Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1915-12-03
sTERNER VS.. SMITH
Brief Statement Facts Disclosed.
Jurymen Differed Widely.
Another Trial.

COuII hClu III OAiAo NAoJS S"~
around which the most interest
centered was the action for dam
ages growing out of an injury to
Mrs. Laura B. Sterner caused by
her horse becoming frightened
at Smiths automobile last April
and overturning the buggy in
which Mrs. Sterner was riding
near her home near Mike. Mrs.
Sterner's leg was broken as a re-
suit of the accident, near the
ankle joint, and the physicians
who testified at the trial told the
jury that she would probably be
lame the remainder of her life.
The question for the jury to
decide from the evidence was
whether or not Mr.. Smith had
been negligent in handling his
car on the occasion referred to.
Mrs. Sterner testified that when
she first saw the machine it was
two hundred and fifty feet away,
going over the top of the hill
which she was ascending. She
said that she waved her hand to
warn the driver of the car to
stop the machine in order to pre-
vent frightening the horse, and
according to her version. the ma
chine failed to stop and the
horse, after proceeding about so
feet, became terrified and whirl-
ed across the road, upsetting the
buggy. Her daughter, Miss Bes-
sic Steruer, who was in the bug
gy anG her nephew, Charlie
Sterner who was also in the bug
gy and driving the horse, testi-
fled to about the same state of
facts, the. only difference being
in some of the minor details.
Mrs. Sterner also said that the
horse showed signs of fright
from the time the car came in
sight and until the buggy was
overturned.
Mr.. J. H. Smith, who lives
south of Mike and is the defend
ant in the case, testified that he
was driving his car south at the
time of the accident at a rate of
speed not exceeding twelve
miles an hour, and that when he
reached the top of the hill refer
red to by Mrs. Sterner, he saw
the horse coming toward him
but was giving no evidence Of
fright until he suddenly whirled
in the road; that before the horse
displayed any signs of nervous
ness, Miss Bessie Sterner jump.
ed from the buggy and went to
the horses head, and at the mo-
ment Miss Bessie began to alight
from the buggy, he stopped the
car and killed the engine. MIR.
Smith was very positive in his
statement chat no signal was
given by any occupant of the
buggy from the time the vehicle
first came into his sight. Mr..
Smiths statement was verified
by four occupants of the car,
Will Smith, Chas. Ashley. Henry
Cowser and Mrs. Jas. Robertson,
and at the time of the unfortun.
ate episode, two little girls about
thirteen years old, Misses Lentz
and Minick, were going in the
same direction and about 800 feet
behind the buggy in which Mrs.
Sterner was riding. Both test.
fed for the defendant and tolC
the jury that they saw no sigma
from Mrs. Sterner and saw nc
signs of fright on the part Of
the horse until at the moment he
turned across the road, that Mr..
Smith had stopped his car I'M,
meditely the horse showed sign;
Of fright.
There was some dispute as Il
the distance between the car anC
horse at the time the car was
stopped, witnesses for Mrs
Sterner fixing the distance as
about 80 feet while the witnesses