Los Angeles herald., 1910-01-02
INTERESTING CASE IN
NEW AUTOMOBILE LAW
DECISION OF GREAT INTEREST
TO MOTORING FRATERNITY
Suit Against Wealthy Auto Owner for
$25, 900 viii Prove Test Case
to Be Watched with
Careful Eyes

.ABINGTON, Pa, Jan. THAT clause
of the new motor law making it obli-
eatory on the part of motorist to stop
his car when it nears a halted trolley
car. and not to start the car again
until all passengers alighting from the
trolley ear have safely reached the side
walk will have its first test in a court
of law when a civil suit, instituted for
$4,000 damages, by Arthur Garis, an
Abigtonian, comes to trial III the Mont
gOnery county courts. at NOrriStoWn,
presumably at the coming session or
court. Consequently, this particular suit
is of deep import TO the hundreds of
automobilsts, who during every month
in the year, travel over the Old York
road--a highway traVersed for nearly a
score of miles of its length after it
leaves Philadelphia. The interest in
the case, in fact, will not be local, but
win be statewide.
Garis, employed by the Rapid Transit,
after attending lodge meeting at Hat
borO one night in August last, boarded
a car and rode to a point near his home
along the Old York road at Abingdon.
The car stopped at a point opposite the
home of Charles o. Kruger, president
of the Rapid Transit company, and
himself an an enthusiastic motorist.
At the point where the car stopped pas
sengers could alight on only one side
from which there would have been alb
solutely no danger from passing teams
or motors 1t was II o'clock at night
d night just Ordinarily dark.
As CARTS started across the Old York
road toward his home-he had less than
sixty yards to goa motor car owned
by Edward S. Radley, a wealthy Phil
adelplia builder, approached, going
southword toward the city. It is under
stood that Radleys son was the driver
of the car. Garis was struck and was
very seriously hurt, for several days il
being a question as to whether he could
or could not survive his injuries.
Radley, the motor car owner, carried
liability insurance in the Employers
Liability company of London, q for
eign corporation. Protected in this
manner, he naturally felt the insurance
company should be responsible for the
later settlement, which CARTS just as
naturally expected. But, it has devel-
oped, all efforts to reach an adjustment
between the attorneys of the insurance
company and the attorney representing
the injured man have failed, and Harrs
S. Amber, jr., an attorney of Philadel
phia, with offices in the Girard Trust
Company building, has instituted suit
asking compensation in the amount OF
1000 Tor GariS.
The clause in the recently passed
automobile lava law which prac-
tically gives the motorist equal right,
with pedestrians on highways, but reg
ulates the amount of care or caution
on the part of the motorist-cites "thar
an automobile approaching a trolley
car must come to a complete stop anC
not start until all passengers hav,
alighted from or have boarded the troll.
ley car and the trolley car shall hav,
started" AS it will be alleged In tn,
trial of the suit that this clause wa.
violated, the crux of the suit is in thi,
particular point, and Attorney Amble
anticipates an interesting trial.
While Radley is the named defen
dant' in the suit it is to be presume,
that the insurance company to whicl
he paid money for protection agains
accidents viii be the actual defendant