The Barre daily times. (Barre, Vt.) 1897-1959, 1921-06-15
After U. S. Court Refused
to Grant Motion for
Defense Verdict
$40, 900 DAMAGES
WERE SOUGHT
BY Miss Anna Sloan
Against Thomas Mahar
of Fair Haven

Arguments were made in United
States district court at Montpelier to
day in the case of Anna Sloan VS.
| Thomas Mahar of Fair Haven, a suit
to recover $4,000 damages for per
sonal injuries sustained in "ioy
ride" on thes night of Oct. 5, 1920
Judge II. B. Howe yesterday afternoon
| denied the motion by the defense for a
verdict.
The case was given to the jury at
1880 this afternoon.
The motion for verdict for the de-
Tense was made after the plaintiff had
rested its case, the attorney for the de-
fense, j. G. Sargent, making his claim
on the ground that the evidence pre-
sented by the plaintiff did not tend to
show any neglect on the part of the
defendant and that the plaintiff, hav-
ing been party in the group taking
JOY ride, not having refused to ride and
having failed to make protest, became
part of the enterprise and was, there
fore, equally responsible with Mr.
Mahar Judge Howe dismissed both
claims.
There was not a great deal of diff
ference in the testimony relative to the
accident except as to the speed of the
machine, the care given and the persons
who asked for the ride. Denials were
made by the defense to statements
made by the plaintiffs witnesses.
II appears that on the night in
question Thomas Mahar invited sew
eral to his home in Fair Haven TO en-
JOY musicale and that he and A. C.
Wilson were called to another meet
ing and did not return until the party
was over. Mr. Mahar invited several
OF them to ride home in his car. and
ne started with Mr.. and Mrs. Wilson.
John Butler, Miss Anna Sloan, Miss
Goldie Moore and Miss O'Brien. In !
stead of going home, the party started, !
At some ones suggestion, and went to |
hydevlile, a distance of about two and !
one-haif miles, The car left the road, |
went 100 feet and then tipped over. |
Nearly everyone in the car was in |
iured.
John Butler denied on the stand that |
ne suggested going TO Hydeyille, claim
ng II was either Miss 0'Brien or Miss
Sloan, who made the suggestion. Previ-
'usly. Miss Moore had testified that
3utler suggested the trip Butler also
lenied telling Mahar TO "let her go
when they were hitting high speed on
The Flats" outside Fair Haven vii.
age. Miss Moore and one other had
estified that Butler said 'alet her go"
A. {. Wilson testified somewhat
long the same lines but added that
he car was swaying a good deal. He
card the statement relative to speed,
I'd not know who made il but said il
ras not Butler. Witness did not recall
aving told Mrs. Mary Sloan that the
ar was going between 50 and 60 miles
n hour. Later Mrs. Sloan went on the
tand and declared Wilson had told
er so to 60 miles an hour was the
peed. Wilson testified that the insur-
nee company paid him for damaged
othing and loss Of time; Butler the !
sme.
Mrs. Wilson testified that she went !
18th Mrs. Mahar TO see Miss Sloan
iree weeks after the accident and 0
rat Miss Sloan told Mrs Mahar that
Mr.. Mahar had not been good driv-
they all would have been killed. Mrs.
ahar corroborated his testimony.
Edward Mahar testified as TO the 20.
tlon Of the brakes on the car as being =
{ and the gears in second speed. John =,
cNamara told much the same. The y
'fendant, on being recalled, said he i,
piled the brakes and threw the car q
to second speed after he had gone y
'out 100 feet. St
Miss Sloan testified about her en- =
oyment in a shirt factory and that =
e had been unable to do this work y
ice the accident She could not use e'
r left hand, has headaches much Of !.
e time, is very nervous, was blind for az
% weeks after the accident and Is ~
IL troubled by her eyes. Miss Sloan u
aearsed her objections TO the ride and
7 protest TO the high speed She said -
ere were four in the back seat and ", W
II Butler gave her his cap and ducked
head behind her TO prevent the ~, ..
nd hitting him -
Miss Sloan's evidence was eorrobo- OF
ed by Miss Susie Manning. the nurse ~ ~
10 cared for her. and by DR.. r. lh
pc. her physician. who made a spe- 10 m'l'
] examination Of her during the aft. 'rr
loon session. n
Miss Sloan also testified that
gsician for the Travellers Insurance y
examined her al one time since the 90
ident which was objected t. by the y,
ense. the evidence tending TO show :,
insurance company was fighting w ~
ease. ~
-he jury empanelod we're samuel ~ on
clair and James F. Higgins Of 'h'
re. " r johnson ~ Craft@burv. ,.
Unfiedt of Brookfeld. Edward X.
es of Montpelier. A. 4. Reed of an,
.iamstouu. q. G. Sargent and Clar- ~,
e A Bennett ~ St. Johnsbary. Har. ~,
slack ~ Royalton. George D. Bag :
~ South Woodstock. Geurgr q. ~.
u of Randolph and Prank Curtis Of i
idhail NJ.
H;
as Thayer. d.. ~. only child of lvr
. r Taaycr of Springfield uas IA Ne