The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-05-17
DEATH HELD
ACCIDENT BUT
CAR DEFECTIVE
COrOner's Jury Reaches Yer.
diet in Death OF Ernest
Marshall Dave
HEAR WITNESS ES
Man Who Tested Brakes Said
That They Fail TO Exert
Normal Power

Members of coroner's jury de-
bated for half hour following the
inquiry conducted late yesterday af-'
tcrnoon into the death of Ernest
Marshall Dave, aged 8, who was
fatally injured when struck by the
automobile of s. c! Moser. Members
os the jury had before it evidence
that the car Of Moser was going slow,
that the little boy ran into the street,
that Moser saw him, and that the
brakes on Moser's car were defective.
Whether it could have been prevented
was a question.
The verdict agreed upon follows:
I-"We find that Ernest Marshall
Dave came to his death through be-
ing struck by an auto driven by S. {.
Moscr and from the testimony sub
mitted we find that the death was
due to accident; that the danger Of
accident from driving the car might
have been minimized by proper ad-
justment of the brakes"
The jury was composed of f. NJ.
Stanton, B. NJ Dunn and c. A. Olson.
Robert Dodd testified that the
brakes on Moser's car were defective.
Moser said the brakes had been hold
ing and that the car was guaranteed
in good shape when he bought it sec
ond-handed from an individual some
days ago.
Moser waived his right not to tes-
tify and gave his story of the acci-
dent.
Examined Car.
Mr.. Dodd said he examined the car
of Moser on Thayer street on an IN
cline not quite as steep as the one
Moser was driving down when he
struck the boy. He said he found
the foot brake very poor and the
emergency brake not so bad, but that
it would set only on one rear wheel.
Asked to give an illustration as to
how much farther the auto would 60
with the brakes in the condition they
were than il they were in good con-
dtion, Dodd said that at a speed of
ID to 90 miles an hour it took rs to
100 feet to stop the car, whereas If
should not take more than 25 to 30
feet.
He thought the distance from the
scene of the accident to Mandan and
Thayer, about where the car stopped,
was about 100 feet.
The horn on the car was working,
but very low, he said.
4 s. ~,
dent was unable to be present. Mr..
Dodd said that his wife thought the
boy was struck by the right hand
wheel or a fender. She saw both
,b0ys, Ernest Dave and her son, Jack
~Dodds. The boys had started for
home. He said his wife told him the
car didn't seem to be going very fast.
She called to the boys to come home,
he said-they were in Dohn's yard
and saw the car coming as they were
on the boulevard going into the
street. She called to them to look
out. Her boy stopped but Ernest
took couple Of steps and was struck.
MOser Testiles.
Moser said that he bought the auto,
an Oakland, about 10 days or two
weeks ago from a man at the bakery
next to- Dohn's meat shop. He said
he had driven cars before, and had
driven Buick for two years in st.
Paul before coming to Bismarck. He
said on Tuesday afternoon he was
taking his wife and child out for a
J,sv hot ho
did not like to travel fast.
He said he saw the two children
when he was at the top of the in
cline, and saw them stepping down
on the boulevard. He sounded his
horn, he said, which he declared was
working good enough that other peo-
pie heard him.
He declared he was told the auto
was in first class shape when he
bought it, and that the brakes were
working all right going down hill.
He said the foot brakes were set and
that he did not use the hand brake
until after he hit the boy. He said
!, both boys stopped when he blew
: the horn, and he had an idea that
they wouldn't 60 across the street.
Ernest Dave, he said, suddenly start
ed and ran as fast as he couh into
:. the street in front of the car. He
said he tried to turn the car, but
couldn't.
:. Moser said he thought he was GO
ing only five to eight miles an hour,
as the brakes were on coming down
hill, and that he had put them on
when he saw the boys. The speed
ometer was not connected.
Moser has lived in Bismarck IA
months, he said, coming from St.
Paul to be baker for the. Mckenzie
hotel.
He said he felt the accident was
unavoidable because the boy ran into
the street 9s fast as he could. He
had never been arrested for speed
f,g, he said. and he said he didn't
drink. fs
Rody Injusiee, 'ssa
,8 DR.. N. O. Ramstad, explaining the
CONTINUED on Page 8.)