The Waterbury Democrat., 1941-08-12

n Negligence of two women drivers & blamed by Coroner William B. Hennessy for the accident in Pros pect center June IS, which caused the death six days later of Mrs. Alice McCarten, 55, of West Haven. The coroner rules, however, that the negligence on the part of Mrs. Sara LfEstrange Of New Haven, and Mrs. Rose Terlaga of Ansonia, was not "gross or criminal. He expresses regret that the two women cannot be charged with violation of a new statute, which covers ordinary negli- Eence in automobile homicide cases, pointing out that the law did not become effective until July 1.
 The collision was one of series of several at the busy Prospect in- tersection. Witnesses disagreed as to who was at fault.
 Mrs. McCarten, a passenger in the car driven by Mrs. L'Estrange, suf- fered extensive injuries. She died at Waterbury hospital June 21.
 M Coroner Hennessy says that Mrs. .Terlaga, who allegedly failed to obey a stop sign at the intersection, had a less degree of culpability" than Mrs. EEstrange, but that the latter failed to look to her left as she entered the intersection and failed to diminish her speed
 He adds that handling cases in- volving negligence not sufficient to be called gross and criminal" has been difficult, but that it should be remedied by 1941 statute. How Ever, the statute, which provides penalties for ordinary negligence in homicide cases, did not become law until July l and the women cannot be charged with any violation of it.. Coroner Hennessy says in his finding:
 On June IS, 1941, at about Ills P. M, Daylight Saving Time, de- ceased, Alice McCarten, was 8 passenger in the front seat of a Chevrolet sedan automobile being operated by Mrs. Sara L'Estrange in a northerly direction on the east erly side of Route 69, approaching Route 68, which intersects and crosses said Route 69, in Prospect. At said time Mrs. Rose Terlaga was operating a Ford sedan in an east erly direction on Route 69, ap- preaching the intersection there were of said Route 69. The two automobiles collided on the easterly side of Route 69, the front of the LEs&range car coming in contact with the Terlaga car. Each car performed half turn after the inn pact, the l. L'Estrange car coming to a stop in the northeast quarter of the intersection and facing south- erly, or toward New Haven, the di- rection from which 1t came, and the tTerlaga car in all open lot and facing westerly.
 The LEstrange car entered the intersection at speed of about twenty five miles per hour and the operator did not see the Terlaga automobile until almost upon 1t.
 As to the speed of the Terlaga car, which entered the intersection at the left, there is conflict in testimony. The occupants of the Terlaga car, of whom there were five besides the operator, testified that they stopped at the stop sign before entering the intersection. Two small boys who were passen- gers in the rear seat of the LEstrange car testified that the Terlaga car did not stop at the stop sign and that the latter auto mobile entered the, intersection at an excessive speed The operator Mrs. LEstrange, and her sister, who was riding beside her in the front seat, did not see the Terlaga car until 1t appeared directly in the path of the L'Estrange car.
 Both operators had an unob- Structed view at the intersection and Mrs. LEstrange's failure to see the Terlaga car in time to have avoided the accident is due to the fact that she did not look to her left before entering the intersection It is the contention of Mrs. Terlaga that she looked to her right along Route 69 While stopped at the stop sign, and that she saw the L'Estrange car a considerable distance away and that she then started across the in- terSection in the belief that she had time to cross.
 Both operators were negligent in entering this intersection, Mrs. L'Estrange in failing to maintain a proper lookout and Mrs. Terlaga, considering the evidence in the most favorable light, in failing to grant the right of way.
 Tn the light of the testimony of the passengers in the L'Estrange car that the Terlaga car failed to stop at the stop sign, the degree of Culpability on the part of Mrs. Ter IAga exceeded Mrs. LEstrange's. However, all the evidence before me, viewed in the aspect most unfavor- Rble to her or on the basis of the testimony that she proceeded into