, is she not? A. She might be more liable to get a nervous disease at her time of life, than at a younger time or older time. Q. Doctor, in your opinion, might this condition have been corrected before this time by medical treatment? A. Not while litigation is pending. It has been my experience that it never is benefitted or relieved or cured until the source of worry disappears by the conclusion of the trial.

Q. You assume, then, doctor, that she is under a nervous strain due to this litigation being pending? A. Yes.

Q. What is the usual treatment for such a condition? A. I beg your pardon?

Q. What is the usual treatment for such a condition? A. Oh, freedom of the mind from worry and care; suitable physical exercise; suitable mental exercise; and medicinal treatment which is aimed at allaying the irritability of the brain cells.

Q. Would that medicinal treatment be limited, doctor, to bromides, and medicines of that character? A. Bromides would be useful if carefully used.

Q. Are there other things, doctor, that are useful in such cases? A. Oh, yes; there are quite a number of things.

Mr. McNamara: That is all.

Mr. Wood: That is all.

[PLAINTIFF Rests.]

The Court: Have you anything to rebut this, Mr. McNamara?

Mr. McNamara: No, I rest, your Honor, and renew my motion.

The Court: I will let it go to the jury.

Mr. McNamara: Exception..

(Mr. McNamara summed up the case to the jury on behalf of the defendant.)

(Mr. Wood summed up the case to the jury on behalf of the plaintiff.)

(The Court thereupon charged the jury as follows:)