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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (June 3, 1949)
Verdict Goes To Defendant In Moot Trial Despite the testimony of a mem ber of the Eugene police depart ment in behalf of the plaintiff, a jury last night ruled in behalf of the defendant in the fifth moot trial conducted by the law school. The jury brought in a verdict fa vorable to Mr. Charles Foster, who had been sued for damages total ing $249.50 by Hr. Walter K. Rod man. The suit arose out of an automo bile accident that took place on Hilyard street between 20th and 21st streets at 5 p.m. on April 12, 1949. A Chevrolet coupe of 1933 vintage, driven by Mr. Foster swerved into the path of Mr. Rod man's 1947 Ford sedan. The defense claimed that the action taken by the defendant was the result of having a small child pursue a ball that rolled into the path of the oncoming auto. Coun sel claimed that the action was the only alternative left open to Mr. Foster other than colliding with the child. Counsel for the plaintiff held that Mr. Foster was forced to swerve into the Ford because he was going at a speed that was too fast to slow him to a halt within the 60 feet that separated him from the child. They further held that the brakes of the 16-year-old Chevrolet were in no condition to facilitate a stop of the type Mr. Foster was called upon to make. To strengthen the case for the plaintiff, the testimony of Sgt. Elmer R. Bashaw, a member of the Eugene police department, was in troduced. Bashaw stated that there was a 20-foot skid mark which showed the attempt of the defen dant to stop his vehicle. On ques tioning the policemen, the plain tiff’s counsel brought out the state ment that a car going at 20-25 miles per hour could have stopped in time. Two residents of Hilyard street were called into the trial. Testify ing in behalf of the plaintiff was Mr. James Richman, 2026 Hilyard. John Brooke, 2046 Hilyard testi fied in the defendant's cause. Further testimony favoring Mr. Foster was given by Myron D. Spadey, a University law student who was a passenger of Foster at the time of the accident. After hearing Judge Hollis’ closing statement, in which he urged they consider themselves in the place of the contestants, the jury filed out to, deliberate. Fif teen minutes lateer they returned with -.the verdict in favor of the def endant. Attorneys for the plaintiff were Mrs. Marylinn Sturgis, Ralph Johnson, and Harold Johnson. Attorneys for the defense were James Schiller and Roger Dick. Szatrowski Leaves Zenon Szatrowsky, associate pro fessor of economics and instructor of statistics, will leave permanent ly for the University of Buffalo. Szatrowsky has been a member of the department of economics faculty for the .past year. NEED A GOOD SUMMER JOB? Do part or full time selling in Portland or your home town during the summer months. Excellent opportunity Car required Write MR. LINN Eugene Hotel for appt. Lilienthol Answers DAVID LILIENTHAU, RIGHT, chairman of the Aatomic Energy commission, answers questions fired at him by Sen. Bourke B. Hick eniooper, (R-Ia) left, as three-week probe into management of United States atomic energy operations opened before a joint atomic energy commission in Washington. (AP Wirephoto) Claypool’s For Your GRADUATION GIFTS 886 K.13th Phone 1086 DO YOU NEED CARETAKERS FOR YOUR SORORITY OR FRATERNITY HOUSE THIS SUMMER? Contact MR. and MRS. GABBERT PRINCIPAL, CROOK COUNTY HIGH SCHOOL 524 E. Second Prineville, Oregon Flowers tell How Proud You are of her. Send a magnificent Bouquet from... &u $ fl*o m e 13 Hi. & fflTT€flSON STS. CU6£N€ , OREGON TUES-WED, June 7-8 See the surprising answer INTH,S Oh '0emuou&(u imumtina fit(mi "Here is a beast to fascinate a tender maiden!" —NY SUN I m " V -N Y.TIMES V II A Lopert Films Release An Andre Paulve-Disclna Production *8 W. wriH#n and directed by JEAN COCTEAU rKE-iMiri DIALOGUE CASH FOR USED BOOKS THE CO-OP WILL START BUYING USED BOOKS ON MONDAY, IUNE 6th