The Portland daily press., 1869-12-09

DECEMBER CIVIL TERM-GoDDARD,J ,PREsIpING.
Observation-Disclosures B. Coyn VS.. City of Port
land. This ID an action of tort to damages
Tor Injuries alleged to have been sustained by reason
OF defect in highway which the city was bound
TO keep in repair. The alleged defect consisted in
the fact that gger was left standing in front of the
blacksmith shop at Libby's Corner, inside of the
sidewalk and projecting into the street some ten
feet and had been there for ten days. The damages
are laid at $4,000.
The plaintiff testified in substance, that he came
down here the 26th of December, 1867, from Bos-
ton where he resides to look after the business Of
his brother-in-law, whose business was keeping a
faro bank in the Groton House on Center street;
that the 9th. about night he hired team to take
ride and started out of the city in the direction of
Libby's Corner; that he was driving very carefully,
1t beinga very dark night; that after crossing the
railroad track he all at once felt shock and knew
nothing more for nearly minute; that in January
he was taken home, but his injuries were such that
he was sent to the Insane Asylum where he contin-
ued for some time, and that he not as yet recov
cred from the effects OF the injury He also testified
that at the time he was perfectly sober, having drank
but one glass Of ale that day. There was also evil
dsnce tending to show that the travelled part of the
road was on the opposite side from the jigger, and
that the road about thirty feet wide exclusive of
the portion occupied by the jgger. Plaintiff esti-
Ned that he had been In the gambling business now
fer about ten years.
The defence relied upon the want of care on the
part OF the plaintiff in that he was very much ntox-
icated and driving at furious rate OF speed Testi
mony was introduced tending to show that when
picked up the plaintiffs breath was extremely oh.
noxlous from the use of liquor as one witness ex.
pressed It, as though he had been drinking rum ale
and whiskey and then finished up by eating garlic;
that he had been policeman eight years and put
away sometimes one hundred drunken men a month |;
this was the worse breath he ever came across.
Several witnesses testified that they were sitting
In Cark's store, near by, and heard carriage COM
ing at rapid rate and when near the store heard
crash and that some of them went to the door and
looked out, but saw nothing, and hearing horse in
the distance concluded that the team had passed
along, but that within few minutes a man came
and notified them OF the accident and on going out
they found wagon bottom side up and the plaintiff
lying his face in the street insensible that he was
picked up and carried into the house. where he re-
NAMED in q morbid condition for several weeks,
with now and then lucid interval; that his head
showed q severe confusion but NO fracture.
There none who saw the collision or the team
collide with the jigger, but there was some evidence
tending to show that there marks found on the
hub of the jigser as though the wheel of carriage
had passed over it.
Tho evidence is all closed, and the arguments will
be made and the jury charged Thursday.
Thomas, Jr. Cleayes.