Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-03-29
STORIES DO NOT AGREE.
Varying Testimony introduced in Trial
Of Automobile Case.

Of Automobile Case.
The plaintiff in the case Of H. r. Jarvis
vs.. the Military Post Street Railway COM
pany. being tried by jury in county court,
succeeded in completing putting in his evil
dence yesterday and a motion on the part
OF the railway company for a verdict was
overruled by the court. The defense will
start it's side of the case this morning.
The motion for a verdict was made for
the defendant company by r. E. Brown
on the grounds that the testimony as put
in by the plaintiff tended to show contrib
utory negligence on the part of the driver
Of the automobile which was struck by
the electric car.
The plaintiff introduced several wit
nesses yesterday. Peter Brunell. motor
man on the car which struck the automo-
bile. was called and testified that he had
run over the road for two years. The
brakes on the car were working finely on
the night Of the accident. The car was
being run 70 as to be stopped suddenly.
which was done when the automobile was
hit. He didn't know anyone was thrown
out. Brunell testified that after the ma
chine had been hit. he. with the conduc-
tor and others congregated there. pushed
the damaged machine to the opposite. or
north side of the road. When the collision
occurred there was no power being used
on the electric car and the gong was
sounded when approaching the dangerous
Hoods crossing.
Fred II. Jarvis. who was driving the au-
tomobile on the night Of the accident. tes-
titled that in 1915. at the time the accident
occurred. he was driving the car nights
for his brother. the plaintiff in the case
On the particular night of the accident he
had taken the car for a pleasure ride and
with George Wiley had gone to Winooski
met two girls and taken them to this city
and back again. The car had not run
right since he took it from the garage.
skipping and stopping once in Winooski
before the accident. The car. while being
driven towards the spot of the accident.
was running badly and when the front
wheels got into the car track the motor
stalled. He got out of the machine and
gave the carburetor a quarter turn.
cranked the engine. which started. At
the same time Marjorie Bastard. the girl
who was riding on the front seat with
him, told him an electric car was COM
ing. He attempted to push the car from
the track, but because the emergency
brake had been set by him. he was un-
able to move it. The electric car hit
the machine and threw it across the
road, Miss Bastard being thrown out on
to the ground. He did not see anyone
push the car across the street, the car
being thrown there by the collision.
On cross-examination Jarvis stated that
he put on the emergency brake to keep
the car from backing after the engine
had stalled. He did not try to push the
car from the track until he saw the cleo
trio car coming and he did not ask Wiley
to get out and help him to push the car
from the track nor did he ask anyone to
get out OF the machine and watch for an
approaching electric car. He had driven
machine several months for his brother.
II. F. Jarvis. the plaintiff in the case.
testified that he had purchased the car
but a short time before the accident and
had had 1t put In first-class condition by
putting in new parts and repairing 1t gen.
orally.
The story as told by Wiley and Miss
Bastard, who were also witnesses called
by the plaintiff. agreed except that the
boy thought that the night he was out
with the girls and Jarvis was the first
time he had met the girls. while Miss
Bastard was of the opinion that they
had met several times. Miss Bastard
thought she was standing when the COL
lision occurred and Wiley did not see her
when she was thrown out.
Joseph Jarvis. who went to the scene
of the accident to haul the damaged car
to this city for his brother. testified as
to the damage done tho car and as to its