Panola County Post (Carthage, Tex.), Vol. 10, No. 23, Ed. 1 Sunday, September 18, 1983 Page: 4 of 28
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Loop construction finally nearing completion
Jurors ponder mishap blame
I
maintain sufficient more cleaning. It gets tracked in
been a disaster.
on if all day every day, if would
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She said business at the Pitt Grill
reopened.
"I realize they (highway depart-
it dropped out of sight in July."
Rost staff photo by DARL A VAf”
cess left for the Variety Shop by doing work on this Iono for 1 1
whe bos
New At Daniel’s Den
Bureau check presented
FARMER
NTYEARM
£ 37&£
Sarah
693-8161
-PanoloSe.
ade
9
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Bi
se
l
I
used terms in his description of the
accident which would make one
E
Ev
Pc
pu
all
Po
co
or
de
5
W
re
Te
payable to help cover the fireman’s
easts lot attending
w
be
to
Corthage Texos
Sunday September in 193
him to wake up and that is when
he swerved back on his side of the
road when impact occured.
When asked about the truck
C
She Joins: Peggy Allen,
Wynette Foley
& Daniel Smith
Maw Open Till 10 Fn.-Sat.
10-9 Sun.-Thuvs.
0.ll .
9
around.
Garrard was the first auto to
come along after the collision oc-
went to sleep and they hollared for causing two of his fires to blowout.
Garrard testified that he asked
remaining faithful, are all that has dust," said Ring. "The pool requires
helped her
"For awhile there it was just hos been cut in half McClard said
family,” said Fields,. speaking of when normal shifts bring in up to
the customers she served during $400 and drop to $183 there’s no
July. We kicked off pretty good way the operation can function
during April, when we opened but normally
I
Sf
• DISTINCTIVE CUTS rote MEN ano WOMEN
1 Daniel’s Den
wouns Mom.va Tun es.noo
62403 wae W WAMOLA ,
15 Piece
With A Pint Of Cole Slow
8825
Your Choice Of Homemode Rolls
Or Homemode Biscuits
of Texas. Wis avee fe Texevkene.
This year’s school wos held July
2429 and applications are ac-
cepted from the first 100 firemen
or until July 1 whichever comes
first
Farm Bureau agent Chalmers
Burke mode the presentation
The business suffered on 80 per ment and construction crews) can't
cent reduction in revenues of a help it," said McClard We need
—time when they needed to build a the repairs and loop work But it s
pad against the slow winter taking so cussed long to get done
$
Stephens to catch up When
Stephens failed to catch up Rober
curred and he struck the plyboards night."
which had fallen off the truck He contended that Pipkin had
season. Fields said customers seems like
especially "out-of-towners", will "I've been here for 1 1 years ” Distinguished service . . .
not cross over the makeshift ac- she continued And they ve been P one «f the awards presented
an excessive speed under the cir
cumstances. or operating the
vehicle in excess of the posted
speed
Jurors were also to decide if
illowing school a check is made
Stephens had been negligent by dings to the jury by using sketches
failing to keep a proper lookout, and pictures
failing to turn to the right rather Investigating Department of
than the left, going to sleep at the Public Safely Trooper Ronnie
wheel, failing to yield half of the Morris testified that Kelly and
roadway operating the vehicle at Wedgeworth told him that Craig
about six . weeks
Continued from Poge I
to determine who was at fault in tractor trailer was in the wrong regulorly:.,,
the collision and what damages if lone or why the von was in the He testified that he passed the
any, should be awarded tractor s path if it ever was. van before the collision occured
Evidence proved that there was The engineers also agreed that and thought it was traveling at a
no skid marks left from braking or there were no swerve marks from high rote of speed Moments later
swerving by either the van or the either vehicle which resulted from he tried to contact Stephens on the
truck jurors were told to decide if a sudden swerve to the opposite radio and did not get an answer
Stephens had been negligent in lane and there were no skid He said he slowed down to allow
failing to apply brakes. marks from braking
Jurors were also to decide if Each demonstrated their fin
ts went to Tatum and turned
Volunteer fireman larry Morrow
received a check from Panola
County Farm Bureau Monday reim
burning expenses for his at
tendance of the annual firemen’s
school held at Texas ABM
Morrow is fire chief for the Com
munity Four Volunteer Fire Depart
ment in Panola County The check
in the amount of $278 includes
$58 paid by the county and $220
paid by the bureau to sponsor an
area firemar to the Texas
Firemen s Training School
A fireman must pay $305 for ad
vance or regular registrotion for
the, school Following completion
after the bureau receives exam
business to remain open. And it clogs up the air conditioning
"I depend upon the summer systems. All of that requires time
trade to carry us through the slow and money to take care of ."
