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Page § . THE HAILEYBURIAN 929) iasleard Man Gets Damages in Claim Over Motor Crash A. D. McArthur Assessed $400 and Costs by Jury in Suit Brought by Ernest Frisby as Result of Collisiin Near Here More Than Judgment in favor of the plain- tiff to the amount of $400 was awarded E. Frisby, of New Lis- keard, by a District Court jury before Judge Hartman yesterday afternoon at the conclusion of suit for damages instituted -by Frisby against A. D. McArthur of Haileybury. The case was the sequel. to an automobile collision near Moore's Cove on October 28th, 1928, when a car owned by Mr. McArthur was in collision with a car owned by Mr. Frisby and driven by the latter's son. An interesting point: was. tais- ed during the action by admission of Garfield Frisby that he did not hold a driver's license at the time of the accident. This fact was elicited by J. A. Legris, counsel for the defendant, during cross- examination, despite objections on the part of W. H. Walter, counsel for the plaintiff, who maintained that absence of a driver's license would not neces- sarily be regarded as negligence. Judge Hartman permitted the admission to stand in the record but pointed out that while failure to possess a driver's license would rendér the driver liable under the Highways Act it did not out- law him in the action. * Commencing on: Tuesday after- noon. the trial continued through- out Wednesday, the jury retiring to consider their verdict late on Wednesday afternoon. Conflict- a Year Ago l'on businéss: He denied that he 'was driving at excessive speed jas he approached Moore's Cove 'and denied that he had lost con- 'trol of the car at any time. He claimed that the Frisby car, ap- 'proaching him, was travelling "very fast" but refused to com- -mit himself as to its probable rate of speed in ternis of mileage. He contended that the collision took place because Frisby's car occupied more than half of the road and that he endeavored to avoid the accident by applying his brakes and skirting the em- bankment on the east side of the road. At the moment of colli- sion he claimed that his car was travelling at a lower rate of speed than the other and that the front of the other car, at the left, struck his car, swinging it around so that his car was lying across the road, while the Frisby car went into the ditch. Raoul Bertarnd, who had been driving from Haileybury and reached the scene of the accident a few minutes later, claimed that he saw the tracks of McFarlane's car on the extreme right-hand side of the road for a distance of thirty feet back of the point of collision and said that it was evi- dent the brakes had been applied. In his experience as a_ garage mechanic he contended that Mc- Farlane's car, being the heavier automobile, must have been tra- velling slowly and must have been struck by the other car in ing evidence was given by the principal witnesses, and in_ his charge to the jury, His Honor pointed out that it resolved itself into a question as to which of the separate versions of the ac-|witnesses who reached the scene cident they were to believe. lof the accident According to Garfield Frisby|were moved out of the way. The and his companion, Russell Mc- | plaintiff was claiming $400 dam- in the|ages for the cost of repairing the Neil, who was with him car at the time and "in charge of the car," they were driving from New Liskeard to Haileybury at 3 p.m, on the afternoon of Sun- day, /October 28th, 1928. As they approached a culvert south of Moore's Cove they saw the de- fendant's car, which was driven by Wilmot McFarlane, of