Abraham Lincoln Legal Papers

Posts Tagged ‘legal’

Abraham Lincoln worked many cases, following the circuit courts in Illinois. It was a way to supplement his small wages in New Salem, Ill. He had many cases in his twenty-five years as a lawyer. One in particular, the case of Fleming vs. Rogers & Crothers, is very informative. It was a medical malpractice suit and Lincoln represented the physicians. On October 17,1855 the town of Bloomington, Ill was filled with the sound of fire bells. The fire was widespread that it moved through the town destroying the Central Illinois Times, and The Bloomington Pantagraph and the livery stable. In fact everything but the bank and a single store remained. One man, William Green lost his life in the blaze. Samuel G. Fleming was injured, he received  two broken legs that he suffered when a chimney collapsed on him. He was treated by a Dr. Thomas P. Rogers, Jacob Freese and Eli Crothers. Dr. Freese bandaged and set his left leg and Crothers set and treated the right.  The doctors visited Fleming weekly for two weeks to check on him. Fleming stated that he was coming along and his pain was minimal. Then, Fleming began to have pain about sixteen days after his legs were treated. The pain emanated from the break point in his right leg. Fleming’s sister felt that the leg was not set right and the doctors disagreed. They upheld that the treatment was correct and the manner in which the leg seemed was normal. Dr. Crothers advised Fleming that the pain was from pleurisy and not the treated break. Then twenty four days later, Dr. Rogers went to Fleming and stated that the legs were “crooked as rams horns”. The other doctors were sent for and the legs measured. They found one of the legs at least one inch shorter than the other. The only solution that Dr. Rogers found was to redress the legs and splint them differently. Then eight days later they visited Fleming again. This time, they wanted to rebreak and set his legs. Dr. Freese used chloroform and the doctors began to work on the limb. Fleming was not out and consequently began to scream in pain as the doctors attempted to rebreak the limb. Fleming was advised that it was the only way to fix his limb. He advised the doctors to stop and stated the “he (Fleming) had suffered enough.” Fleming’s legs were permanently disfigured and he sued the doctors for malpractice.

Abraham Lincoln defended the doctors. The trial began in 1857, and Lincoln sought Dr. Crothers out to demonstrate the breaks on the patients legs with chicken bones. He employed this in the courtroom for all to see. Crothers spoke about bone growth and the changes that take place while the body is healing. The trial took one week, with fifteen doctors and twenty one witness’ testifying for the plaintiff. Lincoln cross examined Fleming and asked him if he could walk. Fleming stated that he could but he limped. Lincoln exclaimed “Well! What I would advise you is to get down on your knees and thank your Heavenly Father, and these two Doctors that you have any legs to stand on at all!” The result, the doctors paid the fees incurred by Fleming from the trial and settled.

Abraham Lincoln was hired to represent Joseph A. Dalby who wanted to sue the St.Louis, Alton, and Chicago Railroad.  Dalby stated that he received personal injuries from being beaten on the train. He was suing the railroad for personal injury. The story began on April 4, 1857 when Dalby and his wife Sarah attempted to ride the train from Elkhart to Lincoln, Illinois. The couple went to the station to buy tickets. The tickets, if purchased at the station cost three cents more per mile. The agent then stated to the couple that the tickets were sold out for the day. Dalby requested the agent give him a notice that stated he attempted to purchase tickets for the lower fare. Dalby then took his letter aborad and seated themselves in the passenger car. Dalby handed the conductor the letter from the agent and some money to cover the cost. The conductor threw it all on the floor and stated that “it was not worth a damn.” He then left the couple and proceeded to take the tickets from the other passengers. He came back to Dalby and his wife, and demanded that he pay the balance. Dalby refused to pay a higher price than what was written on the ticket and the conductor attempted to return the money. Dalby would not accept it and the conductor warned Dalby that he would take them off the train at the Broadwell stop. The train then reached Broadwell, and the conductor returned with two brakemen. They escorted the couple off the train. The men grabbed Dalby and pulled him out of the seat . Dalby fought and was held while a third man punched him. Mrs. Sarah Dalby tried to stop the fight and promised to pay what the conductor wanted. But they made the fare even higher. The fight lasted a while and Dalby was beaten.

Lincoln and his associates sought 10,000 in damages, due to the beating, kicking and bruising of Mr. and Mrs. Dalby.  The railroad entered a plea of not guilty and insisted that the agents on the rail acted in self defense. The case was won in favor of Dalby and his wife. This was one of several cases in which Lincoln and his partners presented cases before the Illinois Supreme Court. Lincoln’s partner William Henry Herndon was the lawyer who argued the case. In fact, Lincoln was barely there for the trial and had to attend to another case Sprague, during the Dalby proceedings. His work on this case though established him as a leader in the practice of law, especially law around the railroads. He had worked other cases involving the railroad and had a great record of winning them. Lincoln’s legal practice was know for the innovative and honest ways in which he presented his cases. In fact, his work was so well known that Erastus Corning, the president of the New York Central Railroad offered Lincoln the position of General Counsel for the company.

Welcome to the Abraham Lincoln Legal Papers website! My name is John Gorga and I am an avid Abraham Lincoln buff and I am also a lawyer. I will be writing on various topics related to Lincoln and his experiences as a lawyer before becoming President of the United States. I hope you visit often to read all about Abraham Lincoln the lawyer!