Horseshoe wreck victim awarded $11,500 by jury

2008-11-13 / Columns

Dipping Into the Past

125 YEARS AGO

Thursday, November 15, 1883

• The project to extend the Toronto Grey and Bruce Railway to Wingham is being furthered by H. W. C. Meyer, of Wingham, who was in Toronto last week and waited upon several railway officials in reference to the matter. Mr. Meyer then left for Ottawa to push the scheme before the Dominion authorities.

• The oft-repeated street disturbances in Shelburne are a disgrace to the town. On Saturday evening, the citizens were again compelled to endure the maudlin ravings of inebriated individuals on Main Street. A large crowd congregated and the entertainment (?) lasted about half an hour. On Tuesday evening, another like disturbance took place. Whisky appeared to be the prime element in causing the disturbance and the parties probably now regret their share in the unpleasantness, and will admit with us that such scenes reflect great discredit on our promising little town.

100 YEARS AGO

Thursday, November 12, 1908

• The Fall Assizes for the County of Dufferin opened Monday before Chief Justice Sir William Mulock. There was no criminal business but no less than six cases against the CPR arising out of the Caledon wreck at the Horseshoe Curve on September 8, 1907. Four were settled before court opened at one o'clock: W. J. Robinson, of Toronto, formerly of North Bay, at $8,000; W. R. Kent, of Orangeville, at $4,000; Miss Stewart, of Markdale, and Miss Corby, of Shelburne, at $2,000 each. The cases by Messrs. M. E. Stewart and James Russell remained to be tried, and that of Mr. Stewart was begun with the plaintiff claiming $25,000 damages.

Lawyer E. F. B. Johnston, on behalf of the railway, moved to have the jury dispensed with, as liability for the accident was admitted and the case was largely dependent on the evidence of medical experts. However, his Lordship considered that the case was one within the province of a jury.

Mr. Stewart, the first witness, was suffering from the effects of the accident and was given a chair in the witness box. Plaintiff stated he was 35 and was very strong before the accident. He gave particulars of the accident and his treatment in various hospitals in an endeavour to regain his health, speaking of a visit to Scotland on the advice of his physicians. Describing his injuries, he said he was a nervous wreck.

Dr. Charles McKenna, medical expert called by the plaintiff, predicted Mr. Stewart would not recover fully, and Dr. Graham Chambers, professor in nervous diseases at Toronto General Hospital, said Mr. Stewart had lost his sensation to touch in many parts of his body and would never recover fully.

On Tuesday the defence opened its case with Dr. McPhedran of Toronto testifying that he had found the plaintiff to be suffering from a form of neurasthenia - mental worry that was retarding recovery. Dr. Hobbs, superintendent of the Homewood Sanitarium, Guelph, where the plaintiff was treated for five weeks, thought Stewart had exaggerated noises he complained of hearing and said the disorder was functional, not organic and the plaintiff stood a good chance of ultimate recovery. On Wednesday the jury found for the plaintiff and awarded him $11,500 in damages.

75 YEARS AGO

Thursday, November 16, 1933

• Shelburne's Memorial Park having been officially opened and the Soldiers' Memorial unveiled on June 4, 1923, Saturday last brought the 11th municipal service of Remembrance. Although the snow and cold made the weather most unpleasant, there was a large turnout of citizens for the service, the greater part of which took part in the town hall, with an address being given by Rev. H. O. Hutcheson, of Wesley United Church.

• There was a large attendance of veterans at the 4th annual banquet of Dufferin ex-servicemen, held at the Wheeler Inn, Orangeville, Friday night. Guest speaker was Brigadier General Denis C. Draper, Toronto's police chief. He told of his visit in 1931 to the battlefields of France and Flanders which included a bird's eye view from Vimy Ridge that revealed villages and towns that look as if there had never been any war.

• Snowfall last Thursday made motor traffic dangerous on local highways. At Purple Hill, on Highway 10, cars and trucks skidded in all directions and when a large trailer truck landed crosswise, a traffic jam tied up the highway for two hours.

50 YEARS AGO

Wednesday, November 12, 1958

• Adead fox has been discovered near a home on Owen Sound Street, Shelburne. It was the second such victim of rabies to be discovered in the town in less than a week.

25 YEARS AGO

Wednesday, November 16, 1983

• Ontario Hydro has selected a corridor for a 500-kilovolt transmission line from Bruce to Essa that passes through North Dufferin.

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