The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1939-10-13

erly curb of South Elm street,
struck Brian Mahoney who was
then walking in the highway in
northerly direction across said
Cole street.
Said Mahoney was struck by the
ca driven by Mrs. Coffey and was
thrown violently to the ground,
sustaining a laceration near the
external cant..us of the left eye
and laceration of the right FORE
arm. The autopsy disclosed fur
Their laceration of the capsule OF
the spleen, intra -peritoneal hemor-
rhage and retro-peritoneal hemor-
rhage in the region of the hilus of
the spleen. Mahoney was imme-
diatel.' removed to st. Mary's hos
pital where he was treated until
his death about two and one-half
hours later.
Mrs. Coffey was driving her car
at about twenty miles per hour in
line of traffic that extended from
East Main street into Cole street,
the cars in said line of traffic be-
ing approximately a car length
apart. Mrs. Coffey was followed by
a car driven by William r. Ten
nant in which May =. Scadden, a
sister of Mrs. Coffe., was riding
as a passenger. Miss Scadden did
not see the accident occur and did
not see Mahoney until he was ly-
ing upon the ground after the &C
cident. Mrs. Coffey and Mr.. Ten
nant saw Mahoney only at the in
slant he came in contact with Mrs.
Coffey's car. No warning signal
was given and no sttempt was
made to avoid the accident since
Mrs. Coffey had no previous
knowledge of possible danger to
Mahoney.
Mahoney, Immediately prior to
the accident, had crossed the in
tersection of South Elm street and
Cole street going in an easterly di-
rection, and at the time Of the &C
cident was proceeding in a north
erly direction across the intersec-
ton of Cole street, but was approx
imately fifteen feet west of the
crosswalk marking the pedestrian
crossing on Cole street.
Mrs. Coffey stopped her car i'm
mediately after the accident and
gave immediate assistance to Ma
honey. He was put into Tenants
car and taken directly to st. Mary's
hospital, Mrs. Coffey proceeding to
the hospital Immediately after him.
The testimony of all witnesses
seems to corroborate the fact that
there was a line Of traffic In which
Mrs. Coffey's car was proceeding
at fairly reasonable rate of speed
and that Mahoney was struck at
point to the west of the crosswalk
across Cole street. There is evil
dence that Mahoney was acting
not altogether in q normal man.
ner and that there was not a rea-
sonable opportunity for him to en-
ter the highway at the point at
WIllCIl llC Nllu. 11ClC 40 dASO OACdA
evidence that the weather condi-
tons that prevailed at that time
were unfavorable for proper
lookout to be kept and that failure
to see Mahoney was not altogether
unjustified.
The superficial injuries found on
external examination Of Mahoney
seem to indicate that testimony in
regard to the speed at which Mrs.
Coffey's car was travelling is sub
stantially correct.
Although sharper lookout
might have been kept in view of
the unfavorable weather condi-
tons, it does not seem that there
was any negligence on the part of
Mrs. Coffey which would amount
to criminal negligence as defined
in the statutes.
I find that said death was not
caused by the gross and criminal
negligence of said Margaret S.
Coffey.
In compliance with the statute,
I have filed with the Clerk Of the
Superior Court for New Haven
County at Waterbury, my report
of the inquest together with the
testimony taken"