The Canon City record with which is consolidated the Canon City cannon., 1916-05-04
MRS. M'KINNON
WAS AWARDED
BIG DAMAGES


noon in the district ecu tasairst the
town of East Ca-on fer damages in
khe sum OF three ths US nj dol ars in
consequence of injuries resulting from
being thrown from her buggy on Aug.
IL. 1915. while driving on Reynolds
avenue was concl at s O'Clock on
Tuesday night when the jury agreed
upon verdict of $1,000 for the lin
tLff. Court was convened at $50
o'clock and tie report of the jury re-
ceived, after which $ members were
dis.har, ed. Fxcep ions to the YER
dict were noted by attorneys for the
defendant and I've days allowed them
in which TO file a motion for a new
trial.
This case was called for hearing
before Judge Cooper at 10 O'Clock
Monday morning with General Maupiu
and Jud Ibbotson as attorneys for
the plaintiff and wa'do. Hunter &
Thomas as counsel for the defendant.
The proceeding attracted much at
tention and a l'rge number OF peo-
watch its rrogre and hear the tes.
t.mony OF the wi nfs e, CT which a
large nusnher Tad teen subpoenaed by
both parties {, the cont -oversy. +.
L Arthur. cle-g Of the district court
ga cle;k of Elft crn-n. was first
called to the stand to test fy as to the
serving OF notice OF suit on the defen-
dant hy the plaintiff and was s1cceed-
ed by the following Witnesses: Ralph
y, Milton. Mrs. McKinron. the plain
i'm. Mrs. Gecr +. Brig mot er OF
the plain.in. Mrs. Myrtle Hartford and
Mrs. Ace NJ Brewer sisters OF the
fla ntiff: s. w. Hoserton. IoseIh h
claybaugh. J. c. Tooms, W. +. notY.
ISr. c. n. Wilkinson. rr. c. n. Graves.
Dr. W. r. Lite. J. J. Ashonaurst.
mayor of Fast Canon. William Cod
ding. Prof ). C. cuihbert. John shaw.
Jr.. T.. S. Noo-e. Artiivr \. oraneo n
aud ". II. Collins. The last nine Wit
res - apr cared TO- TIE defn nt.
pbe others for the plaintiff
Aiorbeys for The p'ai tn rested
ter 4 SC 20 d y sfte noon and the
defense finished the SUI mission of iti
evidence at II o. lock Tuesday m rn-
ing when q re css was tiken by the
cunGt until . o'clJek the followirg ar
ie noon for the purpose OF making a
visit Of inspection 10 the scene OF the
atcident on RRynolts avenue whore
AIRS. McKinnon was burt. Ar unen'
anf the clre WAS tegtn n t'e re-lsscui
N.spE OF court Tnssd y ternoon and
continued un;il ; OIL ek when the
case was given to the Try fer deliter-
alton. Two hours later the bail q
In at:eadarce On the jury announce
aiiat we'd Ct had Keen AK eed upon
ard that the jl'y WIS ready 10 rerori
It's findings to tie court.
Mrs. McKinnon alleged In her com
.plaint a-ainst the defen amt that
While driving in brg;y on Reynolds
avenue on tic Gle enth day o. last
SHspnt she turned out o the ma n
gnwss 10 u ss vag nj in do
ing 20 the VII oi OF tie vehicle
al ped into noe in the -oad that
was obscured hy growth of grass
aad weeds and that Sc was thrown
out with Ere,t violence as a result
and sustained i1jur es TO he arm and
shoulder from which she has never
recovered. The wounes ret eiyei nj
ihrt time. she co nded. had caused
her great pain and suffering and doubt
was expressed as 20 whetf er cure OF
her injuries co Id ever be effected.
The conn Ia Mt stated that her arm
was broken and the shoulder fracture
by the accident aith 1ugh an exami'
na,ion OF her injuries by means OF an
X.rsy mschine fai ed to e-tabl sh the
allegation. Mrs McKinnon ser ed
Shat the ac-'d srt q which she had
been the victim wo nd not have hap
pened II the town authorities of East
Canon had not been negli gent in the
,csre and condition of the roadway on
,iAaynolds avenue AMI suit fer damages
SNas insti u:ed on tie ground of their
cGlrability in the matte. The defense
was condnc ed on the theory CT cen
tr butory negligence on the part o.
5the plaintiff.
The trial jury was com. osed of J.
J. Brown. Canon City: W. c. Wallen,
Coaidale; Eugene Beck, Penrose; l..
~. Bancroft, Canon city: Carl J. Cole
man. Eight Mile Park; Clyde L. Far