Francis J. McFarland, for plaintiff, cross. Mr. Cheney: I move to strike that out as not responsive. The Court: Stricken out. By Mr. Woods: Q. What is the customary and usual way of do ing it? A. That is the way. By the Court: Q. To stand on the scaffold? A. Yes, sir. By Mr. Woods: Q. Would it be a proper and safe method, in your opinion, to stand on the wall to put in these headers and lay these joists? Mr. Cheney: Same objection. The Court: Same ruling. Mr. Cheney: Exception. A. I wouldn't think so. Cross-Examination by Mr. Cheney: Q. Isn't it necessary to go up on the joists to level the joists? A. Yes, sir; and below; you level them from the scaffold. Q. You go up on the wall to level the joists some times? A. Yes, sir. Q. You don't level the joists by a string stretched across? A. Not generally; some times it is done, though. 192 Albert J. Abeel, for plaintiff, direct. A. Level and straight edge. Q. And then you get an absolute level? A. Yes, sir. Q. A. And that is the way you have seen it done? 1993 Generally it is done that way. Q. That is the best way, isn't it? A. Well, yes; it is the best; of course, it is done with a line very often. 194 ALBERT J. ABEEL, a witness called on the part of the plaintiff, being duly sworn, testified as follows: Examined by Mr. Woods: Q. Where do you reside? Mr. Cheney: You needn't qualify him. I will Q. You are a qualified physician and surgeon? Q. Have been for a number of years? A. Yes, sir. Q. You make a specialty of taking X-ray pictures? A. I do. Q. And some time in September and October did you take some X-ray pictures of the plaintiff's foot? 195 198 196 Albert J. Abeel, for plaintiff, direct. Mr. Cheney: If this evidence is offered for the purpose of proving that the bones of this man's foot were broken, I will concede it. Mr. Woods: I want to show where it was. The Court: Let him go ahead and tell. There won't be any objection. Mr. Woods: My idea is that they get a better idea from pointing out on the pictures where it was broken. By Mr. Woods: Q. Just put up the pictures and describe where the break was. Mr. Cheney: I object to that. There is no way of getting it into the record. The Court: Have them marked. Mr. Cheney: He hasn't any pictures here. He merely has his negatives. 197 The Court: He has the original plates here. They can be marked and put in evidence as exhibits and, if necessary, taken up into the Appellate Division. Q. Is Exhibit 2 a representation of the plaintiff's foot and ankle? :: Albert J. Abeel, for plaintiff, direct. By Mr. Woods: Q. Point out to the jury where the fracture in the foot is. A. The fracture is in the os calcis. Mr. Cheney: Tell us what that is. A. The bone in the heel; heel bone; the line of fracture in one of them is down through here (Indicating) and another line is here (Indicating) and another here (Indicating.) By Mr. Woods: Q. How about the bones coming,-being forced together? A. The os calcis is pressed upward into the astragalus, so that the bones are quite well meshed together; so much so that a portion of the os calcis shows through the shadow of the astragalus where it should be below. Q. How many fractures do you say there are? A. I couldn't say just how many because it is fractured the other way as well. Q. How many are apparent? A. Three lines of fracture there. A. Here is one taken the other way of the foot; the other was taken sideways; this shows certain fragments of the os calcis that appear on either side. Q. Does it appear that they are out of their ordinary and normal position? A. They do. Mr. Woods: I offer Exhibit 3 in evidence. 204 203 202 Albert J. Abeel, for plaintiff, cross. The Court: Received. Cross-Examination by Mr. Cheney: Q. When did you say you took these pictures? A. 22d of September. Q. Exhibit 2,-that is an X-ray view of the side of the foot? A. Yes, sir. Q. And you say that an examination of that picture shows that there were some lines of fracture? A. Yes, sir. Q. Did you make any examination of the foot. except to take these X-ray pictures? A. That is all. Q. You didn't manipulate it at all? A. No, sir. Q. So that you can't tell anything about it except what the picture shows? A. That is all. Q. That fracture, as I understand you to tell it,—laying aside those medical names of the different bones which don't mean anything to Mr. Woods or myself or the jury- there is a fracture in the bone that runs down into the heel? The bone of the heel? A. Yes, sir; the heel bone. Q. There had been a fracture in the bone. Q. And the fracture comes across the small portion of the bone? A. The large portion of the bone too. Q. That bone is enlarged at the end where you |