The Waterbury Democrat., 1945-09-14

way.
 "As said motor bus proceeded east erly along East Main street ant approached Knoll street from thu west an automobile driven by Mar lon Blewitt, living at 1924 East Mari street, was moving west on Eas Main street. Marion Blewitt indi' cated that she was turning to hei left or south Into Knoll street Hay. Ing so indicated she brought hei car to or near to @ halt ct or neal the center of East Main street, at ( point opposite q weSt-bound bul stop of the Connecticut Railway and Lighting Company. Three cars pass. cd Miss Blewitt going east, The first two Of these were passenger cars The third, the motor bus operated by Leonard. The distance between the second of such indicated pass Songer cars and the bus was Buffl- cient so that Leonard saw the Blew 1t car in the highway and saw Miss Dlewltt indicating her intention of going south.
 "T'here IS Q great conflict of test imony aS to whether. the bus came to an actual halt at the westerly corner of Knoll street. There Is no conflict that If it did not stop it slowed down considerably ct said west corner.
 "The bus then proceeded from this westerly edge of Knoll street eX- tended Into East Main street to tho above described eroSSwalk running from Anderson school to 1924 East Main street,
 "At said time and place said David Michael Kinney, resident of bl Plank road, and e member Of the Church of St. Peter and Paul residing south of East Main street on his way home from ten o'clock Mass, either within tho confines oi said cfogsWalk or not more than four feet east thereof, left the Flortherly curb in front of Anderson school and proceeded to cross East Main street to the south.
 Witness
 "At approximately this same mo. ment one dervaee Malaney had parked his car on the northerly side of East Main street. The Malaney car was one of two cars and the more easterly of such two cars parked east of the crosswalk and between the cro@Walk and South. mayd road. Malaney left his car from tho left side and proceeded along East Main street toward the croSSwalk. As Malaney started to cross East Main street, he too to the east Of the croSswalk, young Kinney passed Malaney 2 feet to Malaney'S right, walking. At this moment Malaney in tho highway saw the bus and called to the child Hook out for that bus"
 "Malaney saw the bus from the time it left the westerly edge Of Knoll street until it struck the Kim tley boy east Of the croSBWalk. No object capable of marring the drivers vision Of this boy was in the highway when the bus was at the westerly edge Of Knoll street. No object at any time capable of marring tho drivers vision Of the boy passed between the bus and the boy after the bus left the west side of Knoll street and until it struck the boy east Of the croGwalk.
 Open Vision
 Tn the distance from the vest erly side of Knoll street to the point Of contact east Of the cro8walk the driver had nothing to fnarr his Vi- sion of the boy or Malaney in the street.
 "At the time the bus approached said Knoll street Leonard was aware that there were crowds of people on the northeITy side Of East Main street. He had driven on this route for some time. He knew Of the pres- ence on Southmayd road Of the Roman Catholic church. He knew at this time on Sunday mornings crowds do come down Southmayd road and do cross East Main street at this point. As c factual matter, three boys--Richard Geary, Robert deary and Edward Greenland act- ually just crossed East Main street and were in varying positions on the southerly side of East Main street. one about to leave the actu- al crosswalk and step up on the curb; another somewhere between the easterly side of Knoll street and the crosswalk, and the third. about to enter Blewitts store on the east erly side of Knoll street and the southerly side of East Main street.
 T rnd no excessive speed.
 Negligence
 Tn spite of no excessive speed I ind that said Leonard -as negli- gent in the operatoin of said motor vehicle in that he admits that at no time did he see anyone in the