Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1920-10-13
ROSEVILLE BOY FINED
FOR CARELESS DRIVING
Jury Returns Verdict of Guilt A.
gainst Young Auto Driver who
Overran Elderly Man

That too much caution cannot be
exercised in the avoidance of auto
mobile accidents is an opinion which
was strongly upheld during the liti
cation which occupied the District
Court on Thursday afternoon and ter
minating on Friday noon. The law
suit involved Christian Adams, re-
sident Of Paynesville, Stearns Coun-
ty, in this state, who appeared again
st Virgil Caldwell, son of L. E. Cald-
we'll in the town Of Roseville in this
County. George w. Smith of St. Paul
was the attorney for the plaintiff, Mr..
Adams. and Senator Sullivan of St.
Cloud was council for the young de-
PENDANT. The cause of the proceeding
centered around the injuries suffered
by Mr.. Adams on the night of June
10th in Paynesville, when while in the
act" of crossing Washburn Street, at
the intersection with Railroad Street,
he was struck down by the automo-
bile driven by Virgil Caldwell, the
defendant, in company with girl &C
quaintance. Mr.. Smith, the attorney
for the plaintiff, asserted that the
young man was not paying as close
| attention to the matter of driving as
he ought to have done and stated
| that at the time of the collision with
Mr.. Adams, the car was on the left
| side of the street, some twelve feet
from the curling, while Mr.. Adams
was caught unawares on the street
walk which crosses Washburn Street
at that place. Mr.. Adams, in his tes-
timony, alleged that when in the cen
ter of the street walk he preceived
the approaching car at a distance of
about $50 feet but reasoned that he
would have ample time to reach the
other side and allow the car to pass
back Of him. When about twelve feet
| from the sidewalk the car came be-
tween him and the sidewalk and
knocked him to the pavement, sus-
tanning serious injuries on the head
and other portions of the body. Since
the moment of the unfortunate hap
pening Mr.. Adams testified that he
has been unable to work as formerly
and can do but certain kinds of work
with periodic effects of the accident
troubling him. It appeared that test
imony on both sides were of one &C.
cord that the car was being driven on
the left side of the street and so far
to the left in fact that it seemed OBJ
vious that the driver was not atten.
tive to the operation of his machine
Senator Sullivan for the defendant
pleaded that the young man had in
tentions to swing around the corner
and for that reason took the left side
of the street as he drew closer to the
corner. Furthermore, as the lights
on the car were stated as being lii
by the defendant, and that he was
driving at moderate rate of speed
it appeared, said Mr.. Sullivan, tina
the plaintiff, Mr.. Adams, did not sur
vey the streets carefully for possibl,
cars but walked across it Obliviou
to the impending danger. Mr. Sulli
van urged the jury to weigh CAREFUL.
his charged carelessness against MI
Adams aud if he were found to hav'
been in the least contributary to tn
accident thru neglect no verdic
could be awarded in his favor. Tn
defense charged that Mr.. Adams di'
not utilize the street-walk in CROSSING
the street but was cutting over par
Of the corner and was collided witt
by the car while on the street pave
ment several feet back of the street
walk Mr. Miller of Paynesville,
witness for the plaintiff testified how
ever that he saw Mr.. Adams, not o.
the street proper as charged by tn
defense, but on the street-walk as e2
planned by Mr.. Adams himself. Il
view of these facts of testimony tn
jury retired to deliberate and arriv
. ct verdict which was presented t
the Court at p. m. Friday afternoon
The plaintiff demanded substantial
J. compensation which he termed a
q $4,000. The court jury in it's repor
l. reduced the amount sued for to tw
T., hundred dollars.