The Bridgeport evening farmer. [volume], December 14, 1909, Page 4, Image 4

About The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917

Image provided by: Connecticut State Library, Hartford, CT

                
4.
THE FARMER: DECKMI3EK 14,
IMPORTANT DECISION BY
JUDGE G. W. WHEELER
EZJ
REGULAR OVERCOATS
"Regular' in distinction from unconventional
novelties. They are 42 to 44 inches long for men of
medium size.
Probably BO per cent, or all fine Overcoats are "regulars." Thla
Is the true popularity. 1
The Medium Overcoat is suitable for all occasions. It's a fall.
boxy-ami comfortable length.
Cheviot and Kersey In Black and Oxford. $10 to $28.
HUB CLOTHING HOUSE
' MAIN AND BANK STREETS
. TRIMMED , 'MILLINERY f
fc A BEAC1TFCL ASSORTMENT TO SELECT FROM AT n
Xr special prices :
IW. E. HLLIGAN ?
,n ass;.
&UlMlUUUUUUUMUiUlUlUUUUlUUUUUUlUlUUUIUUlii
.-SPECIAL
.... " " V .
Wednesday, Dec. 15, '09
Sirloin Steak, 12 l-2c lb.
BAKERY DEPARTMENT
Duchess Cake, 8c each
DDinnCDflDT PUBLIC MARKET
UlllUULIUni AND BRANCH
Public Market Building
State and Bank Sts. '
East Main St.
Geo. B. Glarfct Co.
Ranges and Heating Stoves
AGENTS FOR CRAWFORD AND STEWART RANGES
Largest Assortment in the City to Select from
THE DAY LIGHT STORE
1057 TO 1073 BROAD STREET
- Opposite Post Office
' v SUGGESTIONS FOR CHRISTMAS PRESENTS
V: ;l FUR AND FUR LINED COATS s .
r - SHEEP LINED COATS
FUR AND FUR LINED GLOVES
' AUTOMOBILE AND DRIVING GLOVES
TOR AND 'PLUSH ROBES (Automobile and Driving)
RUBBER AND OIL C0AT3
"RTJBBERHIDE" BOOTS
HARNESS, BLANKETS, WHIPS, HORSE AND
STABLE GOODS
:" TRUNKS, BAGS, DRESS SUIT CASES
... AND STEAMER RUGS i
SWEATERS
185-207 MIDDLE ST.. BRIDGEPORT, CONN.
FINE Wines and Liquors
BRIDGEPORT DISTRIBUTING CO.,
- 102 STATE STREET, NEAR PUBLIC MARKET
California Port or Sherry, 75 cents per gallon.
Port, Sherry, Tokay, Muscatel, Rhine Wine, etc.
Full quart Sherwood Rye Whiskey, $1.00.
Cookincr Brandy, Liquors, Cordials. Ate and Laerer Beer.
, ' Free Delivery. Telephone 264-3 '
BRIGHT,SNAPPYJl;CKYEAR,NewEveryWeek
This week,a swell line of Cross Stripes 50c. Look them over
KERR & BURNES
Denies Motion of Railroad Company fo Set As!de Yer-
d!ct of S5,0C0 Where Han Was Killed at Cross'ng
Cr.'t'c ses Lawyers for Seck'ng Non Suits in , Cas:s
L;k2 ths Tn$ent Sucli Motions Are Often Without
Regard to Reason, Judmrnt or Justice and Teni to
Create Distrust in the Mi l J of the Trier.
Judge George W. Wheeler has de
nied -the motion made by counsel (or
the Iew Haven company to set aside
the verdict of 15,000 given by a Jury
in the Superior court upon the suit of
Attorney Caleb A. Morse, of New Ha
ven, representing James H. Elliott,
administrator of the estate of the late
Charles Perro, who was killed some
time ago by a New Haven road engine.
