Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-02-15
TOP SPEED
Was Being Main.
tanned
When Two Electric
Motors Cc!lided.
Goodyear Co. Asks
Heavy Damages.
Wife Charges lnfidelity-Court
House News.

House News.
Grafton S. Whittier, the regular mo-
torman on the car that collided with |
the A. B. & G. snow plow, causing the /
death of Conductor Justus A. Walborn,
was witness Friday morning for the
plaintiff In the case Of William e. Eek
erman, administrator Of the estate of
Mary Hallen VS.. the A. b. g. G. Rail,
road Co.
This action grows out of the collis-
ion. Mary Hallen was injured at the
same time. Walborn had replaced
Whittier and was acting as motornan
when the cars came together. In his
testimony he said that the passenger
car was going at top speed when the
snow plow was sighted. At that time
GOO or 700 feet separated the cars.
When they struck, the passenger car
was moving at a speed of 80 miles an
hour He believes that the snow plow
was travelling faster The attorneys
for the defendant sought to show that
a greater distance separated the cars,
but Whittier stuck to his original state
ment. The case promises to continue
for several days.
HEAVY DAMAGES.
The Goodyear Tire & Rubber Co..
has filed a reply to the answer and
cross petition of the Consolidated Rub
ber Tire Co. The action was original
Iy commenced to collect for goods al
legged to have been sold to the de-
fendant. In the reply the plaintiff
claims Judgment for S30,400. 1t Is
alleged that the Consolidated Rubber
Tire Co., entered into contract with
the plaintiff by which 1t was to take
n certain amount of tires each year.
The contract specified what per cent.
OF the output was to be handled. In
> addition to the tires taken from the
Goodyear Co., the defendant was to
handle $150,000 worth of tires made
by the Hartford Rubber Works Co.,
S125,000 of the tires of the Diamond
Rubber Co., and $200,o00 worth of In
dia Rubber Co., tires The plaintiff al
leges that 1t was understood that when
the million dollar mark was reached
the defendant was to divide the ex-
cess orders pro-rata among the manu-
facturers. In violation of this con.
tract it is said that the defendan,
made fraudulent returns of the mum
Der of tires handled. giving the bulk
OF the excess business to other con
Germs. 1t is claimed that the excess
had II been properly distributed would
have resulted in n profit for the plain
tin of $4,000. 1t Is denied that the
tires furnished were of an inferior dual
ity. The plaintiff says the tires wer,
made from formula furnished by tht
defendant and In strict accordance WIN
the contract. In anticipation of TIL,
sale of the output to the defendant the
plaintiff purchased large quantity OF
Para rubber which II still has. 1t wa,
also agreed when the contract wa,
made that all actions maintained by
the defendant against the plaintiff wer,
to be dismissed, II Is alleged that ,
number of cases are still pending, Be
cause of all the alleged wrongful act
the plaintiff says 1t has been damagec
in the sum OF $50, 400, for which |
asks judgment.
Several weeks ago G. f, Tewksbur,
fled petition asking for dlvorc
from Edith NJ. Tewksbuiy He charg
cd her with inndelty. Today she file
all answer and cross petition She ia
MED all his charges BY way OF eros
petition she says that he is guilty o
adultery. She asks for divorce, all
mony and the custody of their mino
child.
CROSS PETITION.
The Central Savings Bank Co., ha