Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-04-11

| He had not tied the horse in the barn
| and he had left the barn door open.
| While he was gong into the house to
| get g pail of water the horse had
gone from the barn: It was dark
| then. 1t was a fair night although
il had been raining that day. There
| were no bushes there near the rail-
| road track. After the accident he
| had tried to raise the horses head,
| but it fell back on the track rail-
| There. has been nothing cut down
| there near the tracks since the acct
| dent.
| George Fl. Curtis Of Augusta, who
| resides at the house next to Radski's
| on the Bangor road testified that he
went to the spot after the accident
and saw where the horse was lying
and where the car had apparently
| stopped. The distance between those
two points he had measured as 80
| feet. 1t was $50 feet from where the
| horse was lying to the beginning of
the next curve in the tracks toward
| Watervi1e. He noticed a mark on
| the hip OF the horse. Around the
| neck Of the horse was a small rope.
J He said the horse was a good work
| horse and he considered its fair price
at that time from $3.50 to sc1.55.
Motion for Non.Sut Denied
AT the opening Of the afternoon
session, Attorney Gardiner made a
motion for non-Suit in the case on
the grounds that the plaintiff had
sEDwn negligence on his own account
| in allowing the horse to escape and
recovering it, and had shown no
negligence on the part of the defend
ant; that the plaintiff had not shown
that the motorman by reasonable
diligence could have ascertained the
presence Of the horse on the track.
or If he had, that he could have
stopped the, car to avert the acct
dent.
Attorney Maher pointed out that
the plaintiff does not admit negli-
Sence on his part in leaving a horse
APPARENTLY safe, united in the stable.
and that even admitting for arg1-
ment that there was contributory
negligence on the part of the plain
TIT, that it was not q defense when
there was active negligence of the
defendant which was the cause of
the accident. He pointed out that in
the testimony there was ample evil
dence of negligence on the part OF
the company.
Judge Beane stated that the oues-
ton of constabutory negligence of
the plaintiff was a question of fact
for the jury, and that he would al
low the case to be submitted to the
jury. He denied the motion for non
suit.
Defense
Four witnesses were sworn in FOR
the defense.
Robert Ellis of Augusta testified
That he was going up the Watcrville
road in an automobile on the even
; ing Of July !, last. He had frequent
ly seen Radski's. horse. and that
night he saw the horse, but couldn't
; see If the horse was tied. Return
ing on that road. lie saw that the
trolley car had stopped. The horse
was lying on the tracks, but was
not dead
Leslie a. Hall Of Augusta, con-
ductor on the car referred to, testi-
fled that the car left Wateryille at
o'clock and was due in Augusta
at 10 O'Clock. From Radski's house
towards Waterville there is a hal.
At the top of the hill by Marden's
the car had stopped to take on two
passengers He felt the jar of the
car when tho
power and when the car hit the
horse. 1t had been raining that day
and was then somewhat foggy. Mr.
johnson came out off the front end
OF the car and said he had hit the
horse. He then put the trolley on,
and heard that some of the passcng-
crS had held the head of the horse
TO Keep the animal from thrashing
lie had then gone TO telephone. He
said that the car was not run back
| after stopping as far as he knew
reversing lie described was the
quickest way of stopping the car.
The car had coasted down the hill,
until the reverse was applied
Warren A. Johnson of Augusta,
who was the motorman on the car.
testified that the car was on time
and had stopped at Marden's TO take
on passengers. lie then put on half
power to get the car in motion; the
car then cOasted down the hill. 1t
was 4 misty and damp night and the
rails were slippery. There was a
regulation headlight on the car.
Coming down the hill, an auto was
coming towards the car 50 the lights
Of the auto were in his eyes. AS
the auto passed. he saw an object
on the tracks. lie saw the object
was a horse. knowing that he did
not have time to stop the car. he
Immediately applied the reverse. The
car was going Is or 20 miles an
| hour. The car was about 100 feet
from the horse when he first saw
the horse. Reversing is the quickest
way of stopping the car. In order
to see the condition Of the horse after
| 1t was hit, Mr.. Johnson had put the
| light on the rear of the car as soon
as the car was stopped. There was
nothing more he could have done to
| stop the car as soon as lie saw the
| horse on the tracks. After the trolley
had gone off the wire. he had put
on the air brakes to stop the car.
| Cross examined by Attorney NAH
| err, Mr.. Johnson said he did not see
the horse jump off the track to avoid
the car. The horse merely raised
up its head He said the principal
| trOIlhle that nipht was tbo 6o,nrnacc