Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-11

day evening. Il verdict MAS TetuIiled i'
ths. pisiintiif i'm the case OF 40 anu
Mary Lombard OF Waterville, VS. n. o
burke of Shawmut. the jury asSeSSii's
the damage at $500.
The plaintiff sued to recover daiiiase7
for n itries caused to the Wife Oh ''e
plaintiff in AN automobile accIuei''
IA which a dog owned by the deielln-
ant so scared the defendant. lIldt t'e
defendant vas i'll for some time.
Charles F.. Johnson. Esq. OF water
viii. ,r,p.ared as counsel for the PLAIN
tiff and George NJ Chapman, ESD OF
Fairfield for the defendant.
The accident took place on the eaSe
or The y1lap. of Shawmut in Fairfield,
on Nov. IL. 1902 Mr.. Lombard and ms
wife were alone in their aut"nopiie anu
the. dog in the case came rushing down
from the Henry F1eury house when -
o. tn4 left sill" of the road
The dog just escaped a wheel on lhe
left and collided with the front wheei
on tn. right with such force That ne
broke the axle and threw off that wheel
bringing the auto to an abrupt stop IN
the Fiich and sending Mr.. and Mrs
Lombard hcadlong onto plan Slde-
walk Mrs. Lombard received injuries
which ut her confined tn reclining
c'Itir !, days. being so bruised ana
BATTERED that she couldn't lie in bed.
After four weeks she WAS only able to
20 out on short drives.
Hon. Charles +. Johnson Of Water
VILE, appears for the plaintiff ana
George Chapman Of Fairfield, for the
defendant.
The. defendant alleges that his dog
WAS not there. and that if the dog was
there Mr.. Lombard contributed to the
accident. In other words, he rested his
cas-, uI n denial of any ownership or
custnly of the troublesome canine.
parcntheticaIIy it may be remarked
that the dog escaped from the accid.. il
with neither bruises nor scratches.
Tine plaintiff first presented "A deposit
tion of Mrs. Lombard, who deposed that
on tin. day in question she was thrown
on, and hurt. her collar bone being
broken in three places; her ear. was
mostl, cut off, and she was otherwise
bruised in many places and generally
shaken up. She further deposed that
sh,. had to sit i'm Il chair IA days. being
too much bruised 10 lie i'm bed. Alto
ceticr shr WAS in the house about four
weeks.
She said that the dog was not more
than a foot and a half in front of the
wi"sl VII, u she first saw him.
.iINiuD Lombard was then called to
IT,, st mi. He testified that he WAS a
machlist Of some ten years experience
aud lad been driving automobiles for
fN, or six years. The steam car. which
n was using the day of the accident,
Was one Ia had purchased early the
same teasou. He was thoroughly ia
lnilr with automobiles. having built
tw" himself and using them continual
~ in his business. Mr.. Lombard sa ia
IT,. road was quite wide and good and
there Was Il plank sidewalk ON the right
80" there being a dit"h between the
road and Sidewalk. ON the left the
land rises IN quite Il high terrace to the
house Of Henry Flrury
4 was on the right hand side Of the
road from is inches to two or three feet
from the side going into Shawmut''
How fast We're YOU going
II don't make Il practice Of going
over T. miles an hour and the morning
Jus 77 '"''' ''e''' VI
g. 80
AS YOU "ppr"acheh the house OF
Horny t'leury tell what happened
~ dog came into the road and made
n dash on the left hand side practically
truching the left hand wheel in front
and hitting the right wheel II glancing
blow which took it off. and almost in
siantiy threw us into the ditch. When
"" fetched up my wife went right over
IN" front OF the machine and struck on
her head aud shoulders on The plank
s'd' Walk took practically the same
~. ~ Hih'S pru'seu'
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