The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-05-16
Case of Howe Child Against
Railroad Begun in
County Court
CLAIM THAT BUSHES
OBSTRUCTED TRACK
Plaintiff Will Try to Show Bell Was
Not Rung Nor Whistle Blown-Tes-
timony Child Is Unlikely to Have
Permanent Teeth.

The Central Vermont Railway Co. is
again defendant in county court at
Newfane in a damage suit. an action
for damages Of $4,000 now being on
trial. 1t is the case of Marion Howe
Of BrOokline, three and a half wears
old, by her next friend. her father
Harry Howe, and is an action growing
out of railroad and automobile ac-
cldent IN West Townshend the morning
OF Sept. TO- 1915. Counsel in tbe caee
are Frank f. Barber and C. II. Miller
OF Brattleboro for the plaintiff and
John ". Redmond of Newport and
Charles f. Black Of st. Adams for the
railroad company
The child and her parents and
grandparents We're on their wav to
Londonderry at the time of the aeci
dent and their automobile was run into
on the West River branch passenger
/ train which left South Londonderry at
600 a. m. The machine was wrecked
and the occupants We're hurled in va
nous directions. For some davs the
child was in the Memorial hospital in
Bfattleboro in a serious condition.
After the jury was impanalled YES
terday afternoon, following the recess
/ - '3eAAANtetNt JdLIGS h9lE3F
BrattlebOro, civil engineer. was called
as witness. He told Of surveys and
measurements which he made al and
near the crossing where the collision
occurred. Benjamin F. Crown OF Brat
tleboro, photographer. testified as TO
/ photographs which he had made in the
same locality.
! BY these witnesses it was sought 10
+ show that the company allowed bushes
and small trees to grow between the
east rail of the track and the east
boundary OF the railroad right of wav
/ - feet from the track. in such a man
ner that the train could not be seen
by the driver Of the automobile. Her
pert II. Howe, grandfather of the
plaintiff. 1t is claimed that the ball
was not rung nor the whistle bloy,,'
and that the automobile party had no
warning Of the approach of the train
Medical witnesses We're examined
this forenoon. DR.. George r. Ander-
son OF BrattleboIo, the surgeon who
/ operated on the Howe child in the Ne
morlaI hospital, told of having re-.
moved broken fragments of her upper
Jaw and testified that seven of her
front teeth were knocked out and bar
face cut and bruised. sears from which
she now carries. He said that the
spongy substance which supported the
teeth was broken away and that he aid
not believe the child ever would have
permanent teeth there.
Dr. Fred Il. Newell of Brattleboro.
dentist. testified to having examina5
the child He testified that in his
opinion the child never would have
permanent teeth at the place of iniurv
and that if teeth ever grew there thev
would be irregular and deformed. he
SAID she could not wear artificial teeth
before she was y to 10 years old and
that how much she could use them
even then was problematieal. DR.. Al
Louis Pettee of Brattleboro, dentist For
the Howe family, testified along the
same lines, going more into detail.
Porter G. Thayer of South Newfane.
photographer, told of making photo.
graphs of the girls injuries after She
came from the hospital, which pictures
were exhibited.
The first witness this afternoon was
DR.. f. L. Osgood Of Townshend. who
was called to the scene of the accident
aud who has treated the girl since she
left the hospital
The medical testimony was taken
out of the usual order as some OF the
witnesses wished to be away.
Following are the names OF the Snrv-
men: Frank A. George OF ROCKING
ham, Russell IL. Braley Of Putnev. II
II. Burnett OF Brattleboro, George W.
shattuck of Londonderry, Il. L. Oiser of
Athens, Herman w. Brown OF Dover.
Jerome A. Amidon of Brattleboro,
John A. Bush of Westminster. c. T..
Ingram OF Marlboro, Charles w. Ladd
Of Rockingham, Deloss Ellison of
Rockingham and E. L. Pike of Wards.
horo
a damage suit brought by Mrs. Nora
Howe, the child s grandmother i
pending.