Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-04-10
SUPERIOR court
The Case Of Fowler VS..
Kinds Opened

Kinds Opened
Plaintiff Seeks to Recover Damages
for Injuries He Alleges ne ~
ceived by Being Run Over by We
PENDANTS Acknowledgements TOT
Plaintiff in ReadfeId Case Hea'o
Monday
4 verdict Of s25 10 for the plaintil W.
returned by the jury at the TUESDAY
sion of the superior court II the case -
Ralph II. Wing of Readfield VS.. f'o"'"
j Rlaisdell OF Oakland, which WA
heard Monday afternoon.
The remainder of Tuesday sesSio"
wa, taken up With the SUIT OF r-dtie
Fowler, a boy under the age ol i
wears, brought by his next friend JACOB
NJ Fowler of Augusta. against Wiiilan
q. Kinds of Winthrop to recover TOT ~
| juries plaintiff claimed to have rcceN-
cd hy being knocked down and run over
| ~ the defendants automobile on Sept.
! 10, 1911, at a point nearly opposite the
| intersection OF 1tlN tlSih| bt'NS W
| North Belfast avenue in Augusta. John
| r. Nelson Of the law firm OF Andrews
| e. Nelson of Augusta was attorney TOT
| the plaintiff, and Leroy I. Carleton OF
Winthrop was counsel for the defend
ant.
/ In plaintiffs writ il was alleged that
Earle Fowler on Sept. T., lai. vas walk
ing across Riverside Drive and was
Knocked down and rum over by an au-
tomobilc carclessly operated by the de
PENDANT 1t was alleged that the auto
mobtlc was going at an excessive rate
Of speed and without warning ran over
! Tile boy fracturing his right ankle.
straining and brusrg the muscles and
| ligamcntS of tho right leg, decorating
the flesh of the right band, iniuring his
hips. bac ok and shoulders. ana that as =
result of the injuries the boy has sus-
tanned great physical and merry Gus shock
ana has suffered physical ANA mental
pain 1t was alleged THAT plaintiff will
crss,tinuc 50 10 suffer ana that as n re-
suit he Will be- made Il permanent Grip
pic. The al damnum was set at $1,000
Plaintiff Testifcs
The first witness in the case was the
plaintiff. Earle Fowler Of Augusta, who
testified that he is 10 years Of age. One
day last September he went to Mer-
rills store al PcttenSill Corner 20 get
two loaves Of bread. As he was cross
ing the road there an electric car
which had stopped by Turner's store
IVES Just starting up and he waited
for the car to go by towards Augusta.
lie heard no automobile horn lie was
run over by an automobile, hurting his
leg, back and hand. People gathered
around to help plaintiff and his brother
Arthur carried him home. Plaintiff said
he has suffered since then ana he can
not run and Hav as he used to on ac-
count If the pain
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/ 'ne po| w. ruh over "ilheSs ha" P'ch-
ca nun UP anu SCI nm GOWN at me
Slde 81 ne road. ne people came PACK
70 lhat spot from the autom"plie and
the man did not talk to him. The man,
however offered to take the boy 10 his
nome or 70 the hospital Witness tes-
tined that this man from the automo-
bile had later said: TO Ill VITA
him Let's get cut Of here" Then they
had gone off. Upon cross-examinatioa
witness estimated that the automobiI.,
was going . Or 50 miles an hour
Testimony regarding the hoy.s in
iur;cs yyas riycn ~. Dr N y Han,
h,eto, of ,nrr.t, ,,.n,, r,I ,,+ondo,
,ha hoy ,nl IN, pr coo,.ro y t,o,,,,
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1901 nu' - o"ulu ,'o' S'N "'e''ler OF