Hail- eybury, coming toward them. They clheimed the car was being driven at a high rate ot speed and that its Gourse was erratic. Each claimed that Frisby took to the ditch to avoid a possible collision and that the Frisby car was not travelling at a rate of more than 20 miles an hour. They said that the other car veered toward the embankment on the east side of the road, then suddenly plunged toward them, the cars meeting at an angle. After the crash, the car driven by McFarlane was di- rectly across the road and the Frisby car had been pushed far- ther into the ditch. According to McFarlane's story as related on the witness stand, he had obtained the car from Mr. McArthur's garage for the pur- pose of driving to New Liskeard order to leave the two cars in the position in which he saw them. Evidence was given by various before the cars car, and $100 to reimburse him for losing the use of the auto- |mobile since the accident. The |Frisby car, it appeared, had not |\been repaired. The estimate of damages was made following an linspection of the car,in the yard of a New Liskeard garage during | the spring,.some five months af- |ter the accident. Mr. McArthur, jin his counterclaim for $500 dam- jages to his car and $200 for fin- lancial loss incurred by losing use ee the automobile for the remain- der of the season, said his car lwas again in running order hav- jfor a week or two, and is in 'charge of the express office at \the T. & N. O. station. | James Murray in "The Shake- The regular monthly meeting down" a thriller at Broadway of the Women's Missionary So- Theatre Wed., Thurs.' next. jciety of the United Church will == 'be held on Thursday, December Coming Paramount's new sen-!12th, at 3 p.m. at the home of sation, "Four Feathers" nothing; Mrs. Somerville, Blackwall St. but stars in cast. Xmas week. | Social and Personal ; ¥ | e regular monthly meeting BORN--On Friday, November' of the eiemenant Ores Baie 29th, 1929, to Mr. and Mrs. Chas. sion Circle of the Baptist Church Austin, Georgina Avenue, |S be held on Thursday, Decem- daughter. ' \pr 12th, at the home of Mrs. John Hendry, Albert Street, at 3 p.m. BORN--On Monday, December | 2nd, 1929, to Mr. and Mrs. J. B.! E. Proulx, twin boys, Jean Claude} and- Laurence. Mr. John Hendry Sr,, Albert Street, suffered rather severe 'frost bites to séveral of his fing- Mrs. C. W. Tully left last!ers during the cold snap last Thursday evening for a couple of week. The injured members are weeks' visit' with her sister, Mrs.\healing up nicely and no serious W. Ci White; at Bruce Mines, consequences are expected. Raoul Bertrand, who has spent the past few months at Noranda, ' Que., arrived in town at the week end for a visit at his home here. C. H. White and M. J. Dunn, of the C.P.R. at North Bay, were in Haileybury this week as witnes- ses in a case being tried in the District Court. In Memoriam In memory of our beloved son, Elmer George Whorley, who de- parted this life on December 2nd, 1928. \ Deep is the grave where our dar- ling is laid, Sweet are the memories never shall fade. Leaves may wither, flowers fade and die, But to forget him, never will I. that Tonight, the last showing of "Noah's Ark." If you failed to see it, don't miss your last op- portunity. Take it from us, it's --Father, Mother and Brother great. Broadway Theatre. Mrs. M. J. Foster arrived home on Sunday after a visit with her sister and other relatives in De- troit, Mich. Mrs. Foster was accompanied by her son, Gary. awccees O CHURCHES | The United Church Rey. D. A. MacKeracher, B.A., Pastor Mr. R. H. Unwin, Organist and Choirmaster. William Collier Jr., in "The Bachelor Girl" with Jacqueline Logan; also last episode of "Tar- zan the Mighty" at Broadway Theatre, Friday and Saturday. 