In his decision. Judge Wheeler takes
occasion to criticise attorneys for 1
making motions for non-suits, motions
to direct verdicts, and motions to set
aside verdiots, declaring that often
they . axe made with little regard to ;
reason, judgment or Justice. This he i
declares, tends to create a distrust of
the sincerity of the motion In the
mind of a trier, and sometimes leads
to a hasty consideration. The decision
follows:
A traveler approaching from the
west grade crooning at Bast Litchfield
where the plaintiff's intestate was
killed, cannot see a train coming from
the south uutil he Is within twenty
five or thirty feet of the crossing and
when he can see the engine south
only 221 feet. There is a steep rise
of rocky hill from the railroad loca
tion west, and two rock cuts through
which the track passes not far from
this crossing, and this situation Inter
feres with a traveler approaching the
crowing from the south.
There ars no gates, electric bells or
other precautions at this crossing. -
There were no rules or regulations
of the defendant governing the opera
tion of 1U trains in approaching this
crossing, so far as appeared In evid
ence, other than the duty of those In
charge of the train to give the statu
tory signal by bell and whistle -
The average speed of passenger
trains at this crossing was about 25
miles an hour.
This highway ts the main line of
travel between Torringtun and Thom-aston.
These are all practically admitted
facts In this case. They serve to Indi
cate that this crossing la an excep
tionally dangerous one and one where
great care on the part of the defend
ant was required In he operation of
Its trains. It' was a case where the
Jury migrrt well have found that the
circumstances of danger were so ex
ceptional as to have required the de
fendant In the exercise of ordinary
care to have given more than the stat
utory woming or the approach or the
train; Indeed, t do not understand
how any other conclusion could "have
been reached This is In fact one of
the most dangerous grade crossings
In the state, and while the rules and
regulations of the defendant as to the
crossing of the highway were not In
evidence, it may be that the defendant
has provided for other warning to
travelers than the usual statutory
signals.
But aside from this, the Jury were
Justified In finding negligence from J
Witt IBJlUrV W liW lift mi;
oth-r warning than the statutory sig
nals. '
That a whistle was blown on the en
gine Is a conceded fact, the place
where it was blown Is In dispute, and
the Jury may, on the evidence, have
found that It was blown south of the
whistling post and not thereafter, and
the negligence of the defendant might
have been found from thla
The Jury might have found the en
gine bell was not rung, and the better
evidence supported this conclusion.
Negligence blxht well have been pre
dicated on this.
The Jury might have found the
speed excessive under the situation
existing at this crossing and at least
forty miles an hour.. The fact that
the train was a little late and mak
ing op time, the distance the train
ran after the engineer saw the de
ceased, the distance the 1.250 pound
horse was carried and thrown, made
It clear that the train crew were not
right In saying the speed was the us
ual speed. A conclusion; of negligence
drawn from such a speed under the
circumstances of the case could not
be said to be based on Insufficient evi
dence, ,
The Jury might have found, the
emergency air brakes were not ap
plied, since no one on the train felt
any jar. and no one on or off the train
heard, any grinding noise. nd both
of these conditions appear when a
train Is stopped In sn emergency.
The engineer said he did not see the
deecased until his enelne was within
one hundred feet of the crossing, and
the fireman said he did not see him
until within two hundred feet of the
crossing. From these statements the
Jury might very reasonably- have
found that those in charge of the en
gine were not keeping a reasonable
outlook, since the deceased was ob
servable to one on the engine at a
much greater distance.
These considerations are sufficient to
have warranted the Jury In finding
the defendant negligent and that such
negligence was a proximate cause of
the accident. In my Judgment no
other conclusion was fairly admissible
untfer the evidence.
The plain 'Ifr knew the danser of this
crossing. There was no evidence to
show that he knew a train was due
at about this time and none from
which such inference could fairly be
drawn.
There was evidence that when he
reached a "point where he could have
seen the engine he was looking, and J
i i wus a, imr mieirnco i no. l civ
then listening and did not know of the
approach of the train until he saw It
when his team was about 10 feet from
the crossing snd be from his place
in the wagon about 25 feet from the
crossing. And the Jury might have
found that he used due care In listen
ing and looking and after he knew the
train was approaching. He was in the
possession of his senses.
The wsgon he was riding In made
considerable noise and helped Inter
fere with his hearing an approaching
trian. I
The Jury might have found that had
there been a whistle blown at the
whistling post the deceased would
have beard It.
