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HomeMy WebLinkAboutThe Seaforth News, 1950-04-27, Page 4TRE1 SEAFORTII NEWS THURSDAY, APRIL 7, 50 JUDGMENT FOR $10,777.21 - IN ACCIDENT CASE In Suprenc Court, Friday aft ed noon, MI Justice Schroeder aw • total damage:, of $10,777,21 to Lawrence W. Jaeklin, 34, Grey township farmer, plaintiff, against the townships ofMorris and <llullstt, and Geo, Radford, 1311th contractor, Tho damages were awarded as follows: For plaintiff's pain, suffer- ing and loss of earnings, 21,067,25; damages to motor car, 4825; death Of infant soli, $1100; 53,500 in death ei' wife: and 85,000 administration of his wife's estate, awarded fou four children, divided as follows: $1,400 to Wayne: 21,300 to Marlene; 51,290 to Donald and 51,100 to the oldest, Gordon. Costs were awarded the plaintiff. A 60 -day stay was allowed the de- fendants, If they do not conte to some agreement as to liability, the Judge will hear further argument CLEARING Heintzmalt K Co. Upright Grand Piano, guaranteed perfect shape every way Also a Pop Cooler, suitable for garage or restaurant, new .price $275. Special Sale Price $135,00 New 1950 Mercury Half Ton Pick-up, all equipped 1949 Ford Pick-up 1/2 ton truck with stock rack, in lovely shape 1948 Chevrolet Sedanette, with lot of extras, nothing nicer at any price 1931 Ford Sedan, Special Price $110.00 1930 Pontiac Sedan $100.00 1936 Plymouth Sedan $400'00 J. E. Hugill & Sons AUSTIN SALES AND SERVICE CLINTON Phone 784w or 616r34 residence and evidence to decide the amount of L ontrihutlon ent>h will make to- ward the judgment. The action arose out of an ac- eident on Sept. 24, 1949, at 8:45 pan. on rho township line between Hullett and Morris townships, when a car, driven by 'Nur. Jaeklin, ran into a large open ditch under con- struction, His wife and infant son, Glen, were fatally injured, Evidence in the plaintiff's Case was concluded after his mother, 'Mrs, Jaeklin, testified the deceased woman had been an excellent wife and mother. G, L. Mitchell, counsel for Morris township, told the court that evi- dence for the defendants would be a matter of liability and after a short recess, argument was taken on con- tributory negligence. He argued that the plaintiff travelled on the upper beam light at 35 miles, that he ap- proached the scene in a dense fog without slackening speed; that he went into the hole after seeing the shadow without moderating speed, and that he should have been driving at 10 or 15 miles an hour, E. H, Slater, for 'H'ullet township, A PLAY "HENPECKED HENRY" 111 Walton Community Hall FRIDAY, MAY 5th 8.15 PM Admission 40c and 20c Auspices of the Y.P.U. or Duff's Church CNR'S DUPLEX ROOMETTE BRINGS YOU L_ C Wake up smiling! 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By day, lounge in comfort on the soft, restful, foam rub- ber seat ... if you like an after- noon nap, just pull out the bed and enjoy forty winks, Next time you travel, ask Canadian National about du- plex roomettes ... now in service on these routes: Montreal - Halifax Montreal - Toronto* Toronto - Chicago Also on other routes as cars become available. *POOL SERVICE ST NATIONAL submitted the plaintiff had a warn- ing when he saw a darts shadow, and continued at 35 miles an hour,ur> and failed to properly control the car, lin his review of the evidence, Mr. Justice Schroeder stated that the defendant, Radcliffe, was clearing out and extending a municipal drain with the intention of construct- ing a culvert, The work was com- pleted at 5:30 p.m. The gravel road, approximately 17 feet wide, had a pile of excavation material on either side. The 'ditch was 19 feet wide and narrower at the 'bottom. When com- pleted someone placed a white sign on the highway reading "Road Closed," close to the southerly edges. Atmospheric conditions were far from 110rm91. 