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Story
June 26, 1950
Trainman News
Indianapolis, Marion County, Indiana
What is this article about?
Charles B. Smith, a 23-year-old former brakeman from Covington, lost both legs in a 1948 railroad accident in Cincinnati and won a record $225,000 judgment against Louisville & Nashville Railroad for negligence. The jury selected a special verdict form, and Smith married his fiancée shortly after the incident.
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Ex-Brakeman
Wins $225,000
From L&N Ry.
CINCINNATI, Ohio - A 23-year-old former brakeman who lost his legs in a railroad accident in 1948 has been awarded a $225,000 judgment against Louisville & Nashville Railroad.
When a locomotive and three freight cars ran over him Aug. 28, 1948 in Cincinnati East End yards, Charles B. Smith, Covington, had his left leg severed above the knee and his right leg below the knee.
A jury of nine women and three men recently handed down the $225,000 verdict for damages, which equals the record high for this state, in Judge William J. Dammarell's Common Pleas Court.
Among other things, the jury held that there was debris on the ground near the switch in which one of Smith's feet was caught.
The plaintiff had charged negligence.
Special Verdicts Used
Besides matching a $225,000 verdict granted another "rail" in Columbus, the Smith case had an unusual aspect in that special verdicts were submitted by opposing counsel.
A 12-question special verdict submitted by the plaintiff was selected by the jury over a 33-question special verdict offered by the defense.
Authorized under a law 97 years old, use of special verdicts has been exercised 36 times in the state, according to court officers.
Under the special verdicts, the court does not charge the jury on the law--only applies it after the verdict is reached.
Smith sat in his wheel chair during the trial-his wife, Shirley, 21, nearby. Their wedding had been set for Sept. 4, 1948 when the accident intervened. The nuptials took place Sept. 28 that year.
Wins $225,000
From L&N Ry.
CINCINNATI, Ohio - A 23-year-old former brakeman who lost his legs in a railroad accident in 1948 has been awarded a $225,000 judgment against Louisville & Nashville Railroad.
When a locomotive and three freight cars ran over him Aug. 28, 1948 in Cincinnati East End yards, Charles B. Smith, Covington, had his left leg severed above the knee and his right leg below the knee.
A jury of nine women and three men recently handed down the $225,000 verdict for damages, which equals the record high for this state, in Judge William J. Dammarell's Common Pleas Court.
Among other things, the jury held that there was debris on the ground near the switch in which one of Smith's feet was caught.
The plaintiff had charged negligence.
Special Verdicts Used
Besides matching a $225,000 verdict granted another "rail" in Columbus, the Smith case had an unusual aspect in that special verdicts were submitted by opposing counsel.
A 12-question special verdict submitted by the plaintiff was selected by the jury over a 33-question special verdict offered by the defense.
Authorized under a law 97 years old, use of special verdicts has been exercised 36 times in the state, according to court officers.
Under the special verdicts, the court does not charge the jury on the law--only applies it after the verdict is reached.
Smith sat in his wheel chair during the trial-his wife, Shirley, 21, nearby. Their wedding had been set for Sept. 4, 1948 when the accident intervened. The nuptials took place Sept. 28 that year.
What sub-type of article is it?
Personal Triumph
Biography
What themes does it cover?
Justice
Triumph
Misfortune
What keywords are associated?
Railroad Accident
Amputation
Negligence Lawsuit
Jury Verdict
Special Verdicts
Record Judgment
What entities or persons were involved?
Charles B. Smith
Shirley Smith
Judge William J. Dammarell
Louisville & Nashville Railroad
Where did it happen?
Cincinnati, Ohio; Covington
Story Details
Key Persons
Charles B. Smith
Shirley Smith
Judge William J. Dammarell
Louisville & Nashville Railroad
Location
Cincinnati, Ohio; Covington
Event Date
Aug. 28, 1948
Story Details
Charles B. Smith lost both legs in a railroad accident on Aug. 28, 1948, in Cincinnati East End yards when caught in a switch with debris; sued for negligence and won $225,000 verdict using special verdict form; married Shirley shortly after accident.