Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-11-06
SOUGHT DAMAGES Or $500
+. H. McCale Claimed to Have
Been Knocked Down by Auto.
Chr belonging to T.. T.. tart, who's,
Chauffeur Declared That NcCaIe
Walked into the Machine while
Crossing the street.

In Chittenden county court Friday the
way than a jury was empanelcd and the
trial begun in the case of Francis H.
McCale against Fayette l.. Taft. This
action arose from an accident a year
crossing Church street with a pal of
coffee in his hand and something hap
pened. Mr. McCale says that he was
knocked down, "un over and had his
back and ribs hurt and his coffee spilled
by an automobile belonging to Mr.. Taft
and driven by Mr.. Tafts chauffeur. He
says further that the chauffeur was
negligent and failed to honk his horn.
for all of which he claims damages of
$500 The claim of the defense Is that
the only negligent person in the case
was Mr.. McCale, who walked into the
machine as 1t was proceeding slowly
down Church street, that the machine
was brought to a stop almost instantly
and that Mr.. McCale sat down in the
street.
The first witness was the chauffeur,
Mr.. Morgan, who testified that he was
driving south on Church street, where
College street crosses IL. when Mr.. Nc
Gale suddenly stepped in front of the
car He said he brought the car to a
stop almost instantly. He testified that
he sounded his horn but that Mr.. Nc
Gale, who W. crossing from the west
side OF the street, continued to look the
other way. After NycCalc had got safely
by the side of the street on which the
automobile was proceeding. he stepped
back, the witness said. and came In con-
tact with the fender of the car. slpped
or was knocked down and spilled his
coffee. He said that McCale got up in
stantly remarking about the loss of his
coffee. and that as the man did not seem
to he injured he was ordered to drive
on.
George w. Streetcr. by-standor. did
not see the automobile hit McCalc but
saw McCalo and the coffee after both
had been spilled in the mud. He testified
that he started instantly to help McCale
| but that McCalc was on his feet before
he could get near him.
| Robert \. Strceter, son of George w,
was with his father. He did not remem-
Der hearing the horn sound. He testified
that he saw the machine hit McCale and
knock him do 4.
Lewis Samuclson did not see the ma
chine hit McCale. He did not hear tho
horn sound
Mrs. w. *. Walker was in the machine
when Mr.. McCale came to grief. She
testified that she was not sure whether
the machine ran into McCale or McCale
! into the machine. She said the first she
knew he was in the mud with s bag of
coffee She testified that he immediately
| spranE to his feet and said that some
| body had got to pay for hat coffee.
| Asked If she heard any remarks from
| bv-standers the witness said that Nc
| Gale talked so loud she could hear moth
| ing else. After she had assured herself
! that McCale was not hurt she said she
ordered the chauffeur to drive on. She
| said McCale saw her later in the day
| inquired as to the ow of the car and
said that some one must pay for that
| coffee and for his clothes.
| Mr. McCale's own version of his woes
| told of being Knocked down and of his
painful injuries His admission that he
did not look up and down the street be-
! fore crossing caused the defense to move
| Tor verdict as soon as the plaintiff :
case was rested. This motion Judge Stan
ton overruled after some delibera ton.