The Bridgeport evening farmer., 1914-07-28
THE FARMER: JULY 28, 1914

auto passed them at E1lmwood Place, after the accident:
 Page 40. o. Do you know as to l BOOTH 2. wnt
 what speed this car was going? About
 how fast or how slow? A. Couldn't t 1 tell.
 Q. What? A. Couldn't tell. @. Was it going fast. or going slow2 A Kind of fast. l Cross mination:
 Q. You didn't notice the speed of
 the car, did you, whether it was 20
 miles an hour or 15 miles an hour A. I did not.
 Q. You didn't. you say2 A. No.
 Q. You wouldn't say whether 1t was going Is. % or 25 miles an hour, would you? A couldn't say. 1 Alice Peterson, who did not see the auto until after the accident, testified as follows in reference to the speed as it passed her at Elmwood Place Page A O. Do you recollect how the car was moving slow or fast2 A.. Why, it was going-ft wasn't going as could call fast. it was going medium rate.5
 Q. Medium rate2 A. Yes, sir.
 Mrs Florence Anderson, who was on the south side of Fairfield avenue 160. feet from Grove street. testified as to the speed as follows:
 Page 55- You have driven q good many hundred miles in an auto. l J Page 56. Q. What is your judgment of the speed of the car that night at the time of the so-ca1Ied collision? A. Well, it was going fairly fast. wouldn't like to say because really can't say.
 e. What is your best judgment2 You have ridden in an automobile and can tell about how fast the car was going. A. We'll, [ should say 1t was going 1s, perhaps 15 miles an hour. n7,1 9N 40 paces from the deceased at the time he was struck, testified as to the speed of the auto as follows: Page 6s. O. A. We'll was going toward Fairfield avenue as said and the first thing that attracted my at tentfon was this automobile travelling at a high rate of speed up FairfeId avenue. going west Page 65. Q. What do you mean by a high rate of speed3 A. Well trav- cling at a rate that should consider would think would exceed city rate.
 @. What is that? A. don't know, but it was certainly a higher rate than is usually used on Fairfield avenue: Fairfield avenue being a speedway of course adds to that.
 follows:
 Page TT @. didn't quite under. stand what you meant by exceeded the speed limit City limit probably you said. What did you mean by ssex- ceeded the city limit ?r A. We'll from what is usual to seeing at these times
 @. As far as know there is no city limit except the law of carefuIness in driving. A understand you have to slow up to within so many miles an hour going through the city.
 O. see That is to say, it was your understanding that in going through a city the law required one to make a slow rate of speed, is that 1t? A. Much slower than it would be out in the country.
 e. And that you thought the car was going faster than the legal speed limit within the city. A. Certainly
 Elmer e. ThralI, a witness offered by the state, who was in an automobile at the time of the accident. testified as follows:
 Page 1os. e. About the speed of the car, MT. ThralI on the way out there. A Why, my best Judgment was we were going somewhere around 15 miles an hour.
 o. And after striking the post and backing off and starting up again. A.
 We proceeded about the same speed.
 Mrs. Catherine S. Morehouse, a witt ness offered by the defense, who was directly opposite the scene of the ac- cident, testified on page 164, in answer to question 6:
 T noticed an automobile coming up the street about 15 miles an hour.,s
 The accused testified, on page 1S2 question 5. Now, about the speed at which the car was driven all the way out from the bowling alley until if passed this man? "A. The car never exceeded the speed of 20 miles an hour, and as we neared Grove street, as is always a custom of mine, on account of it being dangerous corner, slow ed down the cars and I can't state der initely. but should say the car was running between IS and IS miles an hour
 A fair deduction from all the evidence offered in relation to the speed of the auto Is that 1t was being driven be- tween 15 and 20 miles an hour.
 The evidence does not disclose there was any obstruction by way of other traff1c or otherwise, and, this being true, an auto driven at the rate of Is or 20 miles an hour upon. an unob- structed highway is not in violation of conditions is reasonable and proper, having regard to the width, traffic and use of the highway.
 So far as the reckIessness and negli- gence is concerned, I am confined to to the evidence Submitted as to the conduct of the accused as he approach ed the corner of Grove street and Fairfield avenue, which was briefly as follows:
 Coming out Fairfield avenue, the au- to was nearN the center when it was directed more nearly to the right curb as it approached Grove street.
 When it arrived at the northwest cor ner of Grove street and Fairfield ave- nue. the deceased, who had been standing upon that corner, near the curb, stepped out into the street and directly in the path of the auto.
 The accused, who saw the deceased standing on the corner and step off into the street immediately caused the auto to swerve to the left in order to avoid striking him and then turned the front wheels to the right in order to regain his proper position on the right side of the highway.
 In order to find that this conduct on the part of the accused was crim- 7a1 9e-y <, +1--