The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-12-09
Supreme .sudseiai Cour,.

OCTOBER M.-TAPLEY, j.. PRESIDING.
IeEsDAY-ln tie case of Cooper v. Pennell, ac-
ton to recover damages for false mpris nment the
jury alter being out Ii nj ht came in and reported
that they were unable to agree upon verdict They
were discharged tr"m any further consideration of
the case. They were equally divided upon the mat
ter-Hix being TOR defen iant and six plaintiff.
Howard & Cleavts. p. Barnes.
Elizabeth Jane Pote Y. the city OF Portland. For
d,mag's on the highway. Plaintiff says that on the
first of the evening of the 18th of January 1865 she
was walking down Middle street, stepped upon a
ridge OF ice five or six inches HIGH Woods Ho-
tel near crner of Willow street, and tell backwards.
gentleman. a stranger, picked her up and conduct
ed her tn Mrs. Boyds store 1t turned out that the
oleci anonon process, which The doctor calls it, the
point Of the elbow was broken. She was obliged TO
lay by all work for some two months. 1t has never
been as strong as before. This is her case in short
Mr. Barnes, in defence, units the injury and the
cause of it, and claims that this is no se for yndic-
tive damages, Exemplary damages, smart money, if
the verdict under the instruction of The court should
be tor the plaintiff. This is case of snow and ice,
for which we have no adjudicated case in Maine
Other cities further south must not lay heavier loads
upon us than we can bear; judges and Jurors must
give us construction we can live under
Mr. Cleaves argued the case Tor plaintiff. The
cfo"ueu strees Vi poPulouS city must not be Judg
ed OF by the rules for roads in country towns The
city ordinances, if not the binding law of the case
show what the city fathers think the safety and con.
venence OF travellers require. and these ordinances
require the sidewalks to be cleared of ice and snow
passage from the Judges charge gives the facts
and law OF the case in nutshell:
"The place where this accident oc urred was In the
city of Portland the popuous CITY III the State
and upon of the sidewalks of one Of the prin j.
pal streets i'll the city, ami at point where another
street it. Inc unsaety of the street is
in idge and extending entirely across the walk 10
the height OF from four TO six inches and so wide as
TO be incCnvenient for the plaintiff TO stem over i
That perCeiving character and tber being no 9TH
er convenient way OF passing, the plaintiff PROC eed
ell to PASS care ully over il, by first stepping upon it,
that In so doing she slip ed and received the injuries
complained of; that this point in the street had been
In this condition for number of DAYS before and
known to many OF the Inhabitants of the CITY
Ii you should so find and rega d the ice thus ac-
cumulated and remaining an obs ruction render
ing the street unsafe travellers, instruct Won the
pain lit would be entitled to recover if she was in
the exercise of ordinary in passing over it and
the defect alone caused the injury"
The jury returned verdict for plaintiff for S1O75
howard d Cleaves. Barnes.
Annie M. WORTH lbellant, v. Elvin P. Worth.
Libel for divorce; cause desertion. Diyoce decreed
A b. Holden tor bellant; no al pearance for libel
lee.
This (Wednes ay) afternoon at the coming in of the
court new assignment under the printed list will
be made. Members of the bar are requested to take