The Portland daily press., 1871-05-24

YORK, ss.-MAY TERM, A. D. 1s71-DICKERsoN, j.
PREsIDISG-Ar ALFRED.
MoNDAY.-Alvah Thing vs.. Amasa Doe, appt
Account annexed for pasturing one pair of three
var old steers in Parsonsfsd in 1869, five months
and nine days. at $3.50 per month. Credit So; bal
ance $i0.25. This trial for costs There was nc
price agreed. Plaintiff says an extra chance tor
pasturing; another man paa me the same. Defend
ant says $3.50 month the going price by the
One OF defendants wtnesses for single month re-
ceves $3.50. Plaintiff replies, this was not by the
season tor he took the cattle out in haying time
which have deducted. Tho parties had several
talks about settlement; both were huffy and would
not bulge. Defendant, to catch the plaintiff tenders
him twenty-five cents less than his bill; plaintiff
sues; the justice allows whole bill, which carries
costs. Defendant appsals. Tie case comes up here
for tIial plaintiffs lawyer indisposed and not here;
Defendants witnesses more numerous than The plain
tiffs. Yeaton, for plaintiff steps in, makes ygor-
fight but loses. Verdict for plaintiff $3.50, which
is $3.50 less than the tender. So the defendant
covers his costs; plaintiffs consolation, clear
science. .-. Ta
Clifford at Moore
Heaton.
Jauvrin F. wiggin pet. Tor part w. Alexander
Cooper ct al. Goes up on agreed statment.
Copeland. Dane & Bourne.
w. Emery.
Shepard N. Butler P. g. & p. Railroad, tor kill
ing plaintiffs horse at South Berwick 10th Of May,
1868, striking him with their engine. S125. The kill
ing ard the value contested. Both parties state
the case about the same The plaintiffs horse was
at pasture through which defendants road runs
Across the road was a catte-pass soma third OF
mile from the station at South Berwick Junction,
where the train usually stops. There no whist
ling post nor whstling between the station and the
pass. Plaintiff says the train was going at great
speed; did not stop at the Junction but rushed by
and kept on at a furious rate. Engineer says, did
stop at Junction; was time did not need to rush;
did not rush and was going about fifteen miles an
boul the height OF speed for the train WAS twenty
five miles hour; two horses rushed from the pas
ture to the track; did SEQ them till too late
to prevent coilison this horse was hit by the en-
CINE. Eastman, for defence, contended that Oh the
facts plaintiff could not recover Yeaton tor plain
tiff, contended thsie were no such things as acct
dents; what called accidents are the results of
somebody's negligence want of care. 1t Is not
claimed that plaintiff was at fault; the defendants
have killed his horse and therefore they are at fault
and ought to respond in damages. The Judge in
stracted the jury inter ala in substance that this
crossing being farm crossing and not a highway,
town way or way laid out for travel. the railroad
company wefe not obliged to give notice OF tho ap-
prOach, and that while they were bound to exercise
the highest degree OF care as regards the lives and
safety OF human beings, they not bound to that
high degree OF es'e towards brute animals; that
there was little or question law in the case;
that the jury to draw the conclusion from the
facts whether the horse killed through the neg
lgence OF the railroad company. The jury we're un-
able to agree.
Yeaton. Eastman,
Rowena G. Wormell, HIT, vs.. Daniel G. Wormell.
Divorce dereed; custody OF minor child to ibellant
Lbelle to pay 500 instead of alimony.
Emery & Son.
Mary E. Williams, lib't, VS.. Charles S. williams.
Divorce decreed; hbelant TO have custody OF minor
children.
Mason & Weymouth.
Hannah L. Jones, lib't, va, Melville NJ. Jones. Dr.
vorce dssreed; care and custody Of minor child to
libeant.
HobbR Il Son.