The citizen. (Honesdale, Pa.) 1908-1914, 1910-08-10
SUITS FOR $4,000

TRANSPORTATION COMPANY
BECAUSE LITTLE ANNA MAY
FIVES WAS HURT IN RUNA-
AWAY ACCIDENT HERE.
In the suit of Anna May Fives by
her father and next friend, William
B. Fives, VS.. the Auto Transporta-
tion company the following decla-
ration has been filed by Chester A.
Garratt, attorney for the plaintiffs:
Anna May Fives, a minor child of
William B. Fiyes, suing by the
said William B. Fives as next
friend, and William B. Fives, suing
in his own right, plaintiffs in the
action above stated, by their attor-
ney, Chester A. Garratt, complain
of the Auto Transportation COM
pany, a corporation chartered under
the laws of this commonwealth, de-
fendant in said action, and say:
That before and at the time of
committing the grievances herein
mentioned, the defendant had in it's
possession and under its manage
ment and control a vehicle known
as an automobile, and by its SER
wants operated the same for the
transportation of passengers on the
public highways of said county of
Wayne, and in so doing it was by
law the duty of the defendant to so
operate the said automobile as to
cause no damage to persons or prop
erty on said highways.
That on the twenty-seventh day
n Nav Q10 hnrCp
messed to a carriage, both of which
were the property of the said Will
liam B. Fives, were lawfully stand
ing on one of the said public high
ways, known as Main street, in the
borough of Honesdale, facing down
street, toward the south, the said
horse being properly hitched to an
iron hitching post on the eastern
side of said street, by an iron chain,
one end of which was securely
fastened to said post, and the other
end was by an iron hook thereon
securely attached to an iron ring
on the bride of said horse, and the
said Anna May Fives was seated in
! said carriage; that large curtains
were attached to the top of said
automobile, at the sides and the
! rear, which should have been so
secured as to prevent them from
! flying loose and Tapping in the
wind; that the defendant, by it's
servants, rapidly drove or ran the
said automobile northward on said
street, toward and past the said
horse and carriage, and unneces-
sarily near the same, with the said
curtains, through the defendants
negligence, so improperly and in
sufficiently secured that they were
Tapping loose in the wind, shaking
and tapping, with sharp, swapping
noises; that by reason thereof the
said horse became frightened, broke
loose from said hitching post, and
ran away with great speed, and in
such course that the axle of said
carriage struck violently against a
stone hitching post on the side of
said street, and the said Anna May
Fives was thereby thrown out of
said carriage to the ground; that by
reason of the premises the said
Anna May Fives was greatly bruis-
GU NOuhuCu anu lhJulNui ohV mas
undergone great pain and suffer-
ing, her power of speech was great
ly impaired, she became sick, sore,
J lame and disordered, and from
|, thence hitherto has so remained,
= and has sustained injuries likely to
, become permanent; the said Will
, liam B. Fives, her father, has in
: Cured, and must continue to in
cur, great expense for the medical
treatment and care of his said
/ daughter, his said carriage has been
| completely destroyed and made of
no value; his said horse, which
previously had no fear of automo-
| biles, has since become greatly
| afraid of them, and is thereby made
l of little value, being useless as a
S carriage horse on the highways
2 aforesaid. And by reason of the
= premises the said Anna May Fiyes
Y has sustained damage to the amount
1 of fifteen hundred dollars, and the
= said William B. Fiyes has sustain
e ed damage to the amount of seven
a hundred dollars. and therefor suit
4 is brought.