Norwich bulletin., 1916-03-15
MATTERS INTERESTING WESTERLY
Thomas Against Amos S. Burcck and Mrs Katherine v.
r. Welch-Plaintif Struck by Defendants Car.

When the superior court for Wash
ington county convened at Westerly |
Tuesday morning the case called for |
trial was that of Ida A. Thomas Of
Hopkinton against Amos S. Burdick |
and Mrs. Katherine V. r. WEIGH of |
| Westerly. Miss Thomas seeks to re- |
cover $4,000 damages for alleged in |
juries received by being struck by an |
automobile driven by Mr.. Burdick, |
who was acting as agent for Mrs. |
| WEIGH. Miss Thomas claims that her |
right wrist was fractured and per- |
manently injured and that she was cut |
! and bruised in the arms, head and
| body, and received such a shock to
| her nervous system that she is unable
| to continue her business as milliner
and hair dresser. The alleged acct
| dent is claimed to be due to the care
| lessness of Mr.. Burdick, and occurred
in front of the passenger station of
the New York, New Haven and Hart
ford Railroad company, Aug. 4, 1915.
Attorney Herbert w. Rathbun, of
| counsel for defence, made motion that
the Judge and jury view the premises
and the motion was granted. John ].
Dunn is associated with Mr. Rathbun
as counsel for defendants and Clar-
ence E. Roche represents the plain
tiff.
The jurors selected for this case
are: George A. Ogston, James o. Bah
cock, Frederick c. Buffum, Way1and
A.. Chapman. of Westerly; Isaac G.
Grinnell Edward R. Pierce, Arthur
W. steadn1an, South Kingstown; John
Maglone, John c. Northrop. North
Kingstown; John Hopkins, Richmond;
Frank E. Bliven, Charlestown; Charles
G. Champlin, Narragansett.
Ida A. Thomas, the complainant.
was the first witness and testified
that she arrived in Westerly on the
$40 car from Ashaway. She alighted
from the car nearly opposite the rail-
way station, raised her umbrella and
started for the express Office. She
could see no automobile in sight.
When in the driveway she was struck,
knocked down and injured by the
automobile driven by Burdick and rem
dered unconscious. DR.. Crandall ac-
companied her home. She was at
tended by two nurses. Her wrist was
broken, face and neck bruised and
she said she was completely covered
with bruises and she was in such
pain that she could not sleep for two
) weeks. She had one nurse, Mrs. Stew
ems, her sister, for five weeks, and
Mrs. Henry Barnes for three weeks.
She was in the middle of the drive
l way in front of the express office
when she was struck by the left front
wheel of the automobile and it run
over her. The automobile went about
seventy five feet before it stopped
= | L
warning given She was taken into
the railway station and attended by
DR.. Crandall. She had a talk with
Mr.. Burdick in the station and he
said he would call and see her about
the accident later, but he never did.
r Miss Thomas testified she had been
r in business seven years in Westerly,
, and just before the accident her week
! ly net earnings were about SIS a week
a n har
n business since. In September, the
o 14th, she tried to work, but could do
l, but very little, and could do hardly
d ! any work now. Her wrist was still
: sore and panied her at intervals. She
= | suffered pain from her other injuries
= for about two weeks. She is indebted
n to her sister, Mrs. Stevens for five
+ weeks at S25 a week, and Mrs. Barnes
+ for three weeks at SIS week She
2 was compelled to give up her business,
I closing it out Nov. /. DR.. Crandall
e treated her from Aug. to the pres
d ent time. The automobile that struck
a her was owned by Mr.. Burdick, that
Q is, he was the driver, but it was owned
: bv Mrs. WEIGH, she said. The regis
h tered number was 10,39o.
e Counsel for defense did not con-
: cede that the automobile was owned
by Mrs. Welch, when questioned by
T Mr.. Roche.
n Miss Thomas, continuing, testified
" that DR.. Crandall's bill was about
s.. 800. At time of accident witness
/; weighed 100 pounds and afterwards
e weighed 50 pounds. She was strong
d before the accident happened.
Il The story she told at the opening
" was written out and she read it care.
n fully, she said in reply to queries from
s Attorney Rathbun. Her memory
t. she said, was not affected by the ac,
lie cident. She went to the express of.
IIf fee that morning before going to he,
o place Of business. A severe storm
h of rain prevailed and she carried al
lie open umbrella. She got off the ca
Or on the side nearest the station. I
q, was a driving rain, but did not inter
ie fere with her vision. She could no
n tell how many automobiles were II
waiting at the station. near the bag
of gage room. She saw no machine
coming in or out of the driveway. Sh
was of the opinion the wind wa
northeast, and the rain storm wa
very severe. She held the umbre1l
low, to shield her head, but she coul
n see all right, and walked at her usua
s. gait. 1t was very severe storm. Sh
of might have changed the position {
the umbrella trif1e from the time sh
re-. left the trolley car until she wa
re struck, to protect her face from tn
t. driving rain, but she could see aheat
n She did not see the Burdick auto
to mobile until it was within five feet
IS her, and at that time she was in tn
,re middle Of the driveway. She was pos
ms tive she saw the machine before
a struck her and that it was comm
n from the direction of the baggae
le- room. If she had stood still when 81
me saw the machine five feet away, 81
Zee might not have been struck, she sal
&c She hesitated for a moment when 81
ice saw the automobile, stood still, ar
then started for the express office ar
was struck by the left forward whee
She tried to get ocross to the expre
To- office before the automobile wou
ent reaCh ner.
The AT THIS point, Miss Thomas con
ain planned Of feeling sick, and the cou
re- took a recess for ten minutes
Containing her GROSS exan1inati,