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John J. ColganFor PlaintiffDirect JOHN J. COLGAN, residing at 191 Nassau Street, Borough of Brooklyn, N. Y., called as a witness in behalf of the plaintiff, and being duly sworn, testified as follows: Direct examination by Mr. Rothenberg.

Q. You have been a duly licensed physician of the State of New York? A. Yes, sir.

Q. For how long? A. Over twenty-five years.

Q. Do you know the plaintiff, Margaret McKeever, the plaintiff in this action? A. I do.

Q. Do you remember treating her in the month or—on the 6th day of November, 1919, as the result of an accident? A. Yes, sir. Q. Where did you see her

Mr. Lessler: I object and I move to strike out “as the result of an accident."

Stricken out. By Mr. Rothenberg.

Q. You were called to see this little girl in November? A. I was; yes, sir.

Q. Where were you called? A. To her home.

Q. Do you remember what time you were called? A. About ten o'clock in the morning.

Q. Did you see Margaret McKeever at her home that time? A. I did.

Q. Did you examine her? A. Yes, sir.

Q. Tell the Court and jury what you found on your examination? A. I examined her on a couch at her home and found the following injuries: Soreness, the result of bruises on the side of her head, left side, left shoulder, left arm, and lower left limb and foot and a cut and bruises about the mouth and nose and bleeding from the mouth and nose as the result of the injuries.

39 40

John J. ColganFor Plaintiff Direct

Mr. Lessler: I object and I move to strike out as a result of the injuries.”

Motion denied.



By Mr. Rothenberg.

Q. She was bleeding from her mouth and nose when you saw her at ten o'clock in the morning? A. Yes, sir.

Q. Did you particularly observe the left side of the little girl's face and head? A. Yes, sir.

Q. What did you notice about the condition ? A. Swollen and red and tender to the touch.

Q. Was that condition throughout the left side of the little girl's body? A. Yes, sir.

Q. What else did you observe about the phy- sical condition of the little girl? A. She also suffered from shock.

Q. Was she nervous ? A. Yes, sir.

Q. How many times after that morning did you see the little girl? A. About 12 times.

Q. Where did you see her? A. At her home.
Q. How often were your visits ? ?

Mr. Lessler: He said 12 times.


By Mr. Rothenberg.

Q. Doctor, where did you find the little girl when you visited her? A. Where did I find her?

Q. Yes? A. In the basement of her home on a couch.

Q. She was lying on a couch all the time? A. Yes, sir. The first day of the accident I found her in the basement of her home on a couch; on the subsequent visits I found her upstairs in an upper room in bed.

Q. What have you done for these various injuries? A. Simple cooling applications and rest in bed and a cathartic now and then and quiet.



John J. ColganFor Plaintiff —Direct Q. Did you take any particular notice of the condition of the left ear? A. Yes, sir.

Q. What was that? A. In the course of about a week she complained of deafness in her left ear.

Q. Tell the Court and jury the condition of that left ear? A. Well, the ear itself was swollen, and the ear canal showed also swelling and my impression at the time was that the hearing would improve when the swelling in the canal of the ear reduced, but subsequently I found that didn't happen and she still is complaining of deafness.

Q. Have you examined the little girl recently? A. Yes, sir.

Q. How recently did you examine her? A. I examined her last night to refresh my memory on the case.

Q. Did you examine her with respect to the condition of the left ear? A. Yes, sir.

Q. What did you find ? A. The deafness still continues.

Q. Can you tell with reasonable certainty whether or not the condition of the left ear will continue ?

Mr. Lessler: I object to that on the ground it is not shown that the doctor is equipped along these special lines to be able to pass an opinion, and there has not been foundation enough laid for such an opinion.

The Court: You may cross examine him as to that; but not now.

Mr. Lessler: Your Honor means on the voir dire now?

The Court: Now. He says he is a physician and surgeon.

Are you familiar with injuries to the ear and ear drum?

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John J. Colgan-For Plaintiff —Cross

Mr. Lessler: He didn't mention the ear drum.

A. Yes, sir.

By the Court.

Q. Are you able to state from your experience where there is an injury to an ear, which produces deafness? A. Yes, sir. By Mr. Rothenberg.

Q. After you observed the condition of the little girl last night with respect to the injury to her left ear, can you now state with reasonable certainty whether or not that condition is permanent ?

Mr. Lessler: I object to that as improper in form, no foundation laid and incompetent and immaterial at this time.


By the Court.


Q. Yes or no, can you tell? A. Yes, sir.
By Mr. Rothenberg.
Q. Is it or not permanent?

Mr. Lessler: I object to that.

Objection overruled. Defendant excepts.
A. Yes, sir.
Cross examination by Mr. Lessler.

Q. Where is your office? A. 191 Nassau Street,

Q. You treated this little girl before this? A. Yes, sir.

Q. How often? A. Since birth I believe.

John J. ColganFor Plaintiff-Cross Q. Did you bring her into the world? A. I 49 believe I did.

Q. Know her family and know all about her? A. Yes, sir.

Q. You remember the 6th day of November very clearly? A. Fairly well.

Q. How do you fix the time at ten o'clock when you saw her? A. The call came in at 8 or 8:30 o'clock in the morning, and my time for leaving the office is 10 o'clock, and I made that my first call.

Q. That is the only way you fix the time? A. Yes, sir.

50 Q. Have you your register with you? A. No.

Q. Do you make entries in that? A. Some times I do and some times I don't.

Q. Did you? A. No.
Q. You made none of this case? A. No.
Q. Make any of subsequent visits? A. No.
Q. Never made any ? A. No, sir.

Q. How do you fix it at twelve times? A. I
fix the number of visits, but no note as to the
physical condition, and it will exhibit the
Q. You have many patients ? A. Well, quite

51 Q. One hundred? A. Not quite as many as that.

Q. How many visits do you make a day? A. Sometimes make two and sometimes make a dozen or more.

Q. Can you tell from memory the condition of all those patients? A. Very largely; yes, sir.

Q. In the year and a quarter since the sixth of November, 1920, two years, 1919, could you rehearse all the patients you have treated ? A. Largely; yes, sir.

a few.

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