The Portland daily press., 1875-03-13
Superior Court.
MARCH CIVIL TERN, 1s75-sYMoNDs, j., PREsID
ING.

MARCH CIVIL TERM, 1875-SYM0NDS, j., PRESlD-
FRIDAY.-Neal r. McAllister VS.. Benjamin Web
ster. This is an action on the case in which the
plaintiff dentist in this city, claims to recover 49,
900 Tor injuries which he claims he has sustained in
his person and property through the negligence OF
the defendant in recklessly driving his horse and
carriage through Market Square; by reason of which
the defendants team aeded with that of the plain
tiff throwing him out and severely and permanently
;njurng him and damaging his horse and carriage
The testimony in the case was volumnious and
very conflicting The claim Of the plaintiff was
briefly but substantially that between five and six
o'clock in the afternoon Of the first of May last the
the plaintiff was driving up Congress street on the
northerly side in front of Music Hail. and noticing
friend across the square in BARRIERS shop III the
second story he beckoned to him and then drove up
about the middle of Preble street. swept around into
the square and had nearly crossed the southerly
horse car track next to Lancaster Hall. and was
driving down Middle street at very moderate rate
of speed, scarcely more than walk, towards the
door at which he was about to stop for his friend;
that the defendant with another person, came drv-
lug up Middle street at high rate of speed, vari-
ousy stated by the witnesses for the plaintiff at from
eight to ten miles an hour; that the defendant had
ample room to pass as some OF the witnesses STATE
the width of three or four teams and although the
plaintiff used reasonab degree of care to avoid the
collision by attempting to hasten his horse, the de-
fendant careessy and negligently drove upon him,
running his shaft through the hind wheel OF plain
tiff IS carriage upsettng it, throwing out the plain
tiff and dragging him some distance when he cleared
himself from the wreck and the horse dashed down
Middle street.
The defendant retired sea captain, claims that
an entirely opposite state of facts exist The testi-
<l.a@ In ofo rfadf hat nj OH
Elihu Hasty with him, from Moulton street, drove
up Exchange street to Wilson's tea store, where he
got out and made some purchases they then kept up
Exchange to Congress street, turned up Congress
street. keeping on the southery side towards Market
Square; that as they got to the square they ap-
proached horse car, and when within a rod and a
half of it, the plaintiff being ahead Of the car on the
other side of the track and consequently hidden from
defendants sight by the carr suddenly drove across
the track angle in front Of the car at rate OF
speed from seven nine miles an hour and down up
on the defendant; that the defendant hauled his
horse back in the breeehing quick as possible, but
not in time to avoid the hind wheel OF the pantin
carriage catching upon the shaft OF defendants car
rage, thereby upsettiug the plaintiff and breaking
the shaft of Webser's carriage. The defendant 1ur
Their testified that he not on Middle street that
afternoon.
WA eight years old and could trot in three minutes;
that the horse driven by the defendant was twenty
four years of age but good traveller. The plaintiff
and his Witnesses placed the point of collision over
near Sawyers seed store, while the testimony on the
other side was that it occurred eight or ten feet south
of the Congress street track the cross walk that
runs across the square. The plaintiff claimed to be
permanