The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-05-26
The Motor Vehicle i'm Court

,
automobile did not proximately con-
tribute to the collision at a point
where the street crossed defend
ants railroad, it would not bar re-
sovery.-lls n. T. Qnd.) $50.
Damages Held Reasonable.-Ver-
dict of $1,000 in favor Of servant,
thrown from motor car, rendered
unconscious, cut and bruised about
the head and body, with his left leg
broken in two places, below the
knee and above the ankle, who Law
;on his back four and onehalf
months in the hospital, suffering
great pain and mental anguish, and
walked on crutches for one and one
hall months after leaving the hos
pital, was not eXceSSiye.-ZOO >. w.
CTeXas) 225.
Evidence in Prosecution for
THEFT Of Car.-Testimony Of the
owner Of a stolen car that he had
surgical instruments and papers in
the car at the time it was stolen,
and that he found some aof them
along the road where the automo-
bile was driven and recovered 9th
ers from parties who had found
them along such road, was admis
sible as tending to show the iden-
tity Of the stolen machine, and also
to cOrroborate defendants confes-
sion. as to the route he and others
went in the stolen machlne.-2OO ).
w. (TcxaS) l55.
Selling Automobile Tires. Under
Acts 1908, p. 200 section |, giving
wheelwrights a lien upon the prod
uct of their labor for labor per-
formed upon wagons, carriages, ETC..
and for all materials furnished by
them and used in such product or
repair, plaintiff engaged, i'll repair
ing automobiles and selling tires
was not entitled to a lien for tires
sold. services rendered i'll taking off
old tires or castings and putting on
new ones being merely an incident
of the business of selling tires not
constituting plaintiff a wheel
wright. 200 :. w. (Ark.) 273.
Repair of Automobic-Lien.-
Under Acts 1908. p. 200. section |,
providing that blacksmiths and
wheelwrights shall have an absolute
lien on the product of their labor
and upon all wagons. carriages. etc.
repaire1 by them for such work or
labor and for all materials furnished
by them and used in such product
or repairs. one engaged in repair
ing automobiles and furnishing ma
terias therefor was entitled to a lien
for repairs made for conditional
buycr OF an automobiles; the buyer
in possession in such case being
deemed the agent Of the conditional
seller for the purpose Of procuring
the rcpairs.-2OO :. W. tArk.) 27S.
Burden OF Proving Contributory
Negligence. In action for injury
to traveller at grade crossing. when
he drove on the track fifty feet
ahead Of an approaching train, ii was
error to refuse instruction that the
law recognizes that nerves and mus
cles are not so co-ordinated that
there can be instantaneous response,
and that it the automobile was sud
denly stopped on the track the jury
should not find for plaintiff. unless
he proved that in contemplation OF
the entire situation after the danger
became known to the motorman, or
ought to have been discovered by
him by the exercise of ordinary
care. he negligcntly failed to do
something which he had last clear .
chance to do to avoid the accident.
--04 $. f.. (NaD 100.
Liability of Owner and Surety
Where e. city ordinance. in effect,
provided that if iitney bus owners
servant put another man in his
place without authority from the
owner the owner should suffer for
such substitutes negligence, rather
than the passengers and public, and
required the owner to give bond. the .
owner of a iituey and the surct'- on
hi, bond were liable for injuries to .
"a pedestrian ON a sidewalk. injured .
bv the defective condition OF the .
bus when operated by the driver for
one who operated the car for the .
owner on percentage basis. with a
guarantee OF $3.50 a day. the ordi-
nance recurring the operation OF the
bus on certain schedules under pen