The Jury might have found that had I
the beH been rung from the whistling
post the deceased would have beard
it.
The Jury might have found that had
other signals than the statutory ones
been observed, the deceased would
have beard or seen them.
And the Jury might have found that
had these been given he would have
topped and thus avoided the acci
dent. He was going moderately and was
In the exercise of due care so far as
his driving upon, the highway was
concerned.
Whether the deceased ought to have
stopped, looked and listened, one or
all. can only be determined when - all
of the surrounding facts are known.
The finding of those facts is for the
Jury; the disclosure of the situation Is
dependent on their finding. , It Is es
sentially a question of fact. The court
cannot place Itself In the stead of the
Jury and find each of the various cir
cumstances which go to make up the
situation adversely to the finding
which might have been trade as to
these circumstances from the evidence
supporting the Intestate's c'alm, and
then draw from these varying cir
cumstances the necesssry Inferences
and conclusions from which It can say
as a mstter of law that deceased's
negligence was a proximate cause of
his death.
If the facts were all determined, a
conclusion might be drawn. But
where the question whether a travel
er shall stop, look and listen depends
upon the situation as It wss then
presented to him and that situation is
made up of numbers of Independent
facts which may or may not be found
according as witnesses are credited
or not there Is no tribunal which can
draw the ultimate conclusion save the
tribunal authorised to find facts and
reach conc'uslons on those facta
The deceased had the right to rely
In a measure on the statutory sig
nals being given of the approach of
a train, the extent that he nad a right
to rely upon these signals being given
depended upon the finding of the sit
uation disclosed by the evidence, the
location and Its dangers, the operation
of the train, the conduct of the de
ceased, and the standard of what rea
sonable care, under the circumstances
presented, required on the pert of
railroad and traveler, and only ths
Jury can ascertain this. And having
ascertained i thla. only ths Jury may
determine ta Importance to the case,
and whether the deceased having i the
right to so rely ought under the cir
cumstances to have stopped, or look
ed or listened, one or all.
' The defendant rests Its motion very
largely on Cottle va N. Y.. N. H. A
H. R. R. Co.. S2 Conn. 144. That case
was a review of the propriety of a
non-suit where the facts must be
found and the -conclusions from those
facts must be drawn by the reviewing
facts are dependent upon the finding
of a Jury. This cannot be said to be
a case where reasonable men cannot
differ as to a verdict for the defen
dant. The fact that twelve men
more competent than the average Jury
In their county reached the conclusion
they did tends to show that reason
able men would agree In their conclu
sions upon this evidence. And the
erperienced trier would be satisfied
that the same case presented to
twelve other Juries would result In a
sf"- v'ct.
Cottle neither looked nor listened
when he reached a point where . he
could hare seen an approaching train.
This evidence permits a finding that
Perro did both. ,
. It is unnecessary to point out fur
ther the difference between that case
and this. Tf the Cottle case he'd as
the defendant claims, it would be In
antagonism to the doctrine which has
been so often emunciated by our
court of the true province of the Jury
in determining the question of reason
able care.
The conclusions reached are some
what hastily stated, but they have
been the result of careful considera
tion impelled to greater care since the
growing practice or motions for non
suit, motions to direct verdicts and
motions to set aside verdicts, made al
most as of course by the defendant
in negligence cases, with little rega-d
to reason. Judgment or- Justice, tends
to create In the mind of a trier a dis
trust of the sincerity of the motion
and sometimes leads to a hasty con
sideration. The motion to set aside the verdict
Is denied.
I
TAILORS and PtTRXIS HEKt
Stratflclil Motel ItulMIng
BlflOHKronT. CONN.
JU T ONE TRIAL
Is sufficient to convince you of the superiority of the work that Is turned
out of this establishment. All work done up here Is done according to
modern methods and under the best sanitary conditions. Tour washings)
given individual attention.
THE CRAWFORD LAUNDRY
S Fa.TRFTFn.n AVEXCK TELEPHONE 2l
Want Ads Cent a Word.
