The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1924-01-31


son and Miss Hamilton brought ac-
ton for personal injuries received
when she was alleged to have been hit
by car driven by the defendant. Mr..
Hamilton, her father, brought suit to
recover for expenses due to the in
juries which his daughter received.
The accident happened on September
Goth, 1922 in Arson village as Miss
Hamilton was crossing the street.
The plaintiff claims the defendant was
driving at a reckless and unlawful
rate of speed and that he struck the
plaintiff on the left side, the thigh
and the body, breaking her leg. Mr..
Hamilton's suit Is to recover for the
money expended not only for medical
and surgical treatment but for nurs-
ing and for expenses incidental to
having to convey the girl to and from
school. 1t seems Miss Hamilton had
just returned from the Norridgewock
fair with Mr.. and Mrs. Harry Ran
kin of Arson. They drove into the
yard of blacksmith shop across
from the garage where they wished
to put their car, apparently, and the.
to unlock the garage. 1t was claim
ed that she looked north and south
and that she saw nothing In the
street, walked across and got with
in about three feet of the easterly
side of the street when she saw an
auto bearing down upon her. Plain
tiff claimed that almost instantly the
mud guard came upon her and hit her.
Very soon after she got out of the
Rankin car, Mrs. Rankin saw the car
of Mr.. Sabin standing still at his place
at the end of the street and Mr.. Ran
kin noted the Sabin car coming down
the hill 1t was said. The plaintiffs
claim no horn was blown and that
there was no warning of the ap-
proach of thes vehicle given the girl.
Careful measurements of Union street,
where the accident occurred, were
claimed to have been taken by George
Duplissa and Clarence Barron in COM
pany with Mr., and Mrs. Rankin, the
width of the street being twenty
three and one-half feet. 1t is alleged.
After the injury, Elizabeth Hamilton
was taken home where her leg was
plaintiffs claimed she had serious
trouble with her leg and received
treatment and surgical operation at
Somerset Hospital Miss Hamilton
testified that she was fifteen years
old and that she saw no car coming
as she attempted to cross the street
until within two or three steps of the
garage. She said her only warning
was seeing the car, and that the mud
guard struck her. She said that she
was in bed nine weeks, her leg hav-
ing been broken and that she first at
tended school the first of January.
having to be carried to the school
building until May. She said she
afterwards walked without crutches
but was lame. She testified that help
was required In her home because of
the accident She said she went to
Somerset Hospital to see DR.. Richard
son In 1923; later went to Portland
to see a physician and then to Som
erset Hospital for twelve weeks
stay, when she was operated upon.
She had since been In the hospital
twice, once in December and once in
January of the present year, she said.
having had to be given ether three
times to have the knee bent. DR..
Milliken of Madison told of being
called to the Hamilton home to re-
duce the fracture and Dr. Richardson
told of Miss Hamilton being a patient
at his hospital, X-ray pictures taken
of Miss Hamilton being shown in
court. Mr. Hamilton testified to
measurements made where the accid-
ent occurred and said that he was the
sole support of his family. He testi-
fled that Mr.. Sabin overlook him in
his automobile and invited him to
ride with him. Witness said that
Sabin had inquired for the girl and
expressed his regret at her condition
but when asked IL he was going to do
anything In the way of paying bills,
he replied that he didn't know why he
should. Witness said that Sabin said
he saw the girl and that his car was
almost stopped when he hit her, said
that he didn't blow any horn and that
he didn't do any lodging but the girl
did.
The defense was opened yesterday
morning and while Attorney c. n.
Perkins in opening said that they
made no attempt to minimize the in
juries to Elizabeth Hamilton, they did
differ as to what happened at the time
of the accident. The defendant Mr..
Sabin claims that Miss Hamilton was
not injured through his negligence
but through lack OF proper safeguard
for herself He claimed that he
could not have avoided the accident
with care. The distance from the
Sabin house to the bridge Is two hun
dred feet and the garage near which
the accident occurred is twenty-five
feet from the bridge, according to the
defendant. The defendant claimed
that he could not have gotten up much
speed because of the short distance
he had been driving. Mr.. Sabin, who
Is a carpenter, stated that he had
started out with his GER from his
home after supper to carry his moth
er-in-law, Mrs. Daggett to her home.
His wife had been i'll for fifteen
weeks and Mrs. Daggett had been
caring for her. He said he saw the
Hamilton girl getting out of the
Rankin car and by the time the Ran
kin car had stopped, his car had