The Waterbury Democrat., 1941-08-19
First Ruling Here
 Under New Statute
 Made Cause Arrest
Deputy Coroner McNff Finds No Criminal Liability on Part of Operator; Points Out Indictment
 Under Law Recently Enacted

Finding that Y. Martin DofE of sAI Court street, Middletowll, driver of the car that struck an 86-year old resldert of Prospect, Halsey Steele Clark on August 2, causing his deatn Rh0rtly thefeafter. was not guilty of gross neRila ence within the mean ing of the statute on automobile hornicide.D Coroner William B. Hem negsv nevertheless asserted in his ludueSt released today, that he found the MiddletOwn man guilty of neg
 igence fin the ordinary meaning of the word".
 The opinion of the coroner was stated after he had examined the following eight witnesses: Albert II. Allen, Prospect police officer; Nor man N. Davis, attached to the state police department; Alta w. Dohl, Harriet l.. Dohl and F. Martin Dohl, all oe Middletown; Arthur w. Kathan, Jr., Prospect: Anton M. Nelson of the state police depart ment: and Marshall Scholar of Prospect.
 According to the coroner's finding, Clark had alighted from a car op- erated by the witness Arthur Kathan, Jr., and proceeded to cross the Prospect Union City highway when he was struck by Dohl. Cor Oner Hennesy maintains that vision was clear for a distance of 400 feet from where the accident occurred in spite of rain that was falling at the time.
 Dohl was travelling at about 30 miles per hour, and applied his brakes about 70 or 50 feet from the scene of the accident. His forward momentum carried the vehicle about 30 feet beyond the point of impact. and the deceased was picked up and borne along on the front bumper against the radiator.
 The text of the coroner's finding is as follows:
 "on August 2, 1941, the deceased walked north from the Southerly side of the Prospect Union City road across the road in front of premises occupied by 8 family named Scholar. When he reached . point near the northerly edge of said road. he was struck by 8 car owned and operated by F. Martin Dohl who was travelling in wester- ly direction. The deceased was thrown violently to the ground, suf- 3ering many contuSionS and lacera- tiona and fractures of the right pubeS and iSchium, the ninth dorsel vertsbroe, with contnSioas of the cord and a lacerated urethra, from which he died at St. Mary's hospital within short period of time.
 The highway, at the point where the accident occurred, consisted of gravel set in macadam and was ap- proximAtely 8 feet wide, and there was clear vision from the east to the point of the accident of at least four hundred feet. The road was wet ct the time and it was raining. Mir. Clark got out of motor vehi- cle driven by Arthur Kathan, Jr., on the south side of the road and proceeded to cross to the northerly side as Kathan drove away toward the east. Clark continued across the highway and was seen, or could have been seen, by Dohl when Dohl was a considerable distance to the east. Kathsn had reached 8 point at least 150 feet to the east of the place where Clark was crossing the road when Dohl passed him going in g westerly direction. At approximately that time Dohl could have seen Clark ahead Of him on the high way in the act of crossing it. There is slight turn to the left in the direction Dohl was proceeding. and Dohl continued in a straight course coming to stop at the northerly. edge of the road with the right