The Bridgeport evening farmer., 1910-05-25
Wheeler Reserves Decision
 Tn Snake Hill Race Suit
Continued from Page One,

Judge Banks in makinb his arguments, said, Our claim is that this contest is a direct violation of the statutes These gentlemen went ahead with their plans, know ing them to be violation of the law, and knowing that a similar attempt had been stopped at Sport Hill, be- cause it was violation of the law
 The speaker then read from the general statutes sections which fix 25 miles an hour as the rate of speed reasonable and proper, and the rate on dangerous turns or curves in the read, 10 miles per hour.
 ''The law is clear that to operate at this place at a speed greater than 10 miles an hour endangers life and limb of all persons about that place."
 The speaker also cited the law, which he mentioned was designed to meet such a contest. It was to the effect that any person who shall bet, wager, or race for the purpose of making record shall be fined.
 Now we have this place, which is an extremely dangerous hill. By the way F should be glad to have your honor visit the hill. It is peculiarly dangerous because of it's short turns
 This hill has been especially select ed because of it's difficult turns, be- cause those turns are a severe test on a car. The contest has been fixed for this hill to try out what a car can really do, how much speed it can attain.
 There is also a broader view a highway has well known place; it is a public way, set aside for public travel. This isn't travel, it is a con test.'
 t'These people are going up that hill to see how fast they can make it. So far as MT. Sturges is con- cerned, he says that the roads which he has maintained will be subjected to an uncalled for use and abuse. He owes no duty to the travelling public, but out of his public spirit he has expended large sums on those roads. There is no case, I believe, of this kind which has ever been before a court. Whenever before there was opposition the contest has been abandoned because it was violation of the law. These selectmen- have consented that the automobiles might go ahead on the hill. Having cone so they have instructed me to have your honor's opinion whether the climb is lawful or not. If it is law full they will uphold the climb, if it is not, they will oppose it.'' Do you," said court, suggest that the town is liable to any persons who might happen to be injured at the climb ?"
 T think that if the contest had the permission of the selectmen.' said Judge Banks, "and that if a person was injured in this contest a. case could be maintained against the town for their neglect in permitting the roads to be dangerous to public tray el'.
 It was brought out, during the con- versation between the court and Judge Banks that it is a violation of the criminal laws of the state to operate machines at an excessive rate of speed.
 Ought not court of equity to deal with this case as whole, instead of prosecutor dealing with each case singularly?"
 "Do you think that a court of law should enjoin any criminal act?" ask ed the court.
 Attorney Stoddard in the argument, for the association issues stated that the hill in question was what is call ed back country hill off the main road of travel, and is considered one of the steepest hills in the county.
 ''The opposition to the climb. is simply MT. Sturges, who does not make his residence in Fairfield. His opposition is solely that his roads nav get worn out. He himself admits that they have stood up well within the past year, and that they are not on the direct road of travel. He looks few years ahead to the future cost of maintainance of the road" MT. Stoddard said that any of the drivers would be criminally liable if any in- jury or harm was done any spectator. The court said would give his deci- sion tomorrow.