GIRLS' CAPES
These garments are made
from fabrics that art Hgl't in
weight, handsome ' and tlior
nghly waterproof.
RUBBER CLOTHING
Youths Rubber Coats. .. .$2.50
Poys' Rnbbcr Coats 92.50, S.OO
Pots' Cope Cans 75c
Men's Rubber Coats
83 OO to .nO
Light Welsrbt Tan Coats. .ft.VOO
RUBBER TOYS
Rublcr Hall
Rubber Animals ..
Rubber Dolls ....
SPALDINGS
Rubber Footballs
Rn;rbv Footballs. .
striking Hags
Poxing fllotes.
nin sticks. . .
Polo Poll . . .
,!0r to M.OO
. . . 1 5c to "OC
, . . lnc to 50c
GOODS
. . . . . ,4nn up
. . . . . .iv up
, ,...$1.V up
...i. 91.50 up
IOc nrv
25c up
Jaycox Rubber Co.
1012 MAIN ST.
1IKAD CAXXOX ST.
PLANK FELLS F1SHBR.
. WlHam H. Fisher of 1G1S Park ave
nue, was struck by a large plank at
the winter quarters of the Rarnurn &
Bailey circus, yesterday, where he was
employed. His head was deeoly gash
ed, but he was not seriously Injured.
E. If. Dillon tt Co..
1105 Main street, are displaying an un
usually larare line of black and col
ored beaver hets and black and col
ored fur hats In all the newest shapes.
THK PltETTf KMT r.CB.
and the 'moat beautiful hnda are of
ten disfigured by an unsightly wart,
it can easily be removec In a f w jays
wltnout pain by using Cyrus' Wart
Htmovir, for sale only at The Cyrus
Pharmacy. 241 Falrflsld svti.ue U
Cannon tSL
CLEAN KASV. THK BEST HAND
SOAP.
Uuarameed aw. injurs ths sain,
nstantly removes stove Polish. Rusi.
ireaae. Ink. Paint and Dirt- For u;
itndi or clothing. LArge can it canta
Manufactured by Win. H. Winn.
MraMord Ave
Sun rises to-morrow 7:14 s, m.
Run sets to-day 4:25 p. m.
t!ph water 12:00 a. m.
Low water 5:li a. m.
Moon sets 6:59 p. in.
WATT IJH. CENT A WORfX
A CORDIAL INVITATION
is extended to all the friends and
customers to visit our enlarged
store and to participate in the ex
cellent Bargains in all Holiday
lines we are offering during our
i ....
1138 tx 1144 MAIN STREET
From Main to Middle Streets
MS. WOODi PAID
DUTIES OF $10,500
ntTT MRS. CHARLES P. WOODS,
WHO ALSO RETTRXED FROM
EUROPE, BROUGHT NOTHING
DUTIABLE. .1 '
Mrs. Charles H. Wood, widow of a
former prominent carriage manufac
turer of this city, recently returned
from Europe as did Mrs. Charles F.
Wood of 67 Washington avenue. The
former brought back dutiable articles,
so that the government required a pay
ment of $10,500 in duties and penalties.
But Mrs. Charles F. Wood brought
back nothing dutiable. The ladles are
related by marriage. -
' ROBERT LOUIS STEVENSON'
It is rare that a writer even as
greatly and familiarly loved as Rob
ert Louis Stevenson or even F. Mar
lon Crawford, touches that little home
ly chord of humor which vibrates
along the commercial line for years
after, the writer has passed on. Mar
lon Crawford Individualized Italy until
we almost feel ourselves experiencing
his views and sensations); and even
today, his presence, local y sharing It.
Robert Louis Stevenson has. given to
Literature the faculty of taking us to
the South Sea Islands, and even mak
ing us feel that they were not only
his domain, but that he still lives and
Is there with us. ' The Sbb-Tide is
particularly strong In this welcome
delusiveness. Ebb-Tide Is probably
more prodigal In the use of harsher
expressions of the rougher Nomadic
spirit of those weird Islands of Steven
son's times than any other of his
works; but the characters like the au
thor, seem to live.