'The plaintiff said, continued His Lordship, that he first saw a shadow, took his foot off the accelerator, and when closer saw it was a pile of dirt. He did not see the holm until close when he swerved sharply to avoid it, resulting. in the car going into the ditch. Evidence makes it clear the dirt was the same color as the road, "This man was not bound to as- sume that there would be such a grossly negligent act as to leave this part of the road unprotected on a foggy night. 1 find it impossible to say there was any contributing neg- ligence on the part 'of the plaintiff, and absolve him from such, In its statement of claim, the Township of Morris denied any re- sponsibility; and that they had en- tered into contract with George Rad- ford; that plaintiff used excessive speed and improper control. Hullett claimed that as a result of an agreement with Morris, the latter was to maintain and be responsible for the boundary road, west to the school !rouse; that Morris passed a bylaw on May 13, 1946, agreeing to maintain part of the boundary on which the accident occurred; and claimed the accident was caused by negligence of George Radford or his employee. The defendant, Radford, in his statement of claim, claims the cor- poration failed to erect barrier's. Other cases listed were traversed to the next court, May 1 with Mr. Justice Gale presiding. HENSALL A very enjoyable time was spent at the home of Mr. Hugh Norris, Chiselhurst, when about fifty rela- tives gathered in honor of Mr. Nor- ris' granddaughter and husband, Mr. and Mrs. Jack Malconson (nee Ruth Dunlop) who were recently married at Vintor, near Ottawa. The bride and groom were presented with many. beautiful and useful gifts. Progres- sive euchre and dancing were enjoy- ed. The couple left on Wednesday for their home in ,Spencerville. Mr. and Mrs. Don Evans and family of Waterloo spent the week end with Mrs. Evans' parents, Mr. and Mrs, R. Y. MacLaren. Miss Ada Gramm of Adrian, Mich., spent the week end with her parents Mr. and Mrs. George Gramm, Mrs. Catharine Devlin is spending a few days at the hone of her son and daughter-in-law Mr. and Mrs, William Cook in Loudon. Mr. Jaek Peebles of London spent the week end at his home here. Huron County Musical Festival The ninth annual Huron County music festival is being held this week in North street United Church at Goderich. Monday's sessions featured piano solos with Mr. Clifford Pool of Western Conservatory as adjudicator. The following pupils of Miss Greta Lammie, A.T.C.M., participated: 6 years and under, Bobby Muckle 76; 8 years, Beth Goddard 77. 9 years, Charles Mickle 79 (third prize); 10 years, Marie Jarrott 75; 11 years, Dwayne Tinney 75. Piano duet, 8 Years, Kathryn Anderson and Jane Horton, 77. Piano trio, 8 years, Rod Ferguson, Buddie Johnston, Terry Forrest, 80 (first prize). The boys and girls were accompanied by their par- ents, who thoroughly enjoyed the music and profited by the adjudicat- or's remarks. Mr. and Mrs. William Horton of Detroit spent the week end with the for'mer's brother Mr. and Mrs. Bert Horton. - Mrs. Edna Corbett, Mr. and Mrs. Jack Corbett, Mr. Ed Corbett, Mr. and Mrs. Harold Parker and Mr. and Mrs. Ed Schroed attended the funeral of Mrs. Ida Harding, London, last week. DUBLIN Miss Lorraine Jordan and friend of London spent the weekend in Pontiac, Michigan. The huge of a devoted mother was ended when death called Mrs. Mary Burns to her eternal reward on March 31 at 12:15. For several years Mrs. Burns had been in failing health but all through her days she always showed that spirit of welcome for all who visited her. She enjoyed relating many early incidents in her life. She was a true home -lover whose whole interest centred in the duties of a mother. Her condition became more serious the previous week and she gradually became weaker until Fri- day noon when fortified by the last rites of Holy Mother Church her gentle soul passed peacefully to eter- nity. Mrs, Burns, who was formerly Mary Dunn, was married to Patrick Burns who predeceased her about 32 years. She was a devoted member of St. Patrick's Church, Dublin, also of the League of the Sacred Heart and Propagation of the Faith. The fun- eral which was largely attended by relatives and friends took place from her late residence to St. Patrick's Church. Dublin, on Monday morning April 3rd where Requiem Mass was chanted by Rev. Dr, Ffoulkes. After theachanting of the ,Libera and the last absolution the remains were I taken to St. Patrick's Cemetery, Dub- lin for burial near the resting place of her beloved husband. 