New Britain herald., 1929-08-08

SNtT NUtil llit utltilSG attorney OD- jctdee. The objection was sustained | but Attorney McDonough objected saying that the case may go to su. preme court.
 Another argument started be tween the two attorneys when the | woman's ability to judge the speed of the automobile was questioned by the defense lawyer. She continued her testimony by saying that she was a back seat passenger in an au tomobile which contained Mir. Bo- land, his hrother-in-law and his fathcr-in law.
 CoIlides with Parked Car When they came to the iaterscc- ton she said the Boland automobile crashed into parked car and tn, impact threw her head against the roof of the car and then threw her | forward where her knee came in i contact with a cross-bar used to hold | blankets. The bar was bent. she testified. Her injuries were broken l thumb and an injured knee cap She claimed she was unable 10 work from March 6. the time of the accident until September 12. Dr. John F. Lynch. ,Dr. McDer- mott. and her employer, Dr. Bren- nan treated her at various times. She is G1 years old and since that time has had to take incidence 10 get her rest. This was borught cut in the testimony.
 Cross Examined By Blackall
 Questioned by Attorney Blackall she said that she was visiting with the Roland family and that the trip to Hartford was made for her only. that Roland was taking her to her | home at A Cedar street. After iha accident was over she took trolley car to her home because she was told by Roland that he could3not take her because of the condition If the car. Continuing she said she left the trolley at point five minutes walk from home and after walking for three minutes she stopped in | friends home where she was given a hot drink and after a short rest con- | tinued. She said she was confined to her bed for a week and at vafi- GUS times was forced 10 return 10 l he'd.
 Dr. Lynch of Hartford, her physi- clan. was called and described her injuries. There was an injured left | lnec. right elbow and right thumb. Some of the injuries will be per- manent. he testified and they may be worse later. he added.
 Dr. Brennan of Bristol. physi- elan for 30 years. was called and said the woman has been able 10 work at his house only part time she formerly did Her daughter Eozetta Ryan. testified that she had been with her mother for several months. She is trained nurse and | in her testimony she explained her idea of her mothers health. Roland Testfcs
 AIr. Roland Of 219 Burritt street. the defendant, said he reached the intersection when the lights were amber and that he looked to the right and left before he crashed the parked car He testified that he had made an attemnt to avoid the accident by swerving to the left but he was within three feet If the ear and couldn't make if. | He said he struck the automobile between the tire rack and the left whnol
 His automobiles damG 70 was a broken bumper. hnnt ri"ht fender brol'en right wheel and bent head. l light.
 Argue on AsscmbIy's Action The nlaintiff attorney arnounced that his cose rested and Judge Tracoski dismissed the jury at 12:47 o'clock and then the two at torneys argued relative 10 the state assembly's action. Attorney Blackall declared that the driver had four things to look ont for and ! that he had made an attempt to prevent the accident. therefore he was not guilty of reckIessneas or heedlessnese. but Attorney McDon-
 oush said. If he were not guilty Of reclilessness or heed'eseness l don't know who was. passenger was niured seriously and the driver
 could he convicted for reckless driving."
 Demands Ruling
 AtfC MfDon,l,Iol, hro,,o,t o,,{ the point that Inc general assembly
 of 1927 adjourned on May $. 1927.
 and the guest law bill was not sign
 cd hy the governor until June s.
 1927. He asked Judge Traceski 10
 rule on the matter and persisted in
 asking for a ruling but the judge
 would take no step. Finally Judge
 Tracesli said: "1he court will rule
 on this at the proper time.'
 Just before the close of the scs-
 sion after nc had recited several
 cases in mich rulings were made on
 the gUest law, Attorney Blackall
 motoned that the case be dismissed
 o1smissal being based on the fact that the 1927 guest law was in effect
 Court adjourned at 12:30 o'clock
 after Judge TraCeski had called the
 Jury back. The jury was warned to
 talk only among themselves about
 the case and net to be influenced by
 outsiders.
 Under instructions of Judge Ira
 ccslii the jury this afternoon re- turned verdict in favor of the de- fendant to recover costs.
 According to this judgment the
 guest law of the state of Connec,i-
 cut is valid and holds in this case.
 In giving his instruction Judge Ira ceski quoted the Silver case, a similar trial at which the judgment was given In favor of the defendant
 to recover costs According to
 Judge Traceski this case was a
 weaker one than that of the Silver