The evening tribune. (Pawtucket, R.I.) 189?-190?, 1896-12-01
AWARDED DAMAGES
Thomas Massey the Defend
ant in a Case Today.
He Rides a Wheel and COllided
With Miss WilIoughby.
The Girl Was Quite Badly Injured and Suit
Was Instituted-Awarded SIS Damages.

On the 18th of September last Thomas
Massey of Central Falls, while riding on
his wheel, collided with Elizabeth Will
oughby on Dexter street, Central Falls,
and in the civil side of the District Court
this morning, before Judge Shove, the
plaintiff was awarded damages Of $50.
j. Osfield, Jr., appeared for Massey, and
Thomas V. Vance for the child.
Elizabeth Willoughby was placed on the
stand at the opening of the case and told
her storyin matter-of-fa fact manner, re-
markable for miss of II years. She told
the Court how the accident happened late
one afternoon, as she was crossing Dexter
street after mailing a letter. She said she
was struck twice, and had remained out of
school for three weeks. She had never been
able to join the gymnasium class Of her
school since the accident.
Officer Harkness, one of Central Falls
"finest," was the next witness, and de-
scribed the pace of Massey and his two
companions as ''terriffic," and i'm the opin-
ion of the officer the boys were racing.
The policeman explained that the limit of
speed for cyclers in Central Falls was nine
miles an hour, and in his opinion the
speed of the wheelmen was from IL to Ia.
He had arrested Massey after the accident
and taken him to the station.
During his testimony the witness had a
tilt with Attorney Osfield, who informed
him that he was now in Pawtucket and
not in Central Falls.
James Hansen, who lives on Dexter
street, described the accident as witnessed
by him.
Mr.. Willoughby, father of the girl, took
the stand and described in a dramatic
manner the collision and result of his
daughters injuries His testimony was
illustrated at frequent intervals by motions
of the hand.
DR.. McNally of Central Falls testified
that he had found the girl, when called to
attend her, in a state bordering on hys-
terra. He discovered bruises on both sides
of the hips. His visits had been % in
number, Is made in September and eight
in October. The doctor said he had noti-
fed the teachers of the school his patient
attended that she was not capable of at
tending the gymnasium classes. He denied
having said the child was more frightened
than hurt.
Thomas Massey, aged 18 who was de-
fendant in the case then gave his testi-
mony which was in effect as follows:
III was returning from my paper route
and when near the corner of Dexter and
Crossman streets, saw the girl cross from
one side of the street to the other and sup
posed she would remain on the other side
which she crossed, but instead she re-
crossed.
81 blew double bicycle whistle and
the others rang their bells. The girl did
not stop, did my best to avoid her but she
moved in the same way did and the ac-
cident could not be helped. The girls
father struck me and said he would put
me where / belonged. The officer could |
not see the accident from where he was. |
He handled me very roughly after he ar
rested me. was taken to the station and |
later released. Was not riding over |
miles an hour"
he had not attempted to run away after |
the collision.
James Laughlin of 136 Sumner street, said |
Massey did all possible to avoid the acci- |
dent.
During the testimony Messrs Osfield |
and Vance INDUCED in one of the numer- |
GUS wordy encounters which were frequent |
during the trial.
William Massey, father of Thomas, was
called upon by Mr.. Osfield and stated that
DIR. McNally told him ''the child was more
frightened than huft."
Officer Hardness was recalled and denied |
that he had abused young Massey, and that
he did not see Mr.. Willoughby strike him.
Attorney for the defendant said that the
testimony did not show negligence or care
lessness, and asked that the case be dis
missed. Mr.. Vance argued on the rights
OF persons using the public highways, and
dwelt on the absence of one GilhooIy, a
witness he had endeavored to summon for
two weeks.
The Court rendered verdict of SIS dam
ages for plaintiffs, from which decision
Attorney Osfield took an appeal.