Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-10-14

Jury Returns q Selied Verdict
Wednesday Aftenoon in
Case Of HaIIowach
VS.. Priest

Halloween Of Fairfield, administrator
Of the estate of Simon Halloween
against DR.. Maurice A. Priest Of Au-
gusta, formerly Of Fairfield, which
was commenced at Tuesdays session.
The case was given to the Jury late
In the afternoon and the jurors were
later instructed to return their verdict,
sealed, to the court this morning.
Forenoon Session
A number of completed petitions for
naturalization were heard by Assoc
ciate Justice Cornish at the forenoon
session and several were admitted.
Near the close of the session Attor-
ney Smith Of Fairfield commenced his
plea to the jury for the defendant in
the case above mentioned. At the
opening of the afternoon session he
resumed his pleading.
Afternoon Session
1t was admitted in the case that the
defendants automobile was duly reg
istered and 1.-The defendant duly liz
censed.
Plea for Defendant
Attorney Smith for the defendant
stated that the plaintiff had charged
the defendant with running his auto
mobile carelessly and negligently and
at fast rate Of speed, and that 1t was
necessary for the plaintiff to prove at
least that the defendant was running
his automobile negtgently. He argued
that the pedestrian as well as the au-
tomobile driver must use ordinary care
and prudence in these days of rapid
transit, that is, that he must use the
care of an ordinary s1nan The attor-
ney then took up the element of dam
ages. The plaintiff had sought dam
ages in the sum Of $4,000. The measure
OF the damages was the conscious suf-
fering Of the man while he lived And
the counsel stated that there was nc
evidence to show the extreme suf-
fering of the man, who, after the ac-
cident which occurred at about p.
NJ, May 81, 1914, was conscious until
about IL p. M. He mentioned the fact
that the plaintiff. Antonio Halloween,
the widow of the deceased, or John
Halloween. his brother, did not appear
and tell Of the suffering of the victim
of the accident. He then reviewed the
evidence, which had been submitted.
In brief the defendants contentious
were: that he was not driving fast
that he was not driving carelessly nor
negligently; that there was ample
room to pass between Halloween and
the corner: that he had the right to
assume that Halloween, after being
warned of the approach of the de-
PENDANT, would continue on: that he
would not be expected to contemplate
any change: that Halloween knew the
car was approaching, and started on,
thus indicating what he would do, and
then turned and ran in front of the au-
tomobile; that Hallowach's conduct
was unusual and unexpected and was
the cause of the accident; that the
jury would be warranted in finding
that the accident was one in which
the defendant was not liable.
Plea for Plaintiff
Attorney Fogg for the plaintiff stat
ed that the case had its unfortunate
side, that those dependent upon the de-
ceased man should have to come into
court and ask for their rights. He
stated that it was undisputed that the
accident happened and that Simon Hal
lowach was killed as the result of the
accident. The question was as to the
negligence of the parties. He stated
that the law in Maine assumes that ST.
TYon Oh, IN fh0 nf
due care at the time the accident &C.
Cured. and he stated that there is a
presumption, therefore, that the DEFEND
s.nt was not in the exercise of due care.
And he submitted that the plaintiff had
shown that the defendant was negli-
gent in operating his automobile. And
he reviewed the evidence bearing upon
this point.
He stated that 1t was fair to assume
that the victim Of the accident suffered
mental anguish and bodily pain and
that Antonio Halloween. his legal rep
resentative, was entitled to recover fair
compensation.
Ard he stated that as the defendant
had said that the plaintiff was guilty
of contributory negligence and could
not recover, that the defendant must
allege 1t and prove 1t. In closing he
stated that the law does not compel 4
man when confronted by sudden dam
ger to do the right thiDg. II the man
does what is best in his Judgment. he
does all In his power.
Associate Justice Cornish Charges Jury
In the charge to the Jury Associate
Justice Cornish stated that II the jur-
crs came to the question Of damages
the one element to be considered in re-
gard to this case was the mental ana
bodily suffering and anguish Of the
victim Of the accident, who became un-
conscious at IL p. M. on the night Of
the accident and did not regain con.
seriousness after that time.
The jury retired at 4.e4 P. NJ. With
tine case in its hands.