Stevenson was always homesick and
brief references to old home things
frequently occur In his writings. In
Ebb-Tide on page forty-eight he makes
old Captain Davis, who with his com
panions, has long hungered snd thirst
ed, say "Food? Tea. Beer? Beer
it Is." "Leave me alone," says the
clerk, breaking the necks of the bot
tles with a lump of coral. Then Capt.
Davis rejoins "Beer it la and plenty
of it. Any number of persons can use
it with perfect propriety, like Dr.
Lyon's Perfect Tooth Powder yes. sir.
with propriety and neatness." Some
sticklers for "style" in literature se
verely criticise Stevenson for such ref
erence. He never offered any apolo
gies, however, further than to Inti
mate that he knew of nothing so well
known to the reading public as Dr.
Lyon's Tooth Powder, which really
was like an old friend of the family,
especially families of refinement, even
as far back as Good Friday, 1S66.
act for the benefit of stockholders
who are disposed to co-operate in the
plan to give the company the ablest
directorate it is possible to secure.
REAL VAUDhYILLB
DELIGHTS POLI'S
FIRST NIGHTERS
THE LEADING LADY" SETTS NEW
STANDARD FOR GIRL ACTS
TO FOLLOW.
Barrows, Lancaster A Co. Revive
"Tactics" to Delight of the Regu
' lars Kalmar Sc : Brown's Fine
- Dancing Production Other Favor
fltea. Easily ths best vaudeville bill of
the season for the average theatre
goer attracted enthusiastic audiences
to Foil's yesterday afternoon and
evening. Patrons had to dodge rain
drops and cling tightly to their um
brelias to force their way through the
storm, but once inside the. theatre
they were well repaid. Headed by B.
A. Rolfe's best production, 'The Lead
ing Lady" and teeming with the good
; things of the varieties, the program
evoked applause and mirth unusual
even to the first nlghter with his keen
appreciation of noveity and merit.
Barrows, Lancaster & Co., old favor
ites, Kalmar & Brown, new favorites,
and a supporting bill without a single
mediocre feature, is bound to mane
the theatre the scene of throngs all
week.
' "The Leading Lady" features Mar
guerite Haney, the dainty soubrette
who scored a hit here two seasons
ago as the star of "Paradise Alley."
Miss Haney has been improving rap
idly in the interval. The title of the
musical comedy is not a misnomer for
her. Magnetic pretty, graceful, and
naturally a comedienne, she was an
Instant favorite. It tells the old story
of the earl after the American heir
ess coin. In this case, the heiress
is ony an actress masquerading, but
the outcome is correspondingly amus
ing and unique. Mr. Rolfe has a
complete English company, even to
the ' scenic equipment, and he him
self Is here as musical director of the
act. He has brought to America one
Ralph Lynn, an English comedian of
rare attainments, who is sure to be
comes a notable hero. He is ridicul
ously funny in a way all his own. Ed.
Coleman is a capital character com-
AMERICAN SUGAR REFINING CO.
Very Important changes in the di
rectorate of the American Sugar Re
fining Co. are promised at the annual
meeting ot stockholders on January
12. Instead of re-electing a group of
directors composed for the most part
of officials and employes of the com
pany, it is proposed to broaden the
scope of the directorate ' and take In
men of wide business ability who' will
give to the governing body of this big
corporation the benefit of great
breadth of view.
New England stockholders in parti
cular, who own some 60 per cent, of
the (90,000,000 preferred and com
mon stocks, are to be given direct
representation on the board in the
persons of Edwin F. Atkins and
Samuel Carr of Boston and Edwin S.
Marston of New York. Mr. Marston
is president of the Farmers'. Loan &
Trust Co., one of New York's largest
financial institutions, and goes on the
board as the representative of the
New England Interests in the cor
poration. Mr. Atkins is a practical sugar
man of many years experience wnd
is generally considered as one of the
leading merchants of Boston. His
own sugar investments In Cuba have
kept him in close touch with practi
cal sugar matters for the past 25 or
30 years. Mr. Carr is one of the ac
tive trustees of the big Ames estate
and is to enter the board not only in
the interest of the Ames estate but
as a business nun of wide experi
ence. Another election to the directorate
which has elicited much favorable
comment is thiit of Samuel C. Hook
er of Philadelphia, one of the ablest
beet sutrax men in the country. Dr.
