Norwich bulletin., 1913-12-12

lay was occupied with the con-
 .n of the trial of the suit Of
 r. Maynard of Old Lyme
 Henry C Hine of New Britain
 a damages for injuries to his
 . received when MT Maynard
 truck by MT Hines automobile
 e summer of 92 in Old Lyme.
 hen court adjourned for the day
 iefeuse had called all its witnesses, was understood, except possibly an .vpert To testify about the four cylin- ier 2e h. D. car which MT. Hines .hauffeur was driving at the time of he accident.
 F. is the same car with which Mr. line come here from and returned to New Britain for the trial on Thursday, except that he now has @ limousine ,vdy on it. but was using an open body pn the day of the accident to MT. May aard. It has a wheel base of los feet
 Testimony for Plaintiff.
 When court came in before Judge Shnmway. the first witness called by Attorney Hull for the plain&ih was Erwin Leslie Rogers. who stated that ne saw. MT. Maynard picked up and hat he was sure the horn on the Hine automobile was not blown at the time sf the accident.
 David Maynard. father of the plain if, testified that the machine was go- ng at about 30 miles an hour, and Mrs Maynard the plaintiffs mother estihed to the same effect. Dr. Joseph Fly of Lyme testified to the condition sf the broken ankle.
 Dr Harry NJ Lee of New London ,estifed to the nature of the injury snd said that there should be another apera8ion to bring the bones together. f these bones are not fastened run ling sore may result.
 John 2. Kane said that he believed -l-r-- 9 hour and said that there was no blow ing of horns
 The plaintiffs attorneys rested at s.o5.
 Defendants Story of the Accident.
 Henry C. Hine testified that he was s hardware manufacturer in New Britain. At the time of the accident he said that the Maynard wagon was in the middle of the road, and the Hine auto horn was blown at least five times. and just as the Hine car was about to pass the Maynard wagon MT. Maynard jumped off while the horse was moving. and Mir. Maynard took five paceS and was hit by the mud guard of the Hine machine as the chauffeur turned out to avoid the man. Mr. Hine said that if his driver had not acted quickly MT. Maynard would have been killed. MT. Hine said his car was not running more than 15 miles an hour When Mir. Maynard was hit the brake was put on hard and the machine did not run 50 feet before it was stopped.
 IL was Mr. Hines testimony that they were running about 15 miles an hour and that the horn was blown as they were approaching the May nard team. but that MT. Maynard jumped out and started to cross the road The chauffeur of the Hine au tonobile swerved the machine to the left. but the mudguard struck Mir. Maynard.
 Nr Hine further testified that he said 10 AIy. Maynard after the latter z-as struck: Didn't you hear our horn e'' and that the answer was We don't pay any attention to automobiles Own here
 1Ir. Hine stated that there was room enough at the left of the Maynard raSon for two automobiles abreast to Lass without trouble.
 Mrs Dora Case Hine wife of the defendant. said that she saw the May uard wagon ahead of them before the accident and saw it at quite dis fance. She thought they were run ming about 15 miles when they started to pass the team. The horn was blown twice, once when they were quite a distance back and the second time when they were close by the Maynard wagon.
 She testified that as the automobile came even with the wagon, the man on the left in the team turned and jumped out, striking the side of the automobile. Then the chauffeur turn ed the automobile to the left towards the bank put on the brakes and brought the car to a stop as soon as possible. She said the horse with the wagon in which Mir. Maynard was travelling was nearly in the middle of the road and that the people in the wagon were talking together. She tes- tiffed that her daughter, who Is 21 years old, was also in the automobile and had been in court on previous days of the trial of the case, but was in New York on Thursday because of a previous engagement.
 Alfred E. Novenu, of New Britain, the chauffeur employed by Mir. Hine, testified to his previous employment in New Britain before working for NTr Hine. and said the width of the Hfne machine was 6 1t. 1 in. AS he approached the Maynard team he was running the auto at about IS miles an hour, when he first saw the team at a distance of about 800 feet, and IS he approached the team he slowed down to about 15 miles an hour. When he had just about reached the hird wheels of the wagon, the witness said the man on the left in the team jumped and landed in the road with eut having made any preliminary move