The Hawaiian gazette., 1911-09-22
lU1OISTs MUST BE-
CAREFUL Or SUFFER
Judge Whitney Gives Damages to
Victim and a Lecture 10
Defendant.

cover sl325 from William savidge for
injuries which he said he received
through the defendants automobile
knocking him off a motorcycle was con.
cluded yesterday by tie judge giving
verdict in favor Of the plaintiff for
$3.50
On the FIRST day plaintiff testified con-
corning the accident, and Maj J. NJ.
Kennedy told of the injuries sustained
fby the plaintiff.
Yesterday morning the defendant
told his story of the accident. He stated
that hessaw another automobile coming
towards him and he had to swerve out
of the way of the approaching machine.
In doing so he was brought into contact
with the plaintiff.
He called j. Whittle, s. Golden, j.
Mcyeigh Jr., and ], w. Harvey in sup
port of his testimony.
Judge Whitney very shortly after the
testimony had been rendered gave his
decision, He said: ''The court can
find from the evidence, no negligence
on the part of the plaintiff herein. Rid
ing motorcycle at a moderate rate of
speed along the public highway at the
intersection of Merchant and Alakea
streets and having practically passed
the intersection of those streets, being
on the right side of the street and
about two feet from the curbing, he
was struck by the sudden turning Of
/ defendant S automobile. The court can
find no negligence in his conduct.
"The defendant was likewise driving
II at a moderate rate of speed on Mer-
chant street, yet taking alarm at an
/ approaching automobile on Alalsea
street, the defendant turned the ma.
J, chine which lie was driving suddenly
and without warning, to the left,
, crossed Merchant street, struck the
, plaintiff and continued on for several
feet thereafter.
"The court is of the opinion that
the reasonable and only safe course for
the defendant to have pursued in the
circumstances in which he found himself
was Not to turn as he did, but to have
applied his brakes and stop the machine,
a course which find from the evidence
could have been pursued and the acct
, dent thereby avoided.
( "The defendant testifes that his en-
= tire attention was occupied in escaping
the motor on Alakea street. A person
t in the position in which defendant
t found himself owes not only to himself
q the duty Of self-protection, but to
n others on the street, reasonable care to
. avoid accidents. | can not find the de-
PENDANT exercised such reasonable care
towards the plaintiff rightfully on the
street
ffThe court. therefore. finds for the
plaintiff and assesses the damages in
the sum of $3.50"
August Dreier's Account.
j Cecil Brown as trustee of the estate
. of the late August Dreier, has fled his
account, and Clerk NJ T. Simonton as
. master has submitted his report to
! Judge Robinson on the account.
The trustee charged himself with
1927 "a. The receipts were made up
), of rents amounting to $1971, interest
$398S.54 and dividends, etc, $3s40. He
asked to be allowed $73s0.59, made up
g of the usual incidental expenses, such
as insurance premiums, court costs, etc
The master said that in the statement
a Of the estate of August Dreier all in
/. come received by the executors and all
/ money received from any other sources
q by the trustees, has been used in set
v thing the debts of the estate, as we'll as
. the dover right of the widow, and
v whenever principal has been received
!. by the trustee since the institution OF
the trust, it has been transferred tC
n income account to make good the in
4 come used in such settlements. This
was done in order to keep the estate
J intact and to prevent sale of secu
= rites and properties held as principal
. In consequence, nothing has been offer
= ed to the benefciaries under the will.
II On April 4 last Mrs. Anna Markham
!, one of the benefciaries, died. and Il
d her estate has been paid the sum Of
/ $29l2sl, being one-fourth of the &C
L crued net income from the estate, from
e the date of the death of Dreier to the
It date of her DEATH This is the only
% amount that has been paid out by thu
n trustee on account of income Should
" the other benefciaries insist on receiv
lie ing their shares at once, more of tn,
principal will have to be disposed o
IS to meet such demands.
II Since the filing of the first annua
A. account of the trustee, August DreieI
II at that time a minor. has come of age
te Mrs. Frates and Edward Dreier,
~ minor, two of the benefeiaries, as still
a. residents of the State of California.
~ The gross receipts from income ant
q principal during the period covered b.
= this account have been $7s2s.64 an
disbursements $7Ss0.59, leaving tn
= balance treated as income $44S.05.
~ The master states that he has foun,
~ everything correct and recommends tina
= the account be approved by Judge Rob
y inson,
= Widow Is Left Out Of win.
Peter Joseph Aleneastre yesterda
m applied for probate of the will of hi
=. father, who died in Funchal, Madeirs
"a ON Nay ~, last. According TO the dOeu
IN ments fled there are a widow and tire
~ sons namely, Peter Joseph, Stephe
" Joseph and Alexander Afrreastre. TIL
~ first two mentioned sons are OF h,
~ nolulu and the latter Of Oakland, Cal
-, forBia.
a The property left here comprises ~