Norwich bulletin., 1913-03-06

In the superior court here Wednes- day, Judge Joel H. Reed presiding, the case of Rensellier A. Hathaway of Summit R. l., vs. Dr. l. N. Perreault Perkins of Norwich representing tho plaintiff and Attorney Oliver E. Getty of Danielson the defendant.
 The suit against the Danielson phy sician grew out of an accident that occurred near Summit July IT. 1911. Driving his automobile, Dr. Perreault crashed into vehicle in which Hath away was sitting Hathaway was thrown out and suffered injuries of a somewhat serious nature, it was al legged, a bone in his ankle being frac- tured and the flesh torn from one thumb. Hathaway's horse was in jured and his vehicle smashed
 Dr. Perreauit was on his way from Providence to Danielson when the ac- cident occurred and was travelling alone. All of the evidence submitted by the defense was given by Dr. Per reault. According to the evidence frorl both sides. MT. Hathaway had stopped his horse to talk with man who was sitting in another vehicle and the two vehicles somewhat obstructed the highway, so that Dr. Perreault who said that he sounded signals of his approach, was unable to get past, and the collision occurred, although the doctor submitted that he had used due care in the operation of his machine. MT. Hathaway testified that Dr. Per reault had offered assistance to him after the accident, but that he had re- fused it.
 The plaintiff claimed that the ve- h;eles that the defendant claimed were obstructing the highway were about 120 reet apart when the accident oc- cured.
 Under 8 Rhode Island statute all vehicles approaching other vehicles from the rear are required to pass to the left but on account of the posi- tions of the two teams. which the de- fendant claimed prevented any possi- bility of his passing them on that side of the highway, he tried to pass on the right hand side. The plaintiffs attorneys based their first count in the action under that statute.
 In his charge to the jury Judge Reed, in relation to the statute re- ferred to, pointed out that Dr. Per reeult, if he had no chance to pass on the left side, could not be considered n Gltgent because he had turned to the right and tried to pass on that side, If he had previously exercised all neces- sary caution as to signals of his ap- proach, regulation of the speed and called the attention of the jury to the matter of consideri whether or not the plaintiff had not been guilty e ontributory negligence in stopping Il bis said Judge Reed must show that he was not guilty of contributory neglt- gence."
 The jury was out about a half hour, returning with a verdict for the plaintiff to recover damages of s425. The suit was for S3,000.
 Resolutions Not Opposed.
 At the capitol in Hartford Tuesday the Putnam Foundry and Machins company had two matters up for u hearing before the committee on in corporations of the general assembly. The first was in the nature of 8 heal ing act ratifying the increase in cap ital stock of the company from s25,o00 te ST5,o0o. The privilege had been granted to the company at the leg1s- latiye session of 1901 and the stock had been issued but the stockholders had never formally accepted the amen ndment to the charter.
 The company then asked through another resolution for power to i'm crease the capital stock from S1b,oeo to $300,000. It was explained to the committee that in the past four years the business had increased more than thI ee-fold and that at the present time 1t had borrowed $s5.000. which with deferred payments made over $1oo 900 indebtedness that had been incurred in order to meet the deficiency in tha apita1 stock necessary to carry on ths business. There was no oppoSi- ton to either resolution.