The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-04-12


APRIL TERM-GoDDARp j. PRFsIpINo
SATURDAY.-No. 133-Mary Ann Townsend v.
Henry Horr. The plainti1f sues as Adminisnatrix
Of her husband in trover for $500 cigars. valued at
$3.50. She says the goods delivered to defend
ant to be kept for her in October 1885, and were call
ed for In the March following and not returned to
plaintiff, upon which this suit was brought.
The defendant makes technical defence that the
goods were not the property OF the estate but the
personal private property Of Mrs. Townsend; that
the plaintiff herself so swore at the January crimi
nal term; that they were struggled to defraud the
revenue, and that should 60 to the question of dam
ages and he makes the further defer ce to the mer
It's that they we're delivered upon written order
supposed to be the plaintiffs, but which in fact was
fictitious; that the bailment was without pay, that
it was to the mother and not the son. Verdict for
plaintiff, $185.62,
B, Bradbury-Swett. Putnam
Alexander Dunn v. g. T. Railway. Action for
damages on the Defendants road near Oxford Sta
ton, ON the ed day OF July, 1858 The plaintiff 3
statement is this That he is Scotchman by birth,
weaver by trade five years In this country, and 80
years Of age; that he had been employed ia the WOOL
en- mill at Lewiston. and was making arrangements
for employment at Norway; that he went to Norway
on the 22d day OF July TOR employment there, and
station got into saloon there and paid his fare
IS CENTS to Danville Junction; that proceeding on
his way the saloon was thrown Oh the track by
broken rail and dumped, the inmates being thrown
out and more less injured that he received severe
Commissions his LETT eye his forehead and on
his lett cheek; the scar his forehead still remains
and his cheek shows hollowness his legs were in
ured but not broken, and that he received such
we're internal injuries that he Is good for only
half days work in full days time. This state o:
facts is not in general contested by the defendants
except as to the extent of the damage.
Defence-The company had regulation, Of which
the public were notified by printed posters in their
station houses, that no passengers were allowed to
travel the freight trains that the plaintiff had no
right to travel on this train; that he got ON board
without knowledge of the conductor; was tod by
the conductor after the were in motion that 1t
was against the regulations; that the conductor did
receive his tare and that Immediately after the acct
dent he returned 1t to him, and after damages were
repaired gave him free ride to Danvie Junction;
that the plaintiff had right to be upon the cars,
and that the defendants for that reason were not liza
| BILE.
Mr.. Haskell made the opening statement and the
examination OF the witnesses for plaintiff. Able
closing arguments were made by Mr. Barnes for the
tiff.
The Justice at the request of the defendants coun-
sci instructed the jury that the plaintiff not en-
titled by law to be carried the freight trains OF
fendants company unless by permission obtained be-
fore he entered the train from authorized agent
OF defendants But he further instructed them that
II they found that plaintiff was allowed by the con-
ductor. upon his ene4 ing that and upon starting
OF the train to remain as passenger on board that
train, in the saloon car and the conductor, with a
full knowledge of the facts, allowed that man to
main there without directing him to get off or with
| out making any attempt to put him off, and alter.
wards received from him pay as first class passenger
not only to the next station where the freight train
was to STOP but to Danville Junction further point
on the road where the plaintiff desired to CO. that
the defendant company cannot plead their regulations
in release from their liabilities, but that they as
liable as ii it passenger train, and II there
was no notice that they would carry passengers
| upon freight trains.
| Verdict tor plaintiff, $500. Defendants except
and tn case win go up.
Record-Haskell. Barnes
Mary Spear, petitioner Tor writ of habeas corpus.
Writ granted and hearing had. It appears that the
petitioner was arrested Friday night for drunken
ness and disturbance in the house OF James Spear.
The case not brought before the Municipal Court
| Saturday morning by the City Marshal ON account
Of his working up evidence against her on 9TH
er matters Hence her petition to the Superior Court
to be released from the custody the City Marshal
upon giving bail. After hearing, Judge Goddard
fixed the bail at $500 for her appearance at the Mu
nicipal Court on Tuesday morning Hannah Bod
well became her bail and she was discharged. Col
A. W. Bradbury appeared for the petitioner, and
Nathan Ceaves, Esq, City Solicitor tor the State.