Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1869-03-19
TUE GENERAL RESULT.
=. y. COURT--MiRCH I.
MINT, j. PRESIDING.

MINI, - thtNibiN''
No. l1.--James r. Osgood ct ais. vs..
William II. Abbot ct nj.
Trespass 10 try title To real estate. In
June. 1915. Edward l.. Osgood of Frye
burg, conveyed by deed a lot of land IN
his village. near his residence. Ia the
proprieiors of South Chapel in Fryeburg.
The deed provides as follows: This
lot being given for a meeting house lot,
is to rcgert % me unless il should be inn
prov ed for that purpose" The evidence
shows hat the Methodist denomination.
,o members of which the deed was Civ
en-. built n meeting house in the year
1915 and held regular meetings therein
until iSbs. when the Methodist Confer
ence ceased to send them a preacher, and
preaching was discontinued in the house
from that time till 1866 that the house
was well built and of good materials and
well furnished; that after the meetings
were discontinued. the furniture. stoves.
tunnels. carpets and the upholstery Of
the pulpit were removed and taken care
of bv various members of the society
and the house fell INTO decay, the roof
became lcaky, and water and snow
found It's way through the broken plas-
tering on ~ the pcws of the house. and
the building was occupied by other as
sembliS of the people not religious.
Sometime after the discontinuance of
preaching. the grantor, Edward l.. Os-
good. claimed the premises on the
ground of forfeiture. the conditions not
being complied with and that the facts
showed an abandonment. In April, 1864,
Colonel Osgood died and Henry II.
Smith was appointed administrator Of
his estae. In the August following, the
administrator with two others. heirs Of
Col. Osgood, went in and took formal
possession of the premises, the admins
traitor then having in his possession the
duplicate keys of the building. Upon
this the lroprietors. some Of them, re-
asscrtedthcir claim, and the defendants
on the Sist day of May, 1866. after de-
manding the keys. broke in with crow
bar, retook the premises. made perma-
men, repairs and recstablished preaching,
and this action is brought by the heirs of
Col. Osgtod to ascertain in whom the
right OF property now is.
The question is mainly one of law up
on the state of facts substantially rs
stated. After the evidence WAS out the
case was withdrawn from the jury and
goes 10 the Law Court for final decision.
Howard Ilammons.
Philip + Kezer ct. ux. VS.. Inhabitants
Of Hiram.
Two actions tried together against the
Kezer and " his wife on the 9TH day of
April, 1856. while riding over Hiram
bridge, highway which the defendant
town are bound by law to make safe and
convenient. The evidence shows that in
the year 1879, inhabitants of Hiram built
a bridge in heir town across the Saco
river on thu .'Poddleford" plan, a sub
stantial structure, we'll built and of good
material. The defect alleged consists in
two particulars, that the panking of the
bridge which runs longitudinally is pre-
vented by the frame work from extend
, ing to the skin of the bridge, leaving an
open space on each side of the Travelled
way where il Is possible for the wheels
10 drop down over the ends of the plank
ing; and secondly, the projection OF the
inside frame work in such Il way that the
hubs of wheels were rot only liable to
hit against its parts, but to become
locked in such way as to stop the car
riage entirely, and in this case the injury
occurred by the hub being caught behind
main brace, stopping the carriage when
the horse was on fast trot, which
caused the horse to tear out the tugs.
free himself from the wagon. and the
plaintiffs to be thrown forward with
great violence upon the bridge, Knocking
out the front teeth of Mr.. Kezer, making
him senseless for time, and bruisinS
and tanning his wife, but breaking no
bones. The accident happened on
dark night. The plaintiffs say that the
horse approached the bridge on a walk,
that he SHE'D on entering, when he was
slapped with the reins and pulled into
position, which quickened his speed, and
that after going some 66 feet the hub
was caught as stated and their progress