Waterbury evening Democrat., 1907-07-30
THE TROLLEY CASE.
Several Witnesses In Court Give
 Testimony on Speed of Car.

i The two cases against HerDert
 Snow, the motorman for overspeeding
 his car at an intersecting street, ! Phoenix avenue, and colliding with a
 hack on East Main street on the ev- ening of July IT about o'clock, were
 contested to the utmost by the trolley
 company's counsel, Attorney Board-
 man, of Bridgeport, in the city court to-day before Judge Peasley. A de-
 murrer was filed to the count charg-
 ing Snow with carelessness in collid- Partree on the grounds that the law does not make colliding crime. Also that the city ordinance relating to such matters is partial and unreason- able inasmuch as 1t specifically re- lates to trolley cars, when 1t could as we'll refer to automobiles. The statute also is unreasonable and un- certain. It is oppressive and against
 the common rights of the company, because it makes no reference to any other sort of vehicle but trolley car. The demurrer was overruled and a plea of not guilty filed.
 Joseph Corden, the driver of the hack, testified that about o'clock on the night in question he was. turning from Phoenix avenue into East Main street on his hack when he saw about 60 feet easterly the trolley car. He was going toward Brook street. :. At this point Attorney Meigs asked to be permitted to amend the complaint making the place of collision opposite Phoenix avenue, instead of Brook street. Attorney Boardman objected. but the court allowed the motion. Corden said he whipped up his horses to get across the track, but just as the hack was in the middle of the track the car crashed into 1t. He heard no bell.
 Miss Ruth Sloan, nurse living in the Frederic, corner of Brook street testified she saw the car going by under her window and thought it go- ing rather fast. She heard but did not see the collision and heard no warning bell.
 John G. Cutler, whose store is near the scene of the, accident, also con- sidered the car going very fast for that neighborhood. James E. liar rington saw the accident. He heard the bell ring short time, probably a minute before the collision, and he saw the motorman all in a commo- tion putting on the brakes. He is a fair judge of the speed of a horse, he said, and the car was going faster than twelve miles an hour. John Sears,a drummer, and Walter Toucey, a plumber, gave similar evidence.
 This finished the case for the state and Attorney Boardman moved for the discharge of Snow on the first count because Phoenix avenue is not an intersecting street. He quoted various authorities on the meaning of the word "intersecting" and he won his point, Snow being dismissed on the first count.
 Snow then took the stand to testi- fy regarding the second case. He said his car stopped at Spring street to take on man and two women The car was not behind time and he was not in a hurry. He had clear track but there was considerable traffic on the street and he rang his bell all the way in. When opposite the Model market he saw the hack come out of Phoenix avenue He had the slack of his brake in so that he was ready to apply the brake in a second. The hack driver seemed to hold his horses when crossing the 1 track and he. Snow, applied the | brake and the reverse. but it did not | prevent the collision. His car was then going at the rate of six or seven | miles an hour.
 The principal witnesses for Snow were John Pelletier a passenger in his car who testified he intended gett- | ing of at Phoenix avenue: Clarence Johnson barn foreman and Claims Agent Johnson. Foreman Johnson | testified the car was going about four or five miles an hour and the hack | eight or nine miles an hour.
 Judge Peasley found Snow guilty | and imposed the minimum fine of SIC and costs. Corden, he said, was negligent but that did no excuse Snow. An appeal was taken.