The Waterbury Democrat., 1938-03-08


 and is providing care, education and treatment for crippled children in communities throughout the state, and they have made great strides in the past few years.
 In a recent survey throughout the route to St. Mary's hospital in Wa terbury. Virginia Roberts, whose right leg was amputated by the inn pact, died January 20 at 3:20 a. m. at St. Mary's hospital. Robert Roberts, her brother, died at 12:5O a. m. January 20 at the same hospi- tai. Claire Boulanger, Mary Mo- Kenna, Arthur Boulanger, Esther Brevee, who was in the car with Degnan, and Degnan himself were severely and painfully injured. All required hospital care.
 "Degnan's car, at about the time it struck the group of children, demolished three eight inch fence posts guarding the culvert, con- tinued on across the culvert, and turned over finally coming to a stop on it's side facing in a general northeasterly direction or toward the Meriden road. The distance from the point where the car left the main highway to where it stopped measured no feet. It trav- eled A feet through deep snow before it struck into the children. The car was fully equipped with chains.
 High Speed
 "The physical facts, standing alone, indicate that the car was being operated at high, and dan- gerous rate of speed before it left the highway.
 "On the afternoon of January 19, Degnan, who was employed by the Connecticut Railway & Lighting Go. as a bus driver, drove his wife to the Waterbury hospital where she was working as nurse. At about 6 o'clock in the evening he met, with out previous acquaintance, Esther Brevee, of Naugatuck, in restau- rant on East Main street in Water bury. After having a glass of beer, he and his new companion decided to go to a moving picture show. h. stead, however, they drove out East Main street and then went to Moy- nihanS tavern at Lake Hitchcock in the town of Wolcott where they had some sandwiches. William Dillon, the bartender at Moynihan,s, denied that Degnan or Miss Brevee had had anything of an intoxicating na- ture to drink while at Moynihan's. Elizabeth Palmer, a waitress, testi- fled she served them no intoxicat- ing liquor.
 Two HighbalIs
 "Degnan, however, testified that while at Moynihan's he had con- sumed two highballs, and that Miss Brevee had had the same. They remained at this tavern for over an hour. I accept as true Degnan' $ own statement in this particular, and believe that if he did not have at least two highballs while at the Moynihan tavern, he would not have stated so under cath. Both Degnan and Miss Brevee testified that just before the car went off the road, an automobile approached from the opposite direction, the headlights of which were very bright, and that Degnan swerved his car to the right He then claims the wheels of the car struck a rough spot on the shoulder of the road and that this threw the car off the roadway.
 "There is some substantiation by other testimony that there was 8 car proceeding northerly at this time. If the lights of an approach ing car did interfere with Degnan's vision, he made no effort to control or reduce the speed of his car. The roadway was dry and he had ample room to safely operate his car thereon if it was under proper con- trol. He did not attempt to apply his brakes.
 Tragic Results
 "The unusually tragic results of this car striking into the group of children is not of itself sufficient basis for a criminal charge. The conduct of the operator of the car must be tested by the facts and the law. Degnan's lack of control of a fast moving automobile at night, down grade on a public highway failed to meet the requirement. of even ordinary care, and in my opin- ion amounted to gross negligence.
 T find therefore that the death of Edmund Boulanger was due to a compound fracture of tn" skull, evulSion and laceration of the brain, and compound fractures amounting almost to traumatic amputation of both legs below the knee; that the death of Virginia Roberts was due to traumatic amputation of the right leg, fracture of the left femur, right humeruS, and internal injuries: that the death of Robert Roberts was due to traumatic amputation of the right leg below the knee, fracture of the skull, deep lacera- tion of the left leg and a crushed chest; that the said injuries result ing in death in each case were sus- tained as above set forth, and that all of said deaths were due to the criminal negligence of the said Frank Degnan.
 "In compliance with tIe statute have filed with the clerk of the superior court for NeT Haven coun- try at Waterbury my report of the inquest together with the testimony taken"