The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-11-19

NOVEMBER TERN, BEFORE JUDGE sYMoNDs.
ACCOMPLISHMENTS Mahoney Atlantic s. St.
Lawrence Railroad Co. Action of tort to recover
damages alleged to have been sustained through the
unlawful act Of conductor in the employ Of the
Grand Trunk Railway corporation, which leases the
road Of the defendant corporation.
The plaintiff put in the act of the Legislature at
thorizng the defendant company to lease their road
to the Grand Trunk Corporation, in which it is pro-
vided that the Atlantic s. St. Lawrence Railway
Company shall be liable for all torts committed by
the lessees and also the lease in which the Grand
Trunk Railway Company agree to indemnify the At
lantic st. Lawrence Railway Company for all such
torts committed by the lessees. The plaintiff s story
is substantially that on the morning of Sept /, 1871
he bought ticket at North Yarmouth for Portland
and RETURN that he to this city and after tran
sacting some business took the afternoon train to
turn to Yarmouth, When the conductor came through
the to collect the tickets Mahoney says he was
able to find his and after waiting moment the con-
ductor passed on; shortly after he returned and
plaintiff says not being able to find his ticket told
the conductor he would pay him his fare; but not
outstanding that, the conductor seized him and put
him off (the train then having arrived at Falmouth
on the opposite side from the station and left him
there The plaintiff also offered to show that subse-
quently while he was walking on the track to Fall
mouth he was run over by freight train and sus-
tanned injuries, from which he has never re-
covered, but the presiding Judge ruled that such evil
dence was nadmissble. It was also in evidence that
the plaintiff afterwards found his ticket in bis pock
ct and showed it to the station master at Falmouth
The defendants deny in the first instance that they
liable for the acts of the servants Of the Grand
Trunk Railway Company.
Mr.. Gould, who was the conductor upon that train
testified that in collecting his tickets after the train
left Portland he came to this Mahoney, who was so
intoxicated that he not able to get any reply to
his request for ticket find out where he was
gong that he then left him and proceeded with the
collection of tickets. When the train arrived at Fall
mouth he returned to Mahoney, and not being able
to find any ticket to get any Ineligible reply
from him he, with the assistance of the brakeman,
took him and carefully removed him from the car
and placed him outside of the track on the opposite
side from the station, there being pool of water
the other side which rendered it difficult to take him
up to the station. Mr. Gould says that he did not
offer to pay his fare and indeed was so intoxicated
that he could not
Plaintiff admitted that he had taken two drinks Of
wbiskey before he left Portland but was not in the
least intoxicated. In this latter point he sus-
tanned by several witnesses who were in the car at
the time. The jury returned verdict for the plain
tiff for 500.
Strout s. Gage for plf
j. g. E. NJ. Rand for def.
N. III. Perkins ct. al. VS.. Lorenzo Taylor. Action
account annexed tor hardware amounting to
S1S7.52. Defence, that articles furnished one
r. A. Brown, and defendant never agreed to become
responsible for them. On trial.
Haskell for plf. A. A. Strout for deft