The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-05-26
VERDICT AGAINST
MEAD STANDS
Decision by Supreme Court
Overrules Defendants
Exceptions
JUDGMENT IN LOWER
COURT WAS $4,000
Action Was Brought to Recover Dam
ages Because of Death of Mrs. Kate
Stone Following Underpass Accident
Near South Deerfield.

Near South Deerfeld.
Exceptions taken by counsel for Barney
Z. Mead of Brattleboro, who has been in
Florida since last fall, are ovetruled by
the Vermont supreme court in an opinion
Just handed down in the case of Frank L.
Wellman, administrator of Kate Stones
estate, against Mr.. Mead. This means
that the verdict of $4,000 which the jury
returned for the plaintiff in the April.
1917, term Of the Windham county court,
stands
The administrator sought to recover
damages of 5000 for the accidental death
Of Mrs. Stone, claimed to have been
caused by the negligence of Mr. Mead.
who at the time of the alleged negligence
was operating garage here The acci-
dent happened Oct. 81, 1916, while Mrs.
Stone was riding as a passenger in an
automobile driven by Mr. Mead. Other
| passengers were Mrs. Stones husband,
| Bert IL. Stone, their daughter, Mrs. Hazel
Harrington, and the latter's husband Mr.
Mead had been hired by Mr. Stone to
go to Springfield, Mass, and they were
on their way home.
About mile below South Deerfeld,
Mass, between IL and u O'Clock at night,
MIR. Mead failed to negotiate a sharp
turn in the road properly and the auto
mobile collided with the stone abutment
of an underpass, wrecking the car and in
ficting injuries to Mrs. Stone from which
she died Dec 8
Mr.. Wellmsn brought suit through Bar
Der & BARRIERS office, while Chase & Chase
fand Gibson & Daley defended.
| The declaration charged negligence in
the operation of the automobile as the
proximate cause of the injury and count
ed on recovery under the law of Mas
sachusetts
At the close of the plaintiffs evidence
and at the close of all the evidence the
defendant moved for directed verdict
and to dismiss the action for want oil
, jurisdiction, but the motions were over.
:. ruled pro forma and exceptions were al
lowed 1t was claimed by the defense
that the Massachusetts statute was pen
al statute and not enforceable in the
, courts of Vermont
The supreme courts decree quotes many
decisions in other courts which are ap
plcable to this case, showing a tendency
of modern decisions toward broader
comfy in the enforcement of rights ere
ated by the legislature Of sister states
and it goes~into much detail in coverin.
i the various phases Of the case.
] At the time of rendering judgment il
, county court the court adjudged that tht
defendant ought to be confined in clos,
Jail. Objection was made By the defend
ant on the ground that it was not war
ranted by the evidence and that the cour
had no right, as a matter of law. t.
make such a finding upon the evidenc
! in the case and the pleadings He wa
: allowed an exception In regard to thi
i the supreme court says in its opinion
written by Judge Taylor:
: ''The presiding Judge certifes that tn
y finding was based wholly upon the evl
]: dence before the jury The transcrip
! is referred to and made controlling |
e discloses that the court had before it evi
q dence, viewed in the light most favorabl
II to the plaintiff, tending to show that tn
+ defendant, having sufficient intelligenc
q and experience to comprehend the pos
sible consequences of his act, though praC
d tically unacquainted with the road he wa
?. travelling. of his own volition and in vic
,e lation of the statute relating TO speed
II drove his automobile carrying four pas
IS sengers for hire, through fog SO thic
4 that, as the car was lighted, he could no
see more than seven feet ahead, at tn
y rate of 35 to 40 miles an hour, over
?. wet and slippery macadam road, bein
ir fully aware of the danger from skiddin
if the brakes were suddenly applied.
1t '.With evidence of such reckless an
Al wanton disregard for the safety Of hi
le passengers before it, it is idle to say tha
$. the court was not warranted in grantin
V, a close Jail certificate"
el