Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-02-21
Seek $4,000 Damages
In Death of Youth
On State Highway

seeking damages in the sum Of
$4,000 on the account Of the death Of
his son killed in a motorcycle acct
dent June %. 1923, Ariel w. Colby of
Newport appeared before the claims
committee Of the legislature Friday
afternoon in the senate chamber.
Victor Colby. % years old. was
killed as the result of being thrown
from his motorcycle in Corinna in
the evening of July 90. 1923, when
his motorcycle struck a pile of rocks
and gravel that had been dumped in
the highway for construction work
by the state highway commission. A.
w. Colby, father of the young man.
presented the claim for the benefit of
the two small children Of Victor
Colby, who are now making their
home with Mr.. and Mrs. A. W. Colby
under the childrens guardianship
law.
1t appeared from the testimoy of
witnesses that the pile of rocks had
been placed in the highway at Corin-
ma and that no lanterns or signs had
been placed at the point to warn
motorists of any danger. Victor Col
by and his brother, Darrell. We're re-
turning in the evening from Dexter
to Newport. Victor was driving the
motorcycle and Darrell was riding in
the side car. Blinded by the lights of
an automobile going in the opposite
direction; the boys did not see the
pile of rocks and gravel in the high
way and the motorcycle crashed into
the pile, throwing both boys out.
Darrell was not injured, but Victor
sustained a fracture of the skull from
which he died the following day.
The case was presented to the
committee by Attorney w. S. Town
send of Newport and testimony was
given by Ariel w. Colby, Darrell B.
Colby, Julian Croxford and Albert
Carson. a state highway policeman,
all Of Newport.
There was no opposition presented
in the matter.
Caribou Claim Presented
No one appeared for the proponents
in the other matter heard by the
committee Frida,, the resolve intro
duced by Representative Hamilton of
Caribou in favor Of the town of
Caribou to pay that town the sum of
$458.76 for money expended in the
defense of the suit of Pearson vs. the
town Of Caribou.
Judge Sanford L. Fogg Of Augusta,
deputy attorney general, took up the
case with the committee, pointing
: out that the claim arose as the re-
suit Of an accident which occurred at
Caribou August 22, 1922, when mo-
tor car plunged through the railing
over a torn up bridge over Caribou
stream, resulting in the death of
Mrs, Isaac Jackson and Oscar Pear
son. 10 years old, of Portland. and
injuries to other passengers in the
automobile.
Judge Fogg stated that he had
conferred with Judge William HI.
Fisher. who was deputy attorney
general at the time and had learned
that as the town had not notified the
state within the time specified by
law. the state disclaimed any ]iabil-
ity. In the suit at court, the defen-
dent town Caribou was successful
on the ground that Mr.. Pearson was
negligent, having driven his car by
three barriers and through gate be-
fore coming to the bridge construc-
ton, The town was represented in
the suit by Attorney Cyrus M. Small
and Ransford w. Shaw, attorney
general, who was acting in prl-
vate capacity. The state declined to
take any part in the defense of the
suit The bridge was being con-
structed under the provisions of the
bridge act.