The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-07-24
Trial for Damages for In
juries to Colt Runs -
Into Evening
SCENE OF ACCIDENT
WAS IN DISPUTE

pert and His Testimony is Ruled Out
Defendant Claimed Colt Kicked
Passing Automobile.
For running into Fred III. Coombs's
two-year-old Morgan colt with an auto
mobile and breaking one hind leg last
December, near the Brattleboro-Guil-
ford town line, resulting in the killiag
of the animal, verdict of sl45 against
John Hanks of this village was returned
last evening by the jury which had
devoted all day to the case.
The story of the trial Of the case,
published in The Reformer yesterday,
covered the evidence up to the noon re-
cess, the plaintiff then being on the wit
ness stand. He had testified that he w,z
on the Hill north of the watering trough
by the Weatherhead place when Hanks
and passengers came along and failed to
turn out except for about six inehes, the.
ear striking the colt on the gambrs
joint.
In the afternoon the plaintiff wss ex-
amined as to the expense of caring for
the colt, and then Clyde Coombs, bro
ther of the plaintiff, was called.
Clyde Coombs corroborated his bro
ther as to the measurement of tracks in
the snow where the damage occurred.
and he and William Martin Of Guilford
testified as to the animals value.
The defense then called the defend
ant, Hanks, as witness. He said he
and some passengers were on their way
to Greenfield, Mass, when they met
Coombs, whom he said was leading the
colt and walking on the right hand side
of the animal. He said he was driving
his car eight or nine miles an hour and
turned his car as far to the right as he
could but that the colt wheeled and
kicked the car, both feet hitting the
mud guard.
Hanks said he did not stop, but
looked around and saw the colt walking
along all right. The witness denied that
the scene of the accident was where
Coombs placed it, but said it was about
four rods south Of the watering trough.
All the defense witnesses who were in
the car fixed the location at a point
south of the trough. They were Charles
f. Hutchinson of Greenfield, Ray Howe
of Greenfield and Lewis A. Pratt OF
Mt. Hermon. All told the same story,
to the effect that the ear turned out.
that the colt swung around and kicked
and that the men in the ear dueked to
prevent being hit.
Hutchinson testified that he looked
| around and watched the colt four or
five minutes. Some of those in the
courtroom wondered just how far away
| the car, which did not stop, had taken
him at the end of the period. At one
1 -. - Iv II
Hutchinson question the witness. not
being quite sure of the attorney s mean.
| ing, inquired: "When he struck the
coltf" which caused smile in the
| courtroom.
Perley Plant of Brattleboro testified
that he and Hanks went 10 Guilford a
few days after the accident to see the
colt and found him cast in box stall.
!, Daniel M. Brosnahan of Brattleboro
| was called by the defense to testify as
TO his examination Of the gambrel joint,
which was exhibited in court. Before
counsel had had opportunity to qualify
him as an expert he insisted on stating
that the bone was not broken. and he
finally was dismissed and his testimony
stricken out as not competent.
Mr.. Coombs, being called again. de-
1
of the colt, but testified that all the
time he was leading the animal on the
left side
1t was nearly 8 clock when the tak.
ing of testimony was completed, and
after fve-minute recess the court linn
tied the arguments of the plaintiffs at
torneys to 80 minutes and the defend
ant s attorney to 90 minutes Attorney
, 0. b. Hughes took Is minutes in open
ing. Then Attorney F. E. Barber argued
20 minutes for the defense. and Attor-
! ney Charles s. Chase used the remaining
/ IL minutes to hammer home the point
that in the wide divergence of state
ments of the PLAINTIFF and defendant as
to where this accident happened, one or
! the other had lied.
+ The court took about 90 minutes 10
charge the jury and appointed Henry F.
, Jordan foreman. and soon after :
! clock. after being out about 20 min
utes, the jury returned verdict for
, Mr. Coombs to recover S145. The plain
, tiff had asked for 5000
Mr.. Coombs is a rural letter carrier
and Mr.. Hanks is an expressman and
runs public automobile.