11 a.m., 7 p.m--Public Worship. 2.30 p.m.--Church School. Fri., 8 p.m--Choir Practice. Watch for announcement of Catholic Girls' Club's tea, pro- duce and novelty tables at --the home of Mrs. Geo. T. Smith, Georgina Avenue, on Saturday, December 14th. Salvation Army Sunday Morning Service at 11. Sunday Evening Service at 7.30. Sunday School--2.30 p.m. Tuesday, 8.00 p.m.--Prayer Meeting. Friday, 7.15 p.m.--Junior Meeting. 8.00 p.m.--Y. P. Legion Meeting. Saturday Service at 8 p.m. Wednesday, 8 p.m. -- Public Meeting. The Baptist Church A. PRICE, Pastor Sunday Services at 11 a.m. and p.m. Sunday School at 2 p.m. Prayer Service, Wednesday at 7.30 p.m. : Lois Moran and Warner Bax- ter in "Behind That Curtain" a thrilling Scotland Yard mystery drama; also another popular Co- legians at Broadway Theatre on Monday and Tuesday. Alvin Leach, of Timmins, | reaye« > lieving agent of the Canadian Na- rate of speed and that the was beyond his control. Questions were submitted to car \ing been repaired at his own gar- jage. Examined by Mr. Legris, the} \driver of the Frisby car, Garfield | Frisby, admitted being involved} jin an accident two months pre-| |vious to this collision, in which a| | little girl had been hurt. and ad- | |mitted having paid the hospital | | bill. This fact was stressed by |defendant. counsel in alleging | |negligence. Plaintiff's counsel, | |however, contended that McFar- liane had been negligent in that | he had been travelling at a high OVERCOATS > SPECIAL THI JAP. GIBBONS| Phone8 MEN's WEAR _ S WEEK-END the jury by Judge Hartman for consideration in enabling them to arrive at a verdict, covering their opinion as to the compara- tive negligence or carefulness of each driver and the degree of negligence should each be found to have been at fault. Albert Gospel Hall ALBERT STREET Sunday. School ...... 2 p.m. Gospel Meeting ...7.00 p.m. Bible Class, Thursday, 8 p.m. it Pays for Itself GENERAL@) ELECTRIC Refrigerator By maintaining a temp ly below 50 degrees this refrigerator keeps food healthfully fresh. Let us give you positive proof that a General Electric Refrigerator actually pays for itself. Let us demonstrate the hermetically sealed mechanism, freezing regulator and other features. Not one of the 300,000 owners has had to spend a dollar for service. -- ER-242XX ( Easy Terms Arranged Si Pl FOR SALE BY " _ Canada Northern Power Corporation Limited Controlling and Operating'. Northern Ontario Power Company Limited Northern Quebec Power Company Limited Busy Corner Great Northern Power Corporation, Limited Guaranteed by CANADIAN GENERAL ELECTRIC CO., Limited He Die i tional Express, is in, Haileybury MacLEAN'S Bs THURS., DECEMBER 5th, 1 Christmas Shopping Our selection of Gift Goods makes your' Christmas Shopping problems easy of solution. Come in and see our large assortment of ; JEWELRY WATCHES SILVERWARE CUT GLASS CHINA STATIONERY - LEATHER GOODS WATERMAN PENS DESK SETS WAHL PENS. us A. W. SANDERSON: JEWELER AND STATIONER Headquarters for Victrolas and Victor Records SPP eTT TT? BRING RESULTS °S ( There's a Real Silk Hosiery rep-|\Good Bushmen and Pulpwood resentative in town carrying aj Cutters wanted as soon as pos- THESE WANT AD'S full winter line of men's, ladies'| sible. Apply The Ontario Gov- and children's hose; also new-' .ernment Employment Office, est spring styles and colors. __Wallace Block, Cobalt. Sethe Phone 283 35-1-* 'For Sale--One Combination Hob- For Sale -- Victor Orthophonic; | bies' Lathe and jig saw. Apply also kitchen stove. Apply three! _to Box 56, Haileybury: 35-1-* doors north of new Hos Dt ee Wanted i Girl) en Woman. foe is { general housework. Apply to Mrs. A. J. Anderson, Rorke Ave. North. : 34-t.f Wanted--Maid for general house- work. Apply to Mrs. B. V. Harrison, corner Brewster and Probyn Streets. 