winter period," said Twomey. "We Speaking of the loop work itself,
will get some peaks during the Ring stated he wasn’t sure what to
holidays with travelling motorists think.
but nothing to make up the sum- "Sometimes we think it’s slowed
mer trade activity.” business down," he claimed And
Highway department officials again, sometimes we think it's
say that they attempted to helped Right now it is a bad deal
minimize disruption of business for us."
during the project, but there yas Ring said when his side of the
no way to schedule such a major loop was being travelled there was
job without some major problems. not much change noted in
They said that closing one side business. But, he said since the
while working on the other was southbound portion was blocked
the fairest way they could see to off his restaurant business has
do it. The department had an alter slacked off "quite a bit "
native to route traffic through "It seems to me ’ said Ring, if
downtown but resident engineer they (construction crews highway
Dale Moore said that would have department) would have worked
"That is what you are here to
decide," Nichols concluded.
Crawford Parker, attorney for
plaintiffs, opened arguments
telling jurors that in a civil case the
burden of proof is determined by
the majority of evidence.
He pointed out that several
mistakes had been made during
the trial, by the attorneys, wit-
nesses and parties.
"Were all human, we make
mistakes. Officer Morris could
have made a human mistake that
Continued from Poge I
taining repeat business. the highway department. years. If they're not working on it business has to operate one or two
But with the disruption brought "They see the crossover and they’re repairing It.” years to build up traffic and make
about by loop construction many of figure if they get over here they McClard said the truckers a profit When truckers stop
the company's customers are stop- won't get back," said Fields. "So couldn't be blamed for not stoping coming, it's almost the same
ping elsewhere. The potential they just pass on by." With full loads and unknown road situation here We ll have to work
losses, says Martin. are difficult to She says business has gradually conditions like loose dirt hidden it back up to where we were
estimate. began to come back up since the holes and soft shoulders, a trucker before all this construction star
"It's just going to take time to highway department okayed a couldn't afford to take chances ted
rebuild our repeat business and temporary crossover for them. But, trying to cut bock and pull into the For MBS and the others says
get the truckers to start coming says Fields, there's no guarantee parking area Martin it's just going to take time
here again," McClard commented. the access will remain. And, "All I can say is I sure hope they to build things back up In the long
While their lanes were closed business has not returned to start coming back after this is over run Martin hopes the im
those businesses, along the loop any where near normal with," McClard said. A new provements on the loop will pay off
nah We
Cammockg M
Specializing e T
In Family Hairstyling WV, . •4
Starting Oct 6
"I know it has been difficult for have been completed by now
businesses on the loop to operate Ring said "at any rate I hope
at full potential while this work is they get it done and opened up so
going on," said Moore, "but the we can get through here better
department felt there was no Hopefully business will increase al
fairer way to do the job." ter they re finished And, I hope it
And, while it seems the work will help, having four lanes. That’s
has drug on for years, it is actually something we've never had here "
being completed on schedule. ac- Ring said he has probably ex
cording to Moore. perienced a 10-15 percent drop in
The engineer said he saw business since the construction
nothing that would prevent com- work on his side of the loop began
pleting the U.S. 59 to U.S 79 sec loop work has created ripples in
tion by October. Barring any the pond that wind up hurting
serious problems, Moore expects everybody, McClard said. She said
that section of the loop work to be she was thankful for the people
completed by Oct. 15. working with her in the restaurant
Businesses in the area, who are "hanging in there until
however, say they can only hope things get better
the end result will be worth the I’ve got some good people
lost income and repeat customers here," said McClard. I haven’t had
experienced during construction, to let anyone go but weve cut
Variety Shop manager Essie hours simply because the business
Fields says the new business was isn’t there A lot of these girls are
hit extremely hard by construction hurting bad with less hours and
work. She only hopes the Gulf tips way down but I can only hope
station owned by Leo Graves con they are able to tough it out until
"hang in there,” until the lanes are this picks back up
by way of increased traffic, speak."
