Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-03-11
SUPREME COURT
Jury Returns Verdict of S2175
in Case of Skene VS.. Graham
ct als.-Appeal Is Taken

The case Of skene vs.. Graham ct ais.
was completed at Wednesdays session
OF the supreme court, the jury returning
verdict in favor of the plaintiff for
s2l55. The witnesses finished their testi-
mony at the forenoon session and at the
afternoon session the attorneys, Ernest
l.. McLain for the plaintiff and E. c.
Ryder of Bangor for the defendants.
made their pleas. Associate Justice Phil
brook charged the jury and after about
two hours elaboration the jury return
ed with the verdict. The case has been
appealed on questions of law.
The plaintiff in this case was James w
Skene OF Augusta. Mr.. Skene sued the
defendants, Mi. and Mrs. John r Ora
ham Of Bangor. for personal damages 10
the amount of $500 on account of injuries
which he alleged to have received in an
automobile collision on Aug. l3. 1913. as
the junction of Western avenue and Sew
all street Augusta, between 4 Packard
automobile in charge of the defendants
ana Ford car operated by the plaintiff
Mrs. John r. Graham OF Bangor was
the first witness called at the morning
session. She testified that Mr.. Sillman
of Philadelphia, Penn. gave her the use
Of his packard touring car for the sum-
ner of 1913 and that she was in the auto
mobile when it collidad with that oper-
ated by James w. Skcne. the plaintiff.
Mrs. Graham gave all the orders to the
chauffeur as to the driving of the car
and the repairing and she saw to 1t that
the schauffeur was paid. On the par
ucuiar trip when the accident occurred
Mr.. ana Mrs. Graham We're going to the
White Mountains. Mrs. Graham then
testified as TO the accident, stating that
the Packard and the Ford car turned TO
the southern side of Western avenue
and Mls. Graham closed her eyes when
the cars came together She heard Nr
Graham say that he would give his
name to Mr.. Skene. On cross-examina-
ton Mrs. Graham stated that the Pack
ard automobile had slowed down to tive
miles an hour when it reached S-wa!I
street, Mrs Graham admitted that she
saw blood upon Mr.. Skene's face
Harry \. Haas of Philadelphia. Penn.
the Chauffeur who drove the car of the
defendants at the time of the accident
gave his version Of the accident. stat
ms that he was driving the Packard
car up Weston avenue at the rate Of
about u miles an hour and h. saw the
Ford car coming down the avenue on
the same side. Both cars turned OUT
southerly at the same time and the
collision occurred. The Packard gar
was stopped at the time of the collision
while tina Ford car was going at the
rate of about Is miles an hour when it
struck the Packard automobile Mr..
Haas stated that he heard MIR. Skene
tell Mr.. Graham that he did not need
q doctor He also testified that the
Packard car was registered in the state
of Pennsylvania and that ne was licens-
al in That state 10 drive an automobile
Upon cross-eXamination Mr.. Haas ad-
mitted that on July Is. 1919, Mr. Graham
had given money to him. although it
was not part of his salary as chauf-
ceui.
Mr.. Graham testified thar he had taken
no insurance on account of running the
automobile in 1872
The rebuttal was opened by the plain
tiff. who testified that previous TO the
examination made for the defence of the
case he had never consulted DR.. Cobb
of Auburn. Or. Cobb had treated Mr..
Sfs!ie SlEi lOT eye tfOuDle at inherent
times. Mr.. Skene testified that the Wade
& Dunton Carriage Co. of Lewiston and
the Wade &, Dunton Motor Co. were one
and the same thing.
DIR. Oliver W. Turner of Augusta took
the stand and testified that after the ac-
cident d. e., on May %. 1910 he examined
Mr.. Skene and found that the hearing in
his left ear was much reduced, reduced
to such an extent that he could not hear
a watch at close contact. And he would
not expect any improvement in the hear
ing from this ear In the examination
DR.. Turner found a perforation of the
drum membrane.
Alfred c. Parent Of Lewiston. book
keeper of the Wade & Dunton Motor Co.
stated that the Wade & Dunton Motor
Co is a department of the Wade & Dun
ton Carriage Co., that both are under
the same management.
Several questions Of law were then ar
gued by the ATTORNEYS and at 1210 p. NJ.
the morning session was adjourned.
Afternoon Session
At the opening OF the afternoon session
the attorney for the defendants, E. C.
Ryder of Bangor, began his plea He
stated that it Is not disputed that there
was an accident nor that the plaintiff
was injured. but those facts did not
prove that the defendants should pay the