Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-21

was presented on Tuesday at Super
ior Court and the case will probably
go to the jury early this afternoon.
This is a suit for damages claimed
by the plaintiff as the result of
collision between two automobiles,
one owned W Mrs. Sadie f. Metcalf
and driven by her daughter, George
Metcalf. and the other owned and
driven by Fred II. Fuller Of Halo
well. Mr.. Fuller was represented by
Attorney Lewis A. Burleigh Jr., of
the firm Of Burleigh and Williamson,
and by Attorney Herbert L. Locke of
the firm of Pattangall, Locke and
Perkins, while .frs Metcalf was rep
| resented by Attorney Ernest l.. Nc
Lean of the firm Of Mclean, Fog
| and Southa.1.
| Mr.. Fuller was the first witness for
the plaintiff. He stated that he is
| the superint rndent Of the Fuller Iron
Foundry and that he is the owner of
the Oldsmobile car which figured in
| the accident. At the time of the ac-
cident he and Mrs. Fuller with their
| daughter, Marion, and two younger
| children had been on a ride to Win
throp and were returning to their
home. This was the evening OF
| August IS, when a Battle of Music"
was advertised to be held at Island
lark Pavilion and there was consid-
cradle traffic on the road between
Augusta and the Park. Near Island
Park they had stopped and one of
the younger children who had been
riding on the rear seat was taken in
to the front seat where she lay partly
in the arms of her sister Marion who
was seated there. The child was
| in Marion's arm sat the time Of the
| collision.
At a point on the highway near
the residence of Sheriff Henry Cum
mings they met a string of several
automobiles going toward the park.
The children had been counting cars
as they went by and as these auto
mobiles went by they counted them
in unison according to the testimony.
The fifth car as it approached. sud-
| denly swerved. and Mr.. Fuller who
was driving. seeing that collision
would occur il he continued without
turning out into the ditch, endeavor-
ed to swing his car out but was I'M
able to do so quick enough. He had
turned his steering wheel toward the
right and as the collision occurred
the wheel was turned violently in
the other direction. 4 moment later
there was a jolt and one side of the
1 Fuller car dropped to the ground.
AS soon as he cou;a after the ac-
cident occurred. he went to the Met
calf car and upon talking with Miss
| Metcalf, she said that she had been
blinded by the lights Lf his car and
thus had swerved out of line.
! He declared that the point OF i'm
pact on his car had apparently been
on the left hand mud guard back of
the front wheel and pust forward of
the running board. The jolt had
been caused by the collapse OF the
left hand front wheel. Where 1t hit
| the ground mark was made which
was four inches to his left OF the
center Of the foad. His car had
swerved around behind the Metcalf
car after the accident and had stop
ped with the front end against a
gravel bank but without further
| damage being done to the car. No
, one in his auto had been hurt. His
repair bill had been about $3.50. He
| testified that he had measured from
the place where his front wheel had
| dropped to the place where his car
and the Metcalf car had stopped. To
his car it was "a feet, and to the
Metcalf car 80 feet 6 inches. 4
Miss Marion Fuller carroborated
| the accident.
Norris Clough Of this city. gar
age man. testified as to the extent of
! the damages and OF his bill which
had been S191 and a few cents. He
stated that after the car was re-
paired the accident had still caused
| a depreciation of about $500. He had
later found part Of the wheel of
| the Fuller car which had a dent APP
Iarently caused by the collision and
from the position Of the dent he
| would say that the left hand front
wheel had been turned toward the
| right at the moment OF impact.
A young man named Arata from
| Hallowell, who has helped M. Fuller
| to take measurements. testified sub
stantially as did Mr.. Fuller.
The plaintiff here rested his case
and after stating his case Attorney
Mclean swore in a number of wit
nesses.
| Mrs. Sadie Metcalf was the first
witness for the refense. She stated
| that the Metcalf family was staying
at their cottage at WEIGHS point in
East Winthrop at the Tina Of the ac-
| cident. Her daughter. George, and
| young man named Albert Ridley
| had arranged to go to the battle of
music" and he was to come out to
the cottage on an electric car. He had
telephoned to the cottage Of Clifton
Plummer. which is nearby and Geor-
gle had been called to the telephone.