Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-01-17
SUPERIOR court
Verdict of $3.50 for Plaintiff Re-
turned in Case of Farnham VS..
Mitchell-Jury Gives Yer
dict of S225 for Plaintiff
in Case of Yeaton
VS.. Thomas

Verdicts for the plaintiffs were re-
turned by the juries in two cases at
Tuesdays session of the superior court.
In. the first case, that of Farnham VS..
Mitchell, the verdict was for 1888. a
motion for a new trial was filed by NJ.
Z. Sawtelle attorney for the defendant,
and was allowed.
In the other case. that of Roland c..
Yeaton of Winthrop VS.. Fred NJ Thorn
as of Winthrop. a verdict of $225 was
returned. And in this a motion for a
new trial was filed by l.. T. Carleton
of Winthrop, attorney for the defend
ant.
At the opening of the morning ses-
sion Judge Beane gave the charge to
the jury in the Farnham VS.. Mitchell
case, which had been heard Monday.
Yeaton VS.. Thomas
The next case before the court was
. that of Roland c. Yeaton of Winthrop
+ VS.. Fred NJ. Thomas Of Winthrop. an
action brought by Mrs. Ida Yeaton,
mother of Roland c. Yeaton, to recover
damages for injuries it is claimed the
boy received when he jumped from the
tiff claims that on September last at
the invitation of the defendant he got
into the defendants automobile and
rode beside the defendant. When the
car had passed by the home of the Yea
ton boy, according to the plaintiffs
claim, the defendant opened the door of
! the car and told the boy to jump out,
not stopping the car. And the plaintiff
claimed that acting in accordance with
the defendants order, he jumped from
the moving car and was thrown to the
ground with great force and violence
and received injuries. which We're the
direct result of the negligence of the
| defendant.
Samuel Titcomb of Augusta was
counsel for the plaintiff and Leroy T.
Carleton of Winthrop for the defendant.
Six witnesses were sworn for the plain
tiff.
Roland Yeaton. the plaintiff, a boy
nine years of age, testified that at the
invitation of the defendant he got into
the defendants automobile and when
the car had gone past the Yeaton home
in Winthrop the defendant opened the
door of the car and told him to jump
out, and he had Jumped. He said that
his arm hurt him and he went to see
DR.. Badger and it was three weeks be-
fore he could use his arm.
| Mrs. Ida Yeaton. mother of Roland,
testified that her husband is not living
! and that her family consists of six
small children. On tho day before stat
ed she saw Roland in the road and when
| he came in the house she motto, 4 that
| one Of his shoulders was lower than
the other and she judged that a bone
was broken. He slept well only when
she kept hot bags on him. He cried the
first day. Witness did not think Roland
can hear as well now on that side of
the head.
Upon cross exc noination by Attorney
Carleton Mrs. Yeaton said that she did
not see the accident. On the following
Monday she had taken the boy to see
the doctor. Witness on redirect ex-
animation said that Mr.. Thomas had
called at the house later and asked
how the boy was. She had answered
that he was well as could be expected.
And Mrs. Yeaton testified that he had
said the child should know how to
jump off an automobile if he could
jump off q truck team. Witness testi-
fed she had answered that she didn't
allow her child to jump from either,
and Mr.. Thomas had said he had not
expected the child to jump
Howard Yeaton, a brother of Roland
Yeaton, testified that he heard Mr..
Thomas say one day he was to blame
because he had opened the automobile
door and Mr.. Thomas had placed his
feet on the floor to show them how to
jump off teams.
Mrs. Linscott Yeaton of East VIM
throp testified that one day she had
said to Mr.. Thomas that the little boy
had his collar bone broken, and that
Mr.. Thomas had said that he had been
in a hurry, he was late and he had not
stopped the car
Miss Grace Yeaton of East Win
throp testified that she had heard the
defendant say he had opened the car
door and had told the boy to jump, and
the car was moving about 10 miles an
hour.
DR.. F. H. Badger of Winthrop tes-
titled he found the boy had green
stick fracture of the left collar bone,
a half fracture and half bend of the
bone. The doctor had treated the frac-
ture and had found it in good condi-
ton when he last examined it. He tes-
titled that there will be a noticeable
bunch over the collar bone for some
time but he said the shoulder will be
Just as useful as the other. The boy
had complained of some pain in the
left side of the head and that might