Frank H. Bidwell, for plaintiff, cross. there for, because there was an opening, weren't you? A. Yes. Q. And you knew that that board wasn't laid there to step on? A. No, sir; I didn't. Q. You knew that that board was laid there to keep the water out from the wall, didn't you? A. The men, too, to keep them from kicking the bricks off, too. Q. You were taking those boards off as you went along, weren't you? A. No, sir; I throwed one board off at the very end that was a cracked board in that shape. (Indicating) that no man could walk on and no protection or nothing; I kicked that off with my foot and the other two, some 24 foot, I left there. Q. How many of those boards were there? Q. How long were they? A. Somewheres in the neighborhood of 10 or 12 feet; that is, two of them; the other wasn't so long. Q. And those boards were extended over 24 feet of the wall? A. About that proportion; I don't know just exactly how long the wall is. Q. Did the boards lap over each other? A. No, sir. Q. They were laid flush, the ends? A. That is all; just butted up against one another. 1447 150 149 148 Frank H. Bidwell, for plaintiff, cross, Q. You know that a board 5 and 3/16ths inches wide and ths inches thick without any support under it is not made to step on, don't you? A. I certainly do, not without a support. Q. You know it isn't safe for a man weighing 225 pounds to step on such a board? A. Yes, sir; I do. A. Yes. Not at the time I didn't know it. I knew it in my mind but I didn't realize it at the time; but I didn't realize there was one there. Mr. Cheney: That I move to strike out. The Court: It may go out. By Mr. Cheney: Q. You knew that fact that it wasn't safe to step on a board of that kind? Q. And you had been working right around where that board was since the day before? A. Yes, sir. Q. And you went to work this morning at 7 o'clock? A. No; at 8. Q. And the accident happened about 9 o'clock? A. Yes, sir. Q. And during all that time you were working right where that board was? A. Yes; some portions of it. Q. That board was 5 and a half, practically, inches wide and the door jamb was 7 inches wide, wasn't it? 151 Frank H. Bidwell, for plaintiff, re-direct. A. Yes. Q. There was nothing in the opening except the door jamb or the door frame and this board? A. No, sir. Q. And the opening was 18 inches wide? Q. And this board extended clear across on the wall beyond the opening upon both sides? A. Yes, sir. Q. And the door frame did not? A. No. Q. Was the door frame clear up to the top of the wall or was it lower down than the wall? A. It was to the top surface of the wall. 153 Q. But it didn't go any further than the opening? Q. And the board laid on the top of the wall? Re-Direct Examination by Mr. Woods: Q. I want to ask you a question. As you stepped back there onto this board did you realize at that time that you were stepping on this board? A. No, sir. Mr. Cheney: That I object to as incompetent and re-opening. I haven't asked this witness on cross-examination anything about that transaction at all. He should have been exhausted on his direct examination. Those are all matters of argument. Frank H. Bidwell, for plaintiff, re-direct. The Court: There seems to me there is a great deal of danger in the question. Mr. Woods: I will withdraw the question. By Mr. Woods: Q. As you stepped back to take this step, what was your mind on at that time? A. It was on my work. Q. I want you to show that ankle to the jury. The Witness exhibited his bared feet to the jury. Q. What was the size of these joists and what was their condition? Mr. Cheney: I object to it as re-opening. The Court: That clearly appears. By Mr. Woods: Q. Whether they were green or dry? Were they green or dry? A. They were green. Q. What pine? A. Norway pine; southern pine. Q. When you struck the ground, describe to the jury-I don't think I brought that out clearly--how you fell on your foot. A. I fell with my foot under me and I fell on the toe of it so that my rear end struck on my heel. Q. On the bone? A. On the bone. Q. How did the shoe appear? A. When they took it off of me, the shoe was drawed right together from the bottom; the arch was humped up to that the heel and toe were about that far apart. (Indicating.) 157 158 Q. Frank H. Bidwell, for plaintiff, re-cross: Crushed together? A. Yes, sir. Q. You said you fell on some cement there? A. Yes; a little pile of cement that was dumped out of something. Re-Cross Examination by Mr. Cheney: Q. After the injury you said you were taken to the hospital? A. Yes, sir. Q. And you were treated there in the hospital? Q. Who treated you? A. Dr. Anderson. Q. And when did you leave the hospital? A. I couldn't- I can't tell as to that, what day it was or what the date was. Q. How long were you in the hospital? A. Somewheres around two weeks, I should imagine. Q. And after that you went to your home? Q. And Dr. Anderson continued to treat you? Q. Did you have any other medical treatment after that? 159 |