35-1* For Sale or Rent--Six Roomed house on Ferguson Ave., op- posite Convent. Apply to E.| ee A.L. Herbert, or phone Simard. 34-46! ------ Shells F 'For Sale -- Victor Gramophone. House to Rent--Six Rooms, El-) it, 22 records, all in first eek For Rent--Bungalow on Latch- ford Street; worth $35 per month; will rent for this win- ter at $15.00 per month. Apply liott St., furnished or unfur- i ye : nished. Box 436 or Phone 311 53500 pete e won at Haileybury. 28-t-f.) Court House, Haileybury. 35-16 For Sale --on_ Latchford; For Sale--Nordheimer Piano, in Street, a five roomed bungalow! with all modern conveniences. Large living room and_ sun- room. Apply to J. M. Philip, : 283 Snowden Ave.. Toronto.;To Rent--8 Roomed House on i Latchf ; 7 ] For Sale -- Well-built, Modern, Cotes: Pherae ae "Shatter house in excellent location; 6-} jury room and 10-ft. enclosed feet es ae andah. Housing Commission! For Sale--Six Roomed House on and terms. Mrs. D. W. Cam-| Blackwall Street; all conveni- perfect condition, walnut case. Apply to Mrs. D. W. Cameron. Phone 345. Hailevbury. Se atl aeeeag ree cider iia ae ea BUSINESS and PROFESSIONAL CARDS } Frederick Elliot BARRISTER agd SOLICITOR Ontario and British Columbia INVESTMENTS, LOANS, ETC. GIBSON BLCCK, HAILEYBURY W. A. Gordon, K.C. BARRISTER. SOLICITOR and NOTARY PUBLIC MYLES BLOCK, MAIN STREET HAILEYBURY, ONTARIO Edwin W. Kearney BARRISTER SOLICITOR NOTARY PUBLIC GIBSON BLOCK HAILEYBURY Telephone No. 10 EL. Smiley KG: BARRISTER, SOLICITOR, NOTARY PUBLIC CROWN ATTORNEY K. M. Stephen Life, Health, Accident, Fire, Automobile INSURANCE The Mutual Life Assurance Co. of Canada The General Accident Assurance Co. of Canada Several First Class Fire Companies Probyn Street HAILEYBURY Phone 322 JACK CARTER Life, Health Accident Automobile INSURANCE Canada Life Assurance Company Corner Probyn & Brewster Phone 435 Dr. J. Dunn VETERINARIAN' AND SURGEON Contracts Arranged Office--Symon Office Phone 183 Residence--J. Lever's Phone 113 NEW LISKEARD, ONT. Dr. Gordon F. Jackson Conrt House Main Street Haileybury PHYSICIAN and SURGEON (Gy ise Wise 131 Bloor St., West BARRISTER SOLICITOR TORONTO NOTARY PUBLIC Telephones : Office---Kingsdale 5748 Residence--Hillerest 2333 Dr. R. H. O'Neill Bank of Nova Scotia Building HAILEYBURY, ONT. ~ PHONE 360 Eric E. Smith PIANO TUNING DENTIST Practical Instruction in Violin Playing Liggett Block Main and Ferguson i HAILEYBURY given at your home VIOLINS SOLD AT REASONABLE PRICES BOX 556 NEW LISKEARD -R. H. Unwin ' (Organist United Church, Haileybury) MUSIC INSTRUCTOR ORGAN, PIANO, VOICE, THEORY 110 MAIN STREET Phone--Office 11, Residence 132 Dr. W. R. Somerville DENTIST Bank of Nova Scotia Building MAIN & F2RGUSON HAILEYBURY Barrow Sign Service SHOW CARDS SIGNS, POSTERS TIMMINS HAILEYBURY Canadian Legion HAILEYBURY BRANCH No. 54 Meets in Club Room on Browning Street First Wednesday of each month at 8 p.m. ALL RETURNED MEN WELCOME COBALT G. W. PERRAM ACCOUNTING and AUDITING ~ MACDONALD BLOCK, HAILEYBURY Telephones 63 and 313 Belleville Assay Office 257, Bleecker Ave., BELLEVILLE, Ont. Assays and Analyses of Ores, Minerals and Metals. ~~ Mining Properties Examined Saxton Electric - Blackwall Street Phone 243 and Reported on. Samples sent by Mail ELECTRICAL SUPPLIES OF ALL KINDS or Express will receive prompt attention CONTRACTS ESTIMATES 28-té