Norwich bulletin., 1913-06-25
$1o,o0o SUIT ON
 TRIAL IN SUPERIOR COURT.
Esther Smith, Executrix, vs. Norwich
 & Westerly Traction Go.

The continuation of the trial of the suit of Esther Smith, executrix, vs Norwich andN Westerly Traction Co, for $10,000 damages for the death of her husband, David Smith of Groton -alleged to be the result of injuries re- ceived at Avery's crossing last Sep tember occupied nearly all of the time of the superior court here on Tuesday.
 C. c. Elwell of the public utilities commission was first on the stand. Much of the testimony he was asked to give by attorneys for the plaintiff, Hull and Hull, was objected to and not allowed. Avery and Brown are attorneys for the road.
 Stephen J. Kehoe superintendent of the road at the time of the accident, and George w. Murphy, nlotornan on the car testified. Civil Engineer Pitcher explained plan of the loca- tion of the accident, but six large potogra phs made after trees and brush had been cut off ware ruled out as ex- hibits on the ground that they did not show conditions at the time of the accident
 Minnie l.. Coates. who was on the porch of her house at North Stoning- ton about 12.30 o'clock on the day of the accident, she said, testified to the large amount of travel that day. She told of going into the house for dinner and had just been seated at the table when she heard three short. sharp whistles, and. looking out saw a team on the track at the crossing. She could not see the car at the same time but the next she saw was the wagon flying in the air like kindling wood. She also heard screams. She began to telephone for a doctor, lighted the fire to get hot water and collected all the linen she could. | Shortly after Dr.. Chipman of New London came to the m jured people to the house in his auto mobile. MT Smith, the witness said, showed that he was dazed, and the three others were badly injured. Miss Emily Copp was unconscious.
 At the request of Attorney Hadlai Hull, Mrs Emma Smith, Miss Emily Copp and Miss Kate Copp who were the other three people injured in the accident, stood up in court and were identified by the witness. She said that MT Smith left her house that night about 9 O'Clock. but Miss Emily Copp stayed there two weeks, Mrs. Smith and Miss Kate Copp three weeks.
 The witness was questioned as to how near the track a person would have to be to see 300 feet up the track towards the north. She indicated that the distance would be as far as from the witness stand to the main doors of the court room. Attorney Hull in- quired further regarding possible ob- structions of the view at Avery's cross ing.
 number of questions asked of the witness designed to show that changes had since been made at the crossing were objected to by the attornews for the defense and their objections sus- tained by Judge Williams, who re- marked that the jury Were to under stand that changes since the accident haa ff1o ha
 When court adjourned for the day the attorneys were arguing before Judge Williams on the admissibiiity of questions put by Attorney Hadlai Hull to show that the trolley express that hit the Smith team was habitually run at high rate of speed and in a care- less and dangerous manner.