Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-04-11
SUPERIOR COURT
Heath VS.. Lemieux Automobile
Case Opens Monday-Will Be
Resumed Today-Contains
Much Local Interest

Resumed Today-Contains
Much Local Interest
The superior court was occupied
Monday with the cases of Heath VS..
LemieuX in which Mrs. Laura S.
Heath, widow of the Hon Herbert NJ
Heath of this city, and her sons, Her.
bert NJ. and Gardner K, bring action
against David LemieuX of Lewiston.
The case grew out Of an automobile
accident which occurred Oct. 1, 1915,
at Morang's crossing on the line Of the
Electric road to Winthrop. Mrs. Heath
the plaintiff in the first action, alleges
that the automobile owned by the de-
PENDANT and driven carelessly and neg
ligently and at an excessive and illegal
rate of speed crashed into the Buick
car owned by her with such force and
violence that her car was broken. dam
aged, destroyed and made unfit for USE
The ad damnum in this action is placed
at $1,000.
The Heath car was driven by one Of
the sons Of Mrs. Heath, Herbert M.
Heath, while another son, Gardner.
was an occupant of the automobile
In each of their suits the ad damnum
is placed at 5000 for the injuries re-
ceived by them. due, they claim, to the
negligence Of the defendant.
Gardner K. Heath alleges that he
received a severe bruise on the head,
severe bruise to the right knee. severe
injury to one of the ribs on the left side
Of his body and severe shaking up.
Herbert M. Heath claims that he re-
ceived a severe cut on the left side of
the nose, a severe bruise under the
left eye, severe bruises and Commissions
on both legs and a severe shaking up.
The three actions are being tried, as
one case. Andrews & Nelson of Angus
TIA are the attorneys for the plaintiff
and McGillicuddy & Morey of Lewiston
and ]. G. Chabot Of Lewiston are
counsel for the defendant. The case
will be resumed at the opening Of court
this morning.
State VS.. George r. Tracey
In the case of the State VS.. George
r. Tracey of Augusta, charged by in
dictment with embezzlement, additional
bail of $500 was furnished for a con-
tinuance to the September term. The
bondsmen were Michael Burns and
Maude Tracey. Attorney B. F. Maher
appeared for Mr.. Tracey.
Heath VS.. Lemieux
At the opening of the case Fred Q.
Boynton of Augusta, a member of the
jury, was challenged and his place was
filled by Dana A. Wilkins of Windsor.
Mrs. Laura s. Heath Of Augusta, the
plaintiff in the first action, testified that
on Oct. l, 1915. she owned the Buick car
which was damaged in the collision and
she identified the registration of the au-
tomobile. She considered the value of
the car on the day Of the accident before
it was injured $1,000, but after the accident
it was Of little value according to her
testimony. she having sold it for $780,
Under cross-examination by Attorney
Morey she testified that in July, 1914, she
had paid $3.50 for the automobile. She
considered the car nearly as good as the
day she bought it but she did not know
what she would have been able to get for
the car second hand. She had purchased
the car for her own pleasure and the
pleasure of the family. Witness gave tes-
timony of her son receiving medical
treatment after the accident Herbert
was not confined to the bed but Gardner
was up and down.
Archie G. Norcross, city engineer OF
Augusta, explained plans which he had
made Of the place of the accident. r.
James Norman of Augusta, photo
grapher testified that at the request OF
Mr.. Andrews on the day of the accident
he took pictures of the situations and he
identified the pictures.
The members Of the jury with the at
torneys left on a special car at P. NJ
for Morang's crossing, where they view
ed the scene Of the accident. returning
shortly before 2 o'clock.
Afternoon Session
At the opening Of the afternoon SEES
sion Herbert NJ. Heath took the stand
He testified that he is now employed al
Worcester, Mass. but on Oct. i, 1915, he
was living with his mother in this city.
His mothers car was a Buick six OF
the 1914 model. a touring car. weighing
about $500 pounds. It was purchased in
July. 1914 Witness identified the opera
tors license. On Oct. /. 1915, he and his
brother Gardner were sitting on the piaz-
"a of the house when they noticed smoke
in the vicinity Of Gannett's woods Sc
| they took the automobile to investigate
the cause. They soon saw that the fire
| was not in Gannett's woods but was to-
wards the Hallowell quarry. According
to the testimony. when he was by the
White house he was keeping the car
close to his side Of the road on account
Of the roughness of the macadam and he
kept to the north side Of the road until
the car was struck by tho Lemieux car.
The car he was driving was going
only eight or nine miles an hour. He
| estimated that the Lemieux car was
going 40 or SO miles an hour and it did