The Portland daily press., 1863-02-06
COMMUNICATIONS.

LEWISTON, Feb. A, 1865

LEWISTON, Feb. A, 1868.
To the Editors ofth Press.
1 spent Monday in the Supreme Court at
Auburn. The case of fFessenden us. The town
of Lewiston was on rial and excited much in
terest. The action was brought by the Hon.
Saml. c. Fessenden of Rockland for damages,
for injury received by his son in 1861 while
passing down Pine street in Lewiston
The declaration was made in this case by
Judge Walton, and is fine specimen of accu-
racy and condensation. The Judge was coun-
sci for the plaintiff, previously to his elevation
to the bench of the Supreme Court. The dec
laration will be of much interest to the legal
fraternity. forward it entire:
In plea of trespass on the case; for that on
the fourteenth day of March. In the year 1861,
in the town of Lewiston, in said county of An
droscoggin, was public highway, known as
Pine Street, In which was plank sidewalk for
travellers on foot, which said public highway
and sidewalk, the inhabitants OF said town of
Lewiston, in their corporate capacity, were
bound and obliged by law to maintain and
keep in repair. so that the same should be safe
and convenient for travellers having occasion
to pass and repass over and along the same.
Yet the said inhabitants OF Lewiston, un-
mindful and wholly regardless of their duty In
this respect, on the fourteenth day of March
aforesaid suffered and allowed said highway
and sidewalk to be out OF repair and defective
so as to be useless and inconvenent for travel
ers as aforesaid, In this, that there was hole
In that part of said highway prepared as a side
walk rs aforesaid, through the plaDkng there
Of and In the travelled part thereof, of sufii-
cient depth and size to receive a travellers
foot, and so shaped as to be likely to retain
and hold a travellers foot, and throw him
down upon the hard planking Of the sidewalk
or over the steep steps thereof, and thus en-
dangerhis life and limbs; of all which the said
inhabitants of Lewiston, at the time of the
plaintiffs injury hereinafter described and pre-
vious thereto had due and reasonable notice
and ought to have repaired the same, but
carelessly neglected so to do; and the plaintiff
further says that on the 14th day OF March
aforesaid, In the evening, he was travelling in
and along said highway in said town of Lew
iston, and upon the aforesaid sidewalk thereof,
in prudent and careful manner, on foot; and
In so travelling he stepped his right foot into
the hole In the planking thereof above describ-
ed and was so caught and held that he could
not withdraw it, and was thereby thrown down
and over upon his right side and across the
sharp edge of the planking aforesaid and the
bone Of his right thigh about four inches be-
low the hip joint broken, and otherwise great
ly bruised and injured; whereby the plaintiff
become sick and badly diseased and was for a
long time confined to his bed and underwent
great pain and suffering, and was put TO great
expense for board and medical attendance and
nursing in attempting to cure and heal his said
broken leg, and has been rendered a cripple
and lame for life, his said broken leg being
thereby rendered permanently shorter than
the other; and thereby rendering him unfit
for and inadmissible into either the army or
navy Of the u. S. A., into ona of which it had
been his intention previous to said injury when
he should arrive at a proper age to enter; and
whereby he has been incapacitated and render
ed unfit for various other pursuits in life. And
the plaintiff further AYERS that he received the
injuries above described by reason of the afore-
said defeat alone; that the town of Lewiston
aforesaid had reasonable notice of said defect
previous 20 said injury and were bound by law
to have repaired the same, which they unrea-
sonably and carelessly neglected to do; all
which is TO the damage of the said plaintiff, as
he says, the sum of two thousand dollars.
Major Frye was counsel for the defendant,
and Ex-Judge May for the plaintiff. The de-
fense was that said hole in the plank sidewalk
was not defect, and II it were, the town had
not reasonable notice thereof.
The case went to the jury at five O'Clock
Monday afternoon, and on Tuesday forenoon
they returned verdict of S4O6.24 for the
plaintiff. MAcHGoSNE.