The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1911-09-21
JURY DISAGREED.
KinmelI.'.Keefer Automobile Damage
Case To Be ThreShed Over Again
in Chanlbersburg.
ABLE COUNSEL ON BOTH SIDES.

On the 9th day OF last October,
Mrs. Lydia Keefer, a widow aged
" years, was struck by an auto
mobile driven by S. w. Klmmell,
of Saltillo, Pa, while on a street
crossing IN Chambersburg. Mrs.
Keefer brought suit for damage
against Mr.. Kimmell, and the
case was heard in the Franklin
county courts last week. The
case attracted much attention, as
1t not only interested automobile
owners who use thoroughfares
but every one else as well,
Both plaintiff and defendant were
represented by able counsel, and
1t was a hard fought legal con
test. After eighteen hours of
deliberation, the jury failed to
agree, and they were discharged
by the Court and a new trial or
dered.
Mrs. Keefer's story as gwen on
the witness stand is, substantl-
ally, that on the 9th of October,
1910, she was going on an errand
to the home of her sister Mrs.
Fred Harper, leaving home about
10a. m. Went to Skinner & Hal.
ler's drug store, left and looked
east and west at crossing saw no
autos or vehicles. She started
across Market street and when
on the crossing she heard a noise,
thought something was happen
ing. She heard no warning. Her
hearing and sight are good. She
was walking at an even gait.
When she was struck she said
she Thought she was killed.
Darkness followed. When she
regained consciousness she was
In DR.. Thrush's office, She was
suffering dreadfullyin her back. |
Her left leg was crushed at the
ankle, her arm, back and hips |
were injured. She said she suf.
fered great torture" Since the
accident she cannot lie on her
back. She cannot walk. can get
about on crutches only with great
difficulty. She has almost con.
stant pain. She SAID her great.
est wish was "That | had been
killed outright" For five months
she suffered greatly.
Prior to the accident she had
been IL good health and had made
two trips to the west with no Ill
effects.
On cross examination Mrs.
Keefer insisted that she looked
both directions as she walked
upon the crossing. She noticed
else on the crossing. Aft
er she left the curb she could not
say that she looked either way.
S. W, Klmmell who has lived in
Saltllo for forty years is a farm.
er and does office work. lie got
an auto in September 1910 to use
personally and tor hire. On Oct.
he left Saltlllo at Z a. m. with
Walter Watkins, Miss Verna
Brown (now Mrs. Watkins), Har.
ry Horton and Miss Ruth Shope.
These four were passengers,
bound for Gettysburg, paying
nlm for the trip. They left Get. {
,ysburg, Oct. 5 between s and 8
/. m. Got to Cham bersburg
about 10 a. m, came IN Market
street at a speed of 8 to 10 miles,
some time 6 miles an hour. {
Streets of town were thronged IN !
central part. Went through Mem
,rial Square at between 5 and 6 ;
Sounded his horn
several times down Market street
md around the fountain. Saw i
Mrs, Keefer first as she was (
stepping on the iiou plate of the U
'rossing at SINNERS drug store, '
bout his automobiles length
way from her. lie called "look r
'ut, look out" quite loud. Mrs. il
leefer walked straight on. He v
brew his feet into the clutches,
lsed every brake and tried to b
top his machine but the car t,
eemed to float along on the mud, {
hecking slowly. He hit Mrs. o
ieefer with the fender of the c
eft side Of the auto and the cars "
ear end sWlpplnp around n n