Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-03-10
SUPREME COURT
Tuesdays Session Is Devoted to
Automobile Accident Case,
Skene VS.. Graham-Plain.
tiff Claims Damages
in Sum of $4,000

ana Mrs. John K. Graham OF Ban
gor, in which the plaintiff sued for
damages amounting to $500 on ac-
count Of injuries received in COLI
sion with Ford car driven by the
plaintiff and a Packard car, which at
the time was in charge of Mrs. era
ham. At the end Of the days session
the case had not been completed and
it will be continued at the opening of
court at s.45 this morning.
Court opened at e.45 o'clock, Asso-
ciate Justice Philbrook presiding. At
torney Mclean opened the case for
the plaintiff. The collision OF the two
cars occurred Aug. %, 1918, at the
junction of Sewall street and West
ern avenue in Augusta. The plaintiff
claimed that the defendants who were
in a car driven by a servant should
have used more care, and that through
negligence on part Of the defendants
the defendants car was Steered dag
onaly across Western avenue, smash
Ing into the car driven by the plain
tiff. AS a result Of the accident the
plaintiff claims that he was cut on the
head, that his hearing has been per-
manently impaired and that he had
suffered much from the injuries he re-
ceived. On these counts he sued for
the aforesaid amount.
Attorney Mclean read a deposition
Of Frank Sillran Of Philadelphia, Pa.
the owner Of the car. Mr.. Sillman is
vice president of the Lewiston, Au-
gusta & Wateryille Street Railway
The deposition stated that he had sent
the car 10 Bangor in charge of his son
and that he had nothing TO do with it
after that. The chauffeur went also in
the car. Mr.. Sillman had given Mrs.
Graham the use Of the car for the
summer. He considered the chauffeur
careful driver.
Percy c. Rich, clerk az the Bangor
House, took the stand as the seconi
witness for the plaintiff and he
stated that Frank Si!lman, 3rd Of Phil
adelphia. Penn. was registered IN the
hotel register on July I9. 1918.
James w. Skene Of Augusta, the
plaintiff, then took the stand and gave
his version of the accident. He stated
that he had started for Manchester n
a new Ford touring car owned by the
Wade and Dunton Co, Of Lewiston.
He was going up Western avenue but
he noticed clouds and thought il was
going to rain so he turned the car
in the driveway Of Frank Hartshorn's
yard 1t was at the time when thu
railway crew we're putting the track
in the center Of the street az the up
Ter end of Western avenue, the lower
part having been finished. The north
side Of the road was open to traffic
hat the south side was closed about
half way between Hartshorn's and
Sevall street. There was, however,
plenty Of room? for vehicles TO pass
on the north. side OF the street. After
turning his car around he started down
the northern side of Western avenue
until he reached the place where ne
could get across the track and he pro-
ceeded the remainder Of the way on
the right side Of the road. Mr.. Sken.
stated that he had seen the Packard
car coming towards him On the oppo-
ste side OF the road. When nearly OPP
poaite the Packard car swung around,
crossed the track and struck his car
On the left side.
As g result of the collision he re-
ceiyed injuries on the head and should
ers. which made him unconscious for
brief period. When he regained con
seriousness he found that ne had re-
ceived 4 bad cut on the left side 81
the head, where he had been thrown
against the top bow. His left ear ha
been split open and that evening ne
discovered that the drum OF that ear
, had been broken and since the acci-
cent he has not been able TO hear from
that ear. Before the accident he had
never had any trouble with his hear
ing. He stated that since the acct
dent he has had several headaches on
an average of two or three times q
week and before the accident he prac-
tically never mad headaches.
Mr.. Graham got out of the Pack
ard touring car after the collision, &C
ccrding to Mr.. Skene's testimony and
wanted to know if Mr.. Skene was in
jured. He told Mr. Skene to get in
touch with Mr.. Dunn the division sup
erintendent Of the L. A & W. Stree:
Railway at Augusta, and that he would
make it right with him (Mr. Skene).
Mr.. Graham gave Mr.. Skene his
Eame and address and then went off in
his automobile.
Mr. Skene> STATED that the injuries
kept him from attending to his bust
ness Of selling automobiles for about
two weeks, which meant considera bic
loss to him, as it was in the busy sea-
son. The doctors bills, he stated,
amounted to s22 Upon cross examina-
ton. he stated that the action was
first brought against Frank Sillman,
Jr. He told the story Of the accident
substantially as he had before, stat
ing that about the time Of the acct
dent be was driving about II miles an
hour and the Packard was going
about 40 miles an hour.
Attorney Ryder then read letter
from Mr.. Skene to Mr.. Graham
which stated the amount expended to
have the Ford car repaired. Mr.. Skene
testified that he did not at any time
turn into Sewall street; he was on
Western avenue at the time of the ac-
cident.
Fred E. Brown testified that he saw
the accident and his version of it was
substantially as told by Mr.. Skene.
Reuben Pullen, who was also near
by when the accident occurred. spoke
Of the positions of the two automobiles
after the collision and the damages to
IN Ford