Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-04-11
SUPERIOR COURT
Verdict for Plaintiff in
Automobile Case
Jury Awards Plaintiff $5e3 in the Case
Of Fowler VS.. Hinds-Case Of Stod.
dard VS.. Sporie Opened Wednesday
Afternoon-CririnaI Trials Will
Beuin Friday

| The jury returned verdict of $5gS
! Cor the plaintiff in the case Of Earle
Fowler of Augusta Us. William G.
| Kinds of Winthrop at the Wednes-
| day session Of the superior court.
The jury's deliberations upon the
! case lasted about an hour.
The last civil case which will come
| before the court this term was open
I ed in the afternoon that of e. 4.
Stoddard of Belgrade VS.. W. r.
Sporie Of Durham. Ralph W. Farrls
Of the law Office Of Andrews & Nell
son, appeared as counsel for the
plaintiff and Thomas Leigh of Au-
gusta for the defendant.
The plaintiff claims damages in
the sum of $1,000 for injuries he
claims he received by being assault
ed by the defendant en- Dec. last
at Manchester. The case will be re-
sumed this morning.
The trial of criminal cases will be
commenced Friday morning.
Kinds VS.. Fowler Case Resumed
The defendant. William c. Kinds.
in the case Of Fowler VS. Kinds. re-
sumed his testimony at the opening
of the Wednesday session and stated
that he did not hear the brother If
the plaintiff ask him to call at the
house as he went along. He did not
remember of Josiah Ellis remarkiny
that he ought to be ashamed of HIM
self driving at that rate of speed.
Upon crcSs-exa by Attof-
lrey Nelson, defendant stated that he
is not a pretty fast driver and that
he never drove - miles an hour. He
was the driver upon the trip to the
Watcrville fair on the day the acct
dent occurred. The top Of the car
was up and there were no side cur
t&ins, so he had q good view on Ill
sides. He saw the boy across the
street 200 or 400 feet from the cross
ing ana the boy was standing there
by the electric car below the cross
ing. Defendant had been driving 10 or
II miles an hour and when he came to
the crossing he sounded the horn and
slowed the automobile. The automo
bile was going within four feet of the
right hand side of the rOad. The boys
had backed right up into the car 60
ing against the mudguard and under
the car. Defendant had not told at
/ the time of the accident that the boy
ran under the car and that the car
was going only six or seven miles
per hour, but he remembered thai
Mr. Ellis had made some talk at the
time about the automobile taking up
the whole road, or talk along that
line.
| Testimony to the effect that the
boy stood upon his feet and took
three or four steps after the accident
was given by Warren d. Johnson and
Willis II. Charles Of Augusta, en-
ployes of the Lewiston. Augusta &
Waterville Street Railway. who were
on The electric car that stopped At
FettengirS Corner about the time
iof the accident.
The other witnesses for the defense
were Harold Kinds of Winthrop, Mrs.
Maud Shaw Of Rcadfield and Mrs. ).
j. Campbell of Brooklyn, \. Y. VIII"
were in the automobile driven by the
defendant.
Harold Kinds. nephew Of the de-
PENDANT, testified that William Kinds
slowed down the automobile and
sounded the horn as he approached
the crossing AT PcttengilrS Corner.
And he testified that the boy sided
backwards, hit the mudguard of the
automobile and was knocked down.