The Waterbury Democrat., 1938-11-16


 william Dwyer, John R Balfe, Cyril J. Arsenault, Lawrencc St. Louis, Alois Schwartz, Stanley BarnowslSy, Peter D'Urso, Louis and Richard Geghan.
 The Finding
 Deputy Coroner Hennessy,s find- Ing says in part:
 On August IA, 1938, at about 2:15 D. m. daylight saving time, the deceased was riding in the rear seat of a 1883 Plymouth coach being operated by her son. in-law, Daniel Clifford, in an easterly direction oil the souther- ly side of East Main street, in Waterbury. Seated with her in the rear seat were her daughter, Mrs. Daniel Clifford, and the lat ter,s small daughter.
 As Clifford approached a point on said East Main street, opposite No. 2094 East Main street, the left rear tire blew out throwing said car out of control and violently against a car owned by George Zhitomi, and parked at the south erly curb in frort of said No. 2094 East Main street, zhitomi's home. The right side of the Clifford car was much damaged. Deceased sustained severe injur- ies hereinafter more particularly described. Mrs. Clifford sustained a broken arm and other injuries and the baby, who was hurled through the rear right window and onto the running board of the parked car by the force of the collision was relatively less seriously injured.
 Deceased was removed at once to St. Mary's hospital, Waterbury, was admitted at abouC 2::30 D. m. August IA, 1888, in an unconscious condition and died without re- gaining consciousness, at said hospital, on August 18th, 1888, at 3:45 a. m.
 At the time the blowout oc- cured Clifford was operating said car at reasonable speed, between 9 and 30 miles per hour. The condition of the rear left tire and tube of said Plymouth auto- mobile, in which the blowout oc- cured, was defective and danger ous for ordinary running purpos- es, in this that the tube was over size and much too large for safe use in said tire.
 The tube in question was an Imperial 5.50x19 tube, and the tire in which it was installed was a 5.25-17 new Hood tire, said tube being much too large for safe use in said tire. Specifically, the tube was too sizes too large for the tire with the result that when inflated it bulged against the bead of the wheel thus creating condition liable to produce a blowout and dangerous for or dinary running purposes. Clifford had purchased said car the day previous to the accident, from an automobile concern which had accepted it from the then owner In a trade for another car. Said previous owner had had the tire and tube in question installed on the 27th day of June, 1888, by one Stanley Barnowsky, acting there in as an agent and employe of the Lincoln Auto Store, No. 61 West Main street, Waterbury. from whom the said tire and tube were purchased. The service of installing the tube in the tire and mounting the same on the said Plymouth car was performed by said agent and employe in the absence of the said previous own- CT who had left his car for the purpose, returning later the same day to get it.
 The said Plymouth automobile had been driven 8 total of abou l 900 miles with the new tire ane tube on it. The said previous ownel had had the brakes worked upor once in the meantime, a proceS. which involved removing the wheel of the automobile, but this or any other work performed on the car such as infiating, between the tim, of installation of said tube and tir. and the accident aforementioned die not operate to essentially change tn. and defective condition produced in said Plymouth automo. bile by the installation of said tub' and tire thereon.
 The act of so installing said tub, and tire was an act of carelesSneS. on the part of the tire man, but i was short of gross and crimina 
 I find that the death of the sait Nellie Cummings was caused b, traumatic shock, probable interna injuries, dislocation of right shoulde with fracture of the right humerus fracture of the left ankle, ecchymo sis Of both hips, probable fractur Of the pelvis, but that said deatl was not due to the criminal negli Ons1fQ rf oe1xr <Hkl1a,. r,s ~.%x, .~ ...-As-.