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; h i pil e met a buggy and was: crashed into by another automobile which turned out from behind the buggy. ~ His Honor mentioned the fact adge | that if the jurors were to believe The Unusual Gifts, un in character, that will please the recip~ ient, Gifts of. the better quality, - vea- sonably priced, Gifts from 28¢ to $8 Felt Bros, o| of negligence to consider, p| the story of the defendant that :|he was forced out to the cemtre of the highway, there is the Joint en there was also the point of ele- ment contributing to negligence to be accounted for, "It is up to you to say whether or not there was room for the defendant to Here His Honor vemd the of the Ontario Highway Act in which it states that no driver shall pass another veh- icle on a highway until the path in front is clear, There was also the statement made by the traffic 'officer and other witnesses to the effect that on the night of the ac. cident, the defendant is alleged to have stated he was at fault and pass." the accident as outlined in the evi- dence. He mentioned particularly the different weights of the cars. the heavy Chrysler and the light Chevrolet. Mr. Heyd thought his client had done everything in his power to aveid the accident by ap- plying the brakes when he noticed the buggy, . Mr. Richardson pointed out the rules of the highway as stated in the "Act, Widner's remarks that he "practically stopped," were also stressed, and the fact that the de- fendant is alleged to have uttered words to the effect' that he was to blame for the 'accident, "What § man. says then 1s more likely to be the truth than what he says now, afier plenty of time for pre- paration," counsel said. Ending demned the reckless driving hab- its of some motorists, The defendant, Widner, conelud- noon fom, it merely consisting entirely to blame for the aceident. His Honor alluded to the fact that the defendant in giving his evi- dence denied making these state- ments, Oonflicting Evidence "There is a conflict of evidence here," said His Honor, 'Ana it 1s for you to tell who is telling the truth." Here His Honor stated there was the veracity of the evi- dence of the defendant and the plaintiff to be considered. There was a possibility that the aerend- ant dn his excitement forgot what he was saying, The proportion- ment of damages was next consid- ered, The plaintiffs were represented by C. Richardson, of Toronto, while L, ¥. Heyd, K.C., of Tor- onto and Louis 8, Hyman, of Osh- of cross examination, Mr. Thomas Jones, father of Widner's partner, tol! of heing a passenger in the car on the night of the accident, He swore he did not see the light said to be at. tached to the buggy, due ue thought to the rays of light fien their automobile, Querried by de- fence counsel, Mr, Heyd, as to what was done, witness sald the driver applied the brakes and the car came to a stop. The Widner car was in the centre of the roaa and the approaching car (Bath's) was about 60 feet away, The voul- sion followed and the Widner car was facing a north-east direction. The Bath ear was facing south- West in the. Wilson driveway. Photographs showed the location his argument, Mr, Richardson con-! ed his evidence early in the after-' fei] i i Heit EH speed the car was travelling, at a rate of 26 to 30 miles. Tn exam- ination, witness sald he told the driver to take his time as there was all night to make the trip. He said he was watching tra- fic coming west and did not mo. tice anything until he saw the buggy ahead of him, when the driver first a his brakes, it was a distance of 30 feet away from the buggy and it took about ten feet to stop, thus leaving, wit- ness swore in his examination, » distance of about 20 feet. Asked as to the motion of Widner's hei at the time of the accident, wit- ness sald the vehicle was practl- cally stopped. Witness stepped' the distance between the cars the night of the affair and put a steel tape on it the morning before the police court hearing. Driver Applied Brakes Mr, Walter Jackson, an emplove of Mr, Jones and also a pr ger in the car on the night of tie accident, sald the lights. on the car coming towards them attraet- applied his brakes, when the latter object was about question him further. Cross examined, Mr, light on the buggy, were applied, with highway trafic officer Reid. the accident about five minutes sald the Chevrolet was north side of the highway, Cr 'or on the north east. "Have you any idea of the dis- tance hetween the cars when you on the found them?" ed his attention and then he felt the jolt of the car when the driver There was no attempt made to pase the bugey. |¥ He noticed the light on the buggy 20 feet ahead, Mr, Heyd did not Jackson told Mr, Richardson he saw the and the car lurched to the left when the brakes He did not near any conversation between anybody A neighbor was on the scene of after he heard the crash, Witnuss The 30 feet." "That is your estimate of it?" Yes. Witness gave evidence to show r|the distance from the edge of the highway to the steep part. He al- so mentioned it is a common ve- currence for cars to leave the Kx Testifies Mr, Sykes, engineer and archi- tect, who made an examination of the sceme of the accident, called by,the defence, described that por- tion of the road 16 the slope. There is a distance there of about § feet. The top is made of gravel, covered with grass. Saw a car drive over it yesterday morning, and at noon todyy a large McLaughlin car passed over it. The car sank down, at a speed of ten miles an hour, to a depth of about an inch and a half, Asked what effect the car travelling 25 miles an hour would have been on location of cars after the accident, witness sald: "I would say the Chevrolet car would go into the ditea some distance, depending on how much of the ear was struck. The Chev- rolet would glance and probably slip along on the pavement. Mr. Edward Tourney was go- ing to Oshawa on the night in Question, He sald they had just taken one of the persons into the - | highway. car. Cars, he said, were passing both ways, there being room pe- tween the cars. The Chevrolet was partly on the highway, he sald, W. Babington, Toronto motor mechanic, since 1906, was called by the 'defence to give expert evi- dénce. "It looked as though 2 railroad train had hit it," said witness im answer to a defence question of how the car looked af- ter the impact. He gave evidemce showing the damage dome to the Chrysler car, A tire was identi- fied by the witness as being om the car which figured in the eol- lision. Had the Chrysler been go- ing 35 miles per hour and came in contact with the light Chevrolet, the last mentioned car would have capsized and been thrown off the highway, Discussing items on the accounts rendered, witness said the chassis could be repaired as good as new for $420, The chassis of the Chevrolet was turned at right angles and he didn't think It would have been possible had the Chrysler been going 35 miles an hour. H. Jones, one of the defendants in the action, a partner in the garage, saw the car after the ae- cident. He assessed $420 as costs to repair the Chrysler car. Iden- tified photos taken yesterday. Glass, is supplied, he said for cars at $6.50 from a Toremto firm. An item of over $21 was charged for a tire and tube, and witness said these ean be bought here for $16. 75. He admitted the Chrysler had been in a bad accident previous to the recemt ome. The proprietor of the Davidson Garage here, testified as to the ac- count for repairs rendered. CHRISTMAS GREETINGS RY TELEGRAPH OR EXPRESS ' The Canadian National Tele- graphs place at your service their wonderful facilities for the quick transmission of Holiday Greetings. A special staff is engaged during the Christmas rush in order that transmission and deliveries may be quickened to the highest point, A very attractive design of message form is being prepared for the holi- day season, The Canad'an National Express offers the best vehicle for the safe and swift transport of Christmas gifts. That particular feature re- celves special supervision at holi- doy time, and this in itself is a guarantee of efficient service. Re- member that a Canadian National Express receipt will protect you ad will ensure complete satisfac- tion. Canadian National solicits your 'AGE TWENTY-SE patronagd for every brameh of public service utilities. Every fort of each is centred the effictent performance of Nis! her duty, and those . who Bl their business in the hands great merchandising © may best 'assured that receive the full value for expenditure they may make that measure of persomal inten which is the true complement perfect service. THE SAME OLD PE | .. 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