'Prayers at I the graveside were react by Rev. Dr. Ffoulkes, Much sympathy is extended to her sorrowing family of one son and three daughters. Thomas, at home, (Bridget) Mrs. John Kipping, London, (Margaret) Mrs, Clarence Sutton of Muskegon heights Mich.,. (Aileen) Mrs. Claire Campbell of Listowel, also several grandchildren. A. daughter Lizzie and son Patrick Predeceased her several years ago. `Mrs. John Mulligan, Seaforth 10 a u r'I E TRE ;a FOitTE. Thurs. 11'1. Sat. "TEXAS, BROOKLYN AND HEAVEN" with DIANNA LYNN Ana GUY MADISON NOW PLAYING This is the picture that does thing's to your heart. It's as 3501111 ,nut human urs the folks in Brooklyn Adult L'utertainnlent "ANY NUMBER CAN PLAY" Mon. Tues. Wed. with ALBXIS SMITH and CLAIIIKE' GABLE' In Ids most daring picture in years,. -- Playing a dangerous gone with rlaugefous people Next Thurs. 19'i, Sat, ` "THE FIGHTING O'FLYNN" with DOUGLAS FAIRBANKS . 1181.1101 CAR'TEit - RIORARD BREW Fairbanks makes or tris one a 111051y, welting, spectacular piece el fiction with romantic overtones;—Rousing, colorful, tongue-in-cheek historical whoopla COMING: "MY DEAR SECRETARY sister, J. Ryan, Joseph F. Ryan, Wiliiarn Pallbearers wore her neighbors, Dantzer and Joseph Delaney. May Albert Hicknell, Carl Hicknell, John her soul rest in peace. Car of 1) & H Stove Coal On Hand Place your orders now SEAFORTH SUPPLY & FUEL LTD. PHONE 47 NOW OPEN Stratford Casino Ballroom Presenting BOB TURNER AND HIS ORCHESTRA Admission, 500 per person •-- Dancing 9 to 12. Newly decorated — Ontario'c Most Beautiful Ballroom. Dancing every Wed.,Sut.&holidays Every Wed, and Holiday - Modern and Old Time Dancing with The Thames Valley Ranch Boys. Regular Dance Every Saturday Night UNEMPLOYMENT INSURANCE BOOKS MUST BE RENEWED EMPLOYERS! — Please send all unem- ployment insurance books for 1949-50 and previous years immediately to the National Employment Office with which you deal, unless renewal arrangements have already been made. They must be exchanged for new books. Before sending in your 1949-50 insurance books, take note of the date to which stamps are affixed, so as to avoid duplication in the new books. Renewal of books is important to you, to your employees and to the Commission. Please Act Promptly. TO THE INSURED WORKER1—Have you an insurance book in your possession? If so, please take or send it to the nearest National Employ- ment Office for renewal immediately. If you send your book, enclose your present address so that your new book may be sent to you promptly. UNEMPLOYMENT INSURANCE COMMISSION C. A. L. MURCHISON J. G. BISSON R. J. TALLON Commissioner Chief Commissioner Commissioner U.I.C. WE ARE THE CLASS OF '50 Many among us are War Veterans—some with family responsi- bilities not always asso- ciated with the younger graduate. We know that a university degree will not in itself guarantee success. It must be backed up with hard work. But, whether or not we have acquired a particular knowledge of direct interest to employers in any par- ticular industry, we still suggest our degree is a good reference, for we have at least proven ourselves to the extent of obtaining it. Graduates are available from all types of courses this year. If you can employ a graduate, or offer summer employ- ment to an undergraduate, please 'phone or write the Executive and Professional Officer at your nearest NATIONAL EMPLOYMENT SERVICE office, NOW. DEPARTMENT OF LABOUR HUMPHREY MITCHELL Minister A. MacNAMARA Deputy Minister B9