Norwich bulletin., 1915-10-14

Colonel Eugene 3. Psndleten. stated that he knew the man who made sev- er1 maPs. including the location in | question, and which were submitted as | exhibits, He said that iR 1869, on l the side of Main street, sn connection \ with the ease. on trial, there were no buildings, but there wRa & face wall aieng the water front, and the street was open to that wall for public tFayel.
 Fer years there was no rail on the
 ~aii. One night Archibald Mcclellan
 walked off tine wall and HeeH theFe-
 after a fence was placed along the
 wall. ihe pests being on the surface
 of the vail and toward the river, The
 Briggs building eeveFH that wall varys ing in width frem three ta ten feet, iHta Main street The hFi6aE buiid- ing was erected in isaa, and the press
 eHt iron bridge ever the Pa~eatuai
 riYeF in 1885. Tine present ireH bridge
 is wider and is aheVe feet higher than the eid' weedeR bridge. There was controversy in eeRheetieh with
 the building of the Briggs building eFea eashmeHts, but he could net re. call the detail, but as lens as he could ; remember the section of Main and l. Bread streets were always used as 2 ' Hutliio highway, Mir, Pendleten said , Briggs building. and, as such had PaiC
 fer trePaiP ring of the sidewalk in from
 of the Briggs building, including tn, = p.aee where the claim or defect ex . ists
 Mrs. Clara WhippIe and Mrs. Ethe
 Burke testified that they had stepped o into the depression in the sidewalk a :. the corner of Main and Broad street . near the bridge, but suffered pain bu . of few minutes duration. Thep botl U testified that they had also turned thei
 ankles when walking on smooth pave
 ment, and with like result.
 Warren Randall, of Pawcatuck, fo ' twenty-five years justice of the peac . in the town of Stonington, rave testi 't mony as to the conditions that pre- Il vailed before the erection of the BrlRE
 building and the iron bridge, In hi
 opinion the Briggs building was thre
 feet on the Broabi street line an
 two feet on Main street, and that tn ,- section was always public high
 way.
 TO Mrs. Mary @. Knight, plaintiff In th Id oaso, was Rsaisted Into the court roor ic at the afternoon sesslen and testlfis T. that she has resided for the past 1 ,n years on Liberty street, Pawcatucl r. about half a mile from the. plRc e. where she was injured on the after is noon of September 1s, 1914. She sal sd Opera house to moving. picture aho' le and while walking along by the Clar nd store and looking into the show win rs dow, the heel of her right shoe cauEl
 in hole In the sidewalk and hel is there, and she was thrown forwar is and her hands. Her knees were ir -s jured, her hands scratched and sf in was hurt just above the pit of tf ,rt,l stomach, She was assisted to hi he feet and remained near the Clai vo store for about ten minutes undecids e. whether to return home or continl lis. on to the theatre, With the lady vi was her companion. she finally d.
 cided to take in the movies, When
 the opera house her knees paine m and felt as if blood was tricisling fro her knees but there was no bloc ne as the skin on. the knees was n 'H broken. She testified that she did n
 enjoy ths show on account of q on pain in her knees, but remained n- the end Her friend suggested tn oe she ride home in a cab but she d
 clined and walked to her home. b ch could not have gone much farth'
 court room in a cab and on the VI
 stopped and looked at the depressi
 In the walk where tha accident O
 cured, From the plaster cast e ed- depression where her heel caught a ere threw her down Mrs. Knight ss ter, that two months after the eccids ks. she noticed that one layer of leatt pm on the right shoe heel was partie lew torn away.
 bia Attorney Harry B. Asard, town :.
 licitor. in his eross eXarninati tier brought out the fact that at the ti 'wh Of the accident Mrs. Knight we
 shoes with low broad heels. larger tn , in the alleged hole in the Sidewalk. wn Iere 1t Is claimed the heel of Mrs. Knigf ,el- right shoe fitted Into and held ing when she pitched forward and V
 injured .
 itry Mrs Knight testified that it Wa: s bright, sunny afternoon when the all- cident happened and she wore co y. | mon sanxs sShnes- with loE and hrI