The Portland daily press., 1874-06-12
Law Decisions.

The following recent decisions of the Law Court
this district:
Ebenezer r. Estes VS.. At. & St. Railroad Co. Ex-
ceptions sustained
gate in fence which the defendant corporation
are bound to erect and maintain in good repair is to
be regarded part Of the 1t is for the jury to
determine whether not the defendants guilty
of neglect to keeping this fence in repair. Wheth
or or not the plaintiff, after the gate had fallen
up his cattle in his barnyard for greater security
from which they escaped upon the defendants track
and re killed is guilty Is to &c
Edward f. Farwel VS.. At. & st. Railroad Co.
Exceptions sustained.
The facts in this case the same as in Estes vs.
the same defendants, except that the plaintiff was
paxturng his cattle upon the land of Estes. His cat
tie being lawfully there his right to have his case
submitted to the jury is the same as that OF Estes
Appleton, G. j.
John F. Randall ct al. VS.. Charles Smith. Excep-
tons sustained verdict set aside; trial granted
When a shipper and carrier of goods have enter
ed into verbal contract, the to load the others
vessel with cargo of coal, at specified port, and to
pay freight at certain rate per ton and the other to
carry such cargo to the place of contract for that
price, practice among persons engaged in that kind
Of business at such place Of contract to treat such
contract as binding upon the PARTIES only as might
suit the convenience of either Of them be up
held a commercial usage to effect such written
contract because of its repugnancy thereto and to
the principles of law In order that contract may
be regarded as having been made in reference to a
usage of trade such usage must be certain generally
known, reasonable and not repugnant to the con-
tract, or tho rules OF law. Dickerson, j.
State of Maine Francis B. Smith, President of
the Oxford Central Railroad Co.
Exceptions overruled; prayer of the petitioners
granted as prayed for.
The law under which the railroad commissioners
located the station at Hartford on the defendants
railroad is constitutional and not in violation of the
contract created between the state and the corpora
ton by its charter, but in strict conformity there
with; being proper regulation of the public use Of
the road. The action Of the railroad commissioners
is theI efore affirmed. Dckerson, j.
Patrick Kelley, petitioner, William E. Morris
Writ denied. Costs for the respondent.
BY r. s. of 1871 chapters 117-119, person can e
arrested on an execution issued on judgment
founded en- prior judgment on contract, where the
amount Of the original debt remaining due is less
than ten dollars The amount Of the original debt
remaining due is the original debt for which such
prior judgment rendered, and not that debt
with the addition OF interest.
Cornelius Mahoney Vs. At. & st. L. R. R. Co. Ex-
ceptions sustained. Verdict set aside. New tra
granted.
Bv virtue of the lease of the Atlantic g. st. Law
renee Railroad the Grand Trunk Railroad Com pany
for certain purposes becomes owners of the road
leased pro c rice While the essees operate that road
under their lease the lessons not liable under their
charter the statutes of the state for an injury sus-
tanned thereon by passenger caused by the wrong
fu acts of the agents servants of the essees
ward him. Nor is there in such case any privity
either of contract by implication of law between
the passenger and the lessons as common carriers OF
passengers, by which they rendered liable for
such an injury. The remedy of the passenger for an
injury thus caused is against the essees who had the
exclusive use care direction and control of the road
with whom alone the passenger contracted
Dickerson, j.
Ichabod Preble admir-, VS.. Inhabitants of Gilead
Plaintiff non suit. Judgment for the defendants
Under note of the defendants "to pay three hun
dred dollars each man to fill the towns quota for
the present call of three years service or during the
war; Held that the plaintiff Is not entitled to re-
cover, the quota under that call having been filled,
without his ntestate and before he volunteered
Hold further hat the plaintiff Is not entitled to re-
cover three hundred dollars, recovered by the de.
PENDANTS from the state account OF the service Of
his ntestate, under the reimbursement act it not APP
pearng that the defendants under that act received
surplus above the amount they had actually paid
out. Dlckerson, d.
Thomas o. winslow vs. John W. Lane. Excep-
ions sustained Non-suit taken off. Action to stand
for trial.
The defendant covenanted to all reasonable and
proper diligence in the manufacture and introduction
into the market Of patented ana that ne
arising from the sale and manufacture Thereon as
soon and rapidly as such profits shall be realized
from said sale, For reach of the former covenant
the plaintiff would be entitled to at least nominal
damages, and if he would recover more the burden
of proof is upon him to show the amount. Probable
profits are not proper basis upon which to estimate
damages, and under the testimony as reported IN
this case nominal damages only can be recovered.
Danforth, j.
State vs.. Charles Pettis Exceptions overruled.
Judgment on the verdict.
tits not competent for person charged with the
larceny of goods introduce evidence OF his declara-
lions made after the property came into his posses
sion, that he obtained them by finding. The allega-
ton of property in the complainant in a complaint
for alleged larceny of goodsis sustained IL the com
painan at the time the larceny was committed, held
possession of them under lease from contract OF
sale with the owner. The rulings and instructions
of the Judge Of the Superior Court being in accord
with these principles, offered no legal grounds OF
execution,