"It will take time to build the Moore said that while it ap
business back " said Martin We peered the construction work was
need the loop system, I’ll grant lagging they were actually about
that. But I hope the repair work 12 percent ahead of schedule. He
will last awhile, that would really said some 88 percent of the alloted
help. If they will just do it right time has been used up.
where they won’t have to come "We re over-running the
back in here and start again a estimate somewhat, said Moore,
year-or-two from now And were maybe ten to twelve
"But business is my primary con percent ahead of schedule. I don t
cern." Martin concluded. We ve see anything that will keep us from
got a challenge in front of us, so to completing in October.
have been affected drastically. But Mrs. Pass, service manager at
direct effects are varied due to the Service Motors was the only one to
time factor involved. Some were say there was no actual losses
affected during peak summer traf- noted for her end of the business,
fic, creating losses in revenue She said there might have been
which they will simply have to ac- some drop off of through state
cept on this year’s profit and loss travellers but she has not noted
statements. any effects on the books
"There's no way I'm going to be "Some. I’m sure are passing us
able to regain the losses we had up," said Mrs Pass "At least as far
while our side of the loop was un- as out of state travellers. But our
der construction,” said Mini-Mart regulars are still coming Sure,
owner Louise Twomey. "We were we re missing some but I see no
down over 50 percent and there is real effects on the service business
simply not enough traffic flow here."
during the off-period to regain that Austin Ring. of Best Western-12
loss." Oaks, says there’s more than ac-
The convenience store business cess inconvenience and lost
has been located at Loop 59 and business involved with the loop
FM 699 for the past five years, project. He says dust has created
Twomey says the construction problems as well, resulting in ad
people doing business with her, dltional costs to his business,
and her regular customers "There is a big problem with
the boys what had happened and feel stupid.
they told him thot they were "They think we re stupid down
asleep and did not know here, but I don't think Pipkin and
In closing arguments Friday of his accident in space being set
ternoon. defense attorney Rex back down on earth could con this
Nichols told jurors "to look at the jury."
way the witnesses testified and He contended that his clients
deterimine what they have to gain were entitled to compensation for
for testifying the way they do." their injuries suffered now and
He contended that Officer those they would suffer in the
Morris had no reason to testify the future
way that he did "They deserve to be com
"I'm confident that Officer pensated."
Morris did an adequate job in He also told jurors that the
vestigating the accident. There is Craigs were not looking for sym-
no reason for him to lie nothing pathy from the jury, and that they
that he will gain or lose ” only wanted to know that their son
Nichols told jurors that they was not at fault.
should throw out all unbelievable "They don't need your sym-
testimony and rely only on credible pathy," Parker told the jurors,
evidence "They have their ministers and the
"There is enough physical congregation, and all these friends
evidence for you (jurors) to decide (referring to those sitting in the
who was at faultsaid Nichols. courtroom).”
"There is no question about the "They simply want to have the
accident happening on that side of burden lifted from being Jimmy’s
the road The only question is WHY fault. American justice is all they
it occurred there.” want," concluded Parker.
Craig had been negligent in foiling being in Craig’s lone Officer
to drive on his half of the roadway Morris said reflexes would cause
failing to give Stephens at least one to take evasive action to the
one half of the main traveled por left if one saw someone in their
lion of the highway, of driving un lane.
der the influence of intoxicating Morris added that no one knows
beverage failing to yield right of how one will react in a given cir
way, traveling in an excessive rate cumstance
of speed under the circumstances Others who testified during the
traveling in an excess of the trial included Daniels mother
posted speed failure to turn to Jeon Ritter James and Ona Craig
avoid a collision failure to stop to Phillip Thompson Thomas Roberts
avoid a collision, or falling asleep Rickey Garrard Bobby Car iker and
Both the defense and plaintiffs Dr Royce Hill.
hired engineers who attempted to Thompson testified to the
reconstruct the accident according amount of damage which wos in
to the physical facts which existed curred by the truck during the
Dr William Tohn and A I Pipkin collision which totalled more than
Jr. were the engineers hired to $34,000
reconstruct the. collision and to Roberts was driving another
bring their findings before the jury tractor trailer and was traveling
Both agreed that physical with Stephens back to Oklahoma.
evidence showed that the collision Roberts wos traveling about
occured in the van’s lane of travel one quarter to one half mile ahead
No physical evidence was of Stephens and was com
available to determine why the municating with- Stephens
Cemmenity Feuv Velenteev Wre Bepar-
tmen Vive Chiel tarry Serve* helds
the $278 cherh presented by Pumele
County Fer* Buveuu.
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Panola County Post (Carthage, Tex.), Vol. 10, No. 23, Ed. 1 Sunday, September 18, 1983, newspaper, September 18, 1983; Carthage, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1499571/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sammy Brown Library.