"The plaintiff, a laboring man, had been thrown to the street pavement from the platform of the car by the force of the collision, and had dislocated his shoulder. He had testified in his own behalf that he had been permanently injured in so far as he had not been able to follow his usual employment for the reason that he could not raise his arm above a point parallel with his shoulder. Upon examination ... I asked the witness a few sympathetic questions about his sufferings, and upon getting on a friendly basis with him suggested that he be good enough to show the jury the extreme limit to which he could raise his arm since the accident. The plaintiff slowly and with considerable difficulty raised his arm to the parallel of his shoulder. 'Now, using the same arm, show the jury how high you could get it up before the accident,' was the next quiet suggestion; whereupon the witness extended his arm to its full height above his head, amid peals of laughter from the court and jury."
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