The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-05-19
.JURy'S VERDICT
AGAINST AM|DON
Local Motorcyclist Loses
Damage Suit for
$4,000
CASE HAD BEEN ON
TRIAL A WEEK
Jury Apparently Considered that Am
idon Was Negligent in Crossing from
Right Hand Side to Left Hand Side
of Highway.


David W. Gordon and his wife, Doris |
Clark Gordon of Hazardvile, Ct, by a |
iurys verdict in Windham county court
at Newfane late yesterday afternoon,
are not liable for damages for the in
iuries to Harland Amdon of Brattleboro
resulting from a collision of Mr.. Ami
don's motorcycle and an automobile occu
| pied by the two defendants and Mr.. Cor
dons sister near the entrance to the Har-
ris cottage ut Spotiord lake Sept. :,
1918. The plaintiff sued to recover dam
ages of 5000, and the case had been
on. trial since court re-eonvened last week
| Tuesday.
| The taking of testimony was com
pleted yesterday forenoon and Attorney
H. G, Barber for the plaintiff and Attor-
ney Robert L. Fits for the defendants
made opening arguments before dinner.
| After dinner Attorney NJ. p. Maurice
closed for the defense and Attorney f.
L. Barber for the plaintiff. The defense
moved for directed verdict, but the mo-
tion was overruled. The court charged
the jury at some length and gave the
case to them after O'Clock.
After a short time the jury came in
and asked the court to repeat that part
of his charge relating to contributory
negligence, which was done, the court
stating that if the jury found that the
plaintiff was in the least degree negli-
gent and his negligence contributed to
the injury he could not recover damages.
The court also charged that the rights
and duties of both parties were equal
The jury considered the case a short
time further and returned verdict for
the defendants, having had the case less
than an hour.
BY its verdict it is apparent that the
jury considered that Amidon was al
fault in the operation of his motorcycle
The case, which was a vigorous contest
throughout, is important as it tends te
establish the degree of care which must
be exercised by the operators of motor
T. vehicles on the highways.
At the time of the collision the auto
t mobile had come up from the c. A. Har
ris cottage to the main highway and tn,
motorcycle carrying two passengers wa
T, coming toward Brattleboro. The auto
d mobile had turned or was about to turl
n toward keene, but the evidence as t,
n whether it had turned did not agree.
Z b. c. Thatcher of Chesterfield. tow
4, clerk and deputy sheriff, testified tha
= he examined the track of the motorcycl
u and that it was on the right hand side o
> the road until it approached the Harri
entrance, when it turned to the left side
- The plaintiff, Amidon, said that whe
"a he was about 40 feet from tie Harri
u driveway he saw the ear coming an
hat he swung to the left to give the ca
a chance to stop before it came into tn
= road, that he kept going to the left an
!, the car kept coming out. He said h
:. applied the brake, but not enough to Sc
II the wheel. His right leg was crushed
- his right wrist fractured, nose broke
- and left leg cut He testified that he di
- not hear any signal by the automobile
os David W. Gordon testified that as til
-. automobile went up the driveway til
-. klaXon horn was sounded long and lou
~ and that when close to the highway |
saw the motorcycle about l65 feet u
the road on the right hand side II
ear started to make its turn to give tt
motorcycle a chance to go past, but
pc veered to the left in front of the ca
and the car was stopped, followed by Il
collision.
zee Mrs. Gordon, who drove the car, sa
,al that as she was in the middle of Il
th highway she saw the motorcycle comir
on on the right hand side of the road, al
70 she continued across the road. turning
nd little so the motorcycle could clear t
back of the car, but instead the moto
ow cycle veered to the left, going at We
IRE rapid rate. The testimony of Mr. Go
don's sister, Edna Gordon, was substa
TALLY the same as that of the other occ
pants of the automobile.
T. This was the first county court ca
= ~ for Attorney Robert L. Fits, who is
~ - son OF the late Attorney General Clar
!. .h.' c. Fits of Brattleboro.