The citizen. (Honesdale, Pa.) 1908-1914, 1912-06-21
DAMASCUS TOWNSHIP MUST
PAY S107,3O
For Loss of Horse Sustained by Mrs.
Boveiess on July 10 Last--Jury
Holds Township Liable.

of Angeline Loveless VS.. Township
of Damascus was brought to trial
The plaintiff claimed that on July
10, 1911, while driving along the
public highway between Milanville
and Boyds Mills her horse stepped
on a stone, broke its leg and had to
be shot. The action was brought to
recover 5000, the value of the
horse. The jurors drawn in this
case were: William ID. Carlton,
Dreher; j. f. Cook, Honesdale; La
fayette DEMO, Manchester; Harvey
Fuller, Dyberry; Eben Keen, Homes
dale; Seth S. Moore, Lake; John
Monoskie, Mt. Pleasant; A. c. Oliver,
Texas; w. J. Ogden, Dyberry; Lay
ton Smith, South Canaan; A f.
Voigt, Hawley; F.. Watrous, Salem.
f. p. Kimble represented the
plaintiff and in his remarks to the
jury was very brief and to the point.
Mrs. Angeline Loveless sworn:
She testified as to the accident as
follows: i live in Damascus town
ship and am acquainted with the
condition of the road between Milan
Vile and Boyds Mills. | have driv-
en- over that road many times. On
July 19, 1911, | was at Boyds Mills
W
and along towards evening | started
for home accompanied by Mrs. 3. S.
Shannon. When we were about a
mile from Boyds Mills we came upon
bad place in the road where a lot
of loose stones of all sizes were scat
tered about, making travel difficult.
On crossing over this spot the horse
stepped on a round stone and broke
its leg. The horse fell over against
the shaft and backed up. l got out
of the buggy and examined the leg.
Mrs. Shannon got out and went up
to the George Reynolds home for
help.
DR.. Lidstone was called and said
that the horse might just as well be
shot. l kept the buggy in the beat
en- track of the road and the horse
was on fast walk down the hill
toward the bridge The accident oc-
Cured on the other side of the
bridge from Boyds Mills and when
the horse backed it pushed the
buggy on the bridge where it was
when the Reynolds party came up.
1t was just about dusk and couldn't
see the stone that the horse stepped
upon.
Cross-eXamined: did not stop the
horse on opposite side of bridge. Am
positive horse had accident on this
side of Geo. Reynolds home, about
mile from Boyds Mills. My horse
was walking fast. l measured some
of the stones. One was 10 inches
in diameter. The horse never had
been kicked previous. Had a nail
wound on left front leg above the
nj h,,r iryb =
scratch. Horse was not lame in
right hind leg when started out.
Dr.. Lidstone sworn. He testified
that he was veterinary surgeon and
was a graduate of the University of
Pennsylvania. On July 10, l was
called to attend a horse for Mrs.
Lovelass and got there some time
after the accident. Horse was
standing a little off the road. Hind
left leg was swinging, couldn't sup
port the weight of the body. Two
bones broken about six inches apart.
| recommended killing the horse
which was done.
Cross-examlned: There was anoth-
er abrasion on inside of same leg
little below fracture. That horse
had been kicked. 1t is possible for
splintered and walk and do work for
a week or ten days sometimes before
the bone breaks entirely. | didn't
notice any defects on horse.
Questioned by Attorney Kimble;
Mark on leg was not old; looked as
! ii hair had been scraped off.
Cross-examined: Never knew OF
an instance where a horse broke leg
by stepping on a stone. 1t might be
possible.
J. w. Yerkes sworn. l live in Da,
mascus township and know the road
in question. Have driven over the
place where accidest occurred many
| times. There are many stones in
road this side of bridge at foot OF
hill / knew horse and would value
/ it at $125. Used it for plowing and
moving hay.
+ Cross-eXamined: ] am a taxpayer
Of Damascus. Know horse was &c
/ years old and had the springhalt
which fact does not lower estimated
/ value.
/ Ward Wall sworn: | live in Da,
| mascus township and know the road
/ in question. Very dangerous fol
| travel. Would value horse at $10(
to 1925.
Cross-eXamination: Notified VIM
! Tyler about condition of road. Saw
| horse same day before accident anC
| it was not lame.
William Rose sworn: | am a farm
/ er in Damascus township. Live or
| road between Milanville and Damas
! Gus, one mile from place of accident
! Was there 20 minutes after acci
! dent. He described the road to bC
! in bad condition. Valued horse a
| Sl25.
Cross-examined: Tried to notify
| supervisors. Every time | called III
he was not at home. Never met hin
to tell him. Said springhalt woult
not affect the value of horse.
Chas. Tegeler sworn: am a farm
er in Damascus township and live
half mile from place of accident
Condition of road bad, very stony
Never called supervisors attention t
road. Saw horse last summer; new
er observed any defects. Value it a
500.
Cross-examined: There were boil
loose and fastened stones in the roat
bed at this place. Am not related t,