The Barre daily times. (Barre, Vt.) 1897-1959, 1916-04-12
Was Point introduced by
Defense in the Rich
Cross Suit
CALLED DANGEROUS
EVEN IF SMOOTH
$4,000 Suit for Death of
Mrs. Rich in Auto Acct
dent Nearly Ended

That Mortified street in Montpelier
near the Kingsbury farm, where The
) Cross automobile accident occurred last
summer, was dangerous because of mar
rowness at that point and the existence
of ruts from one to three inches thick
was point brought out by two wit.
Inesses for the defense who testified to.
day in Washington county court in the
Seth G, Rich VS.. George Cross case.
William Pervier and his father, Charles
Pervier both OF Northfield, told of driy-
ing along that particular piece of road
the day preceding and the day of the
accident and described the condition OF
the road. The former said that he had
noticed the ruts, which were from one to
three inches deep, and extended across
the ravine. He had stopped his machine
| in one instance at that point on meet
| ing machine because be was afraid to
pass it at that point
The road was barely wide enough for
autos to meet, he testified on direct ex-
animation. On cross. examination he ad-
mitted the rnts could easily be seen by
anyone exercising ordinary care in driv.
ilfS q UthALilts I1t diHO dul1iLLch LItdb
at night with headlights in good working
order that the ruts would be even more
distinct. If the night was foggy the
road could not be seen as well and he
testified as to his experience with fog
pockets.
Charles Pervier said that he considered
the place in question dangerous even il
the road was smooth instead of having
ruts
Robert Mayo. son Of DR.. w. b. Mayo.
and Vivian Morton. both of whom were
in party which had been in Barre on
the night of the accident, told Of stop
ping at the place of the accident on the
return trip to Northfield and they placed
the time at IL 80 o'clock. They offered
to help Mr.. Cross and his party. At that
time Mrs. Rich had been removed to the
hospital and the only persons there were
Mr.. Cross and Mr. Hutchins and per-
son whom they did not know. They did I
not notice any indications that Mr. Cross
was under the influence of liquor
Their testimony regarding the posi-
ton of the ear relative to the rock in the !
field differed with that offered by the
plaintiff, each witness insisting that the
front wheel of the car rested upon the
rock rather than being on one side Of it
With the running board straddling il
Manager J. K. Rabidou of the Cross
Bros. garage told OF being summoned
% the scene of the accident by telephone
md he carried, as a passenger from
Northfeld, Mr. Rich They stopped but
few moments at the scene on their way
md then proceeded to the hospital, ghere
ninl, fol. ., !
II stop was made and later two en- J
,loyes OF the Cross garage We're carried
o the scene and in- ulctrl t. pun the
amaged car back into the road. Mr..
Sabidou described the damage done 10
he machine his description tallying al
lost exactly with those offered by wit
esses for the plaintiff.
Miss Evelyn Mccarthy. who was EN-
loyed in the Ritch bakery at Northield,
estifled that Mrs. Rich had told her Of
er troubles with her husband. and the !,
illness said that the two were quarrel !
" almost al the time On cross exam ]
iation Miss Mccarthy said that Mr.. !
ch had been Kind to his wife and APP j
arently tried to regain her affections !
nd to get her to stop going about with !,
rank Hutchins. Mr. Rich told the wit :,
ass that she didn't like Slr. Cross, but i
ould not turn down any invitation II
ON him to 90 on automobile rides I,
b. l., Spooner OF Montpelier testified a
lat he took party, including DIR. Hark- L
,ss. to the scene Of the accident the 81
ght it occurred. He said he talked in
ith Cross at the time and did not think O.
.oss was intoxicated The witness told AZ
offering to buy the Automobile just
it stood and Cross replied that it was JC
time to talk about trade. The wit fr
SIS also described the condition of the il
r. or