Hooker, who Is a refining expert, has
been placed at the head of the Have
meyer & Klder reflncrv at Williams
hur and is in charge of the thorough
organization of this Important
plant.
A nroxy committee, consisting of
the Hon. Richard olney and 0flmr
Clnpp of Boston and Stephen S. Pal
mer of New York have consented to
edian. Rollicking melodies, fetching
dances, brilliant scenery, pretty 'girls,
clever principals, go to make "The
Leading Lady" a new standard far
the so-called girl acts of vaudeville.
Barrows, Lancaster & Co.. the per
ennial favorites, have revived their
splendidly successful comedy , sketch.
lacucs" and the reception accorded
them last evening should leave no
doubt as to their wisdom in treatinsr
vaudeville patrons to another glimpse
of this delightful playlet. Mr. Bar
rows has become the northerner this
season. Heretofore he was the fiery
oia soutnerner. Mr. Lancaster re
mains as the Annapolis cadet. Joseph
Eggenton and Frances , Golden I as '
Colonel Stafford, C. S. A-, from Texas,
and his daughter, are capable assist
ants. Time only adds value to such
playlets as these. To see them a sec
ond time is like hearing a favorite
old song or reading a favorite poem.
f ortunate indeed were the vaudeville
goers when such artists of the legiti
mate stage as James O. Barrows and '
John (Lancaster decided to ' enter the
varieties. Their reward is written in
yearly, engagements throughout the
leading vaudeville circuits. Their ;re- '
vival of tactics is in response to a
popular demand.
Kalmar & Brown, exemplifying the
poetry of motion in every move, iin- '
troduce a splendid dancing act. There,
are songs, too, but the dancing is the
feature such dancing as only Cohan
and Daxie present. Although handi
capped by their late position on the
bill, they scored a big hit last night.
Bowman Brothers, the Blue Grass
boys, in real black face fun. con- .
vulsed everyone with their original
style of entertainment. One of the
novelties of the act is the exposition
of how the minstrel boys prepare for
the stage. Hill, Cherry & Hill In, a
riotously funy bicycle act closed the
program.' Corlnne Francis, dainty
comedienne, sent an electric shock
through the audience, when at - the
conclusion of one of her demure
singing numbers, she developed a sud
den desire to kick off the top of the
proscenium. When the audience in
sisted that she come back for an en
core, she disappointed the enthusiasts.,
singing the chorus again and elimi
nating the high kicks. Ernie and
Mildred Potts opened the program ,
with singing, dancing and, bas- punch
ing, and the electrogranti, which tia
week has wandered into the middle '
of the bill, depicts something i in
which no one appeared to workjur'
much interest. .
. Furs. ;
See Frank-el's disnlsy of furs. ' Just
the right Wnd of holiday erift. A com
plete assortment to select from. The
prices will suit you. .
The annual election of officers: of
Morris A"ourt. No. 4. Order of Amar
anth, will be held 'tomorrow evening;
Dec 15. at their meeting place in the
LesMng lodge room.
MODEL FOOD MARKET
1'
AND CITY BAKERY i
CITY BAKERY BLDG.
951 MAIN ST.
SPECIAL
For Wednesday
and Thnrsdav
iPOKTiSBHOUSE CTC a 1 I 11V
SIRLOIN I EsIV 12W 1U
I
."Fresh Plate Beef. Be Yh
jl wan aJLaxxxuisU. gbcaik
9c lb
Fancy Long ,
Island Scalops.
25
FREE 10 Stamps with 1 dozen large Sweet
Florida Oranges
FREE 20 Stamps with 1 bottle Maple Syrup
FRETI 5 Stamus with 1 large Loaf Blue Rib
bon Bread
SPECIAL 4 Cans Wax Beans. ........ i . . .
25 Stamps with 2 bottles Ammonia Or Bluing,103 bot.
a. a
C f
n
25c
8c )
25c D
Free Delivery - '
Teiepnone orders receive rompt Attention
-
i