Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1919-07-25
VERDICT OF $I45
AGAINST HANKS
Suit for Damages to Colt Runs
Into Evening
Scene of Accident Was in Dispute-De-
PENDANT Claimed Colt Kicked Passing
Automobile.

Automobile.
| Whether John Hanks q automobile ran
into and broke one Of the legs of Fred
II. Coombs s Morgan colt near the Gull
ford Brattleboro town line last Decem.
Der was a question concerning which
evidence was taken Wednesday before
Judge A. L. Cudworth and jury of 10
men in the municipal court. The jury
decided in the affirmative and awarded
Mr.. Coombs $l45.
The case was begun that morning
about IL O'Clock, after a delay of an
hour and half because of the absence
of the sheriff and three jurymen who
said the notices which were mailed to
them summoning them to court had not
been received
Finally the case got under way with
Attorney o. B. Hughes of Chase 6
Chase for the plaintiff and Attorney
Frank f. Barber of Barber, Barber &c
Miller for the defendant, and these
jurymen:
! J. G. Armand of Dummerston and G.
M. Tubbs, John F. Fitzgerald, Arthur
d. Wyatt, Charles w. Richardson, Har-
ry r. Randall John l.. Lawton, Henry
F. Jordan, Alison j. Dugan, John l..
Stewart, Robert f. Burnham and Wal
ter F. Goddard of Brattleboro.
The plaintiff sought to recover the
value of the colt, which, after the plain
tiff had been allowed to amend the COM
plant, was put at $175
In an opening statement to the jury
Attorney Hughes said that the plaintiff
would attempt to show that on Dec. Is,
1918, Mr.. Coombs, who is one of the
rural laftar on rriarc wont m tho Cnophc
barn in Guilford and started back lead
ing the colt; that he met Mr.. Hanks in
the latter S automobile; that the auto
mobile did not turn out and while run
) ming at 25 miles an hour struck the colt
in one of the hind legs, breaking the
: bone, as a result of which it was neces-
, sary to kill the colt after trying Ave
a or six weeks to save it's life.
q Attorney Barber stated that to all
the issues the defendant said he was
) not guilty. -
y Mr.. Coombs was called and was on
n the stand all the rest of the forenoon.
e He testified in substance as Attorney
4 Hughes had outlined. He said he led
the colt to the side of the road and
!. that the car tracks in the snow showed
that the extreme distance that the car
turned out for a distance of two rods
was six inches He said Mr. Hanks
did not stop to see what damage had
been done.
The witness said the colt g left leg
was a step in front of the right one and
that the car struck the right leg on the
inside, skidding the leg along in the
snow. The colt thereafter went on three
legs and was led back to the barn.
AS an exhibit in the case the plaintiff
: introduced the gambrel joint with sec
ton of bone above and below and
pointed out where it was claimed the
bone had been broken.
On cross examination by Attorney
Barber Mr.. Coombs denied that the colt
kicked at the car as it passed by. He
also said that he stood on the left side
of the colt s head and that had he been
, on the other side he would have been
on the wrong side.
In the afternoon the plaintiff was ex-
: amined as to the expense of caring for
? the colt, and then Clyde Coombs, bro
l Their of the plaintiff, was called.
Clyde Coombs corroborated his bro
} Their as to the measurement of tracks in
1 the snow where the damage occurred.
A. and he and William Martin of Guilford
S testified as to the animals value.
4 The defense then called the defend,
ant, Hanks, as a 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
I 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
y 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
+. Hutchinson of Greenfield, Ray Howe
of Greenfield and Lewis A. Pratt of
= Mt. Hermon. All told the same story,
to the effect that tho car turned out,
that the colt swung around and kicked
c and that the men in the car ducked to
], prevent being hit.
It Hutchinson testified that he looked
s around and watched the colt four or
). five minutes. Some of those in the
g courtroom wondered just how far away
y the car, which did not stop, had taken
n him at the end of the period. At one
|. time when Attorney F. f. Barber asked
l. Hutchinson a question the witness, not
l. being quite sure of the attorneys mean
r ing, inquired: "When he struck the
n colt7' which caused smile in the
courtroom.
/. Perley Plant of Brattleboro testified
g that he and Hanks went to Guilford a
It few days after the accident to see the
h colt and found him cast in box stall
e Daniel NJ Brosnahan of Brattleboro
n was called by the defense to testify as
e to his examination of the gambrel joint,
# which was exhibited in court. Before
t. counsel had had opportunity to qualify
!. him as an expert he insisted on stating
n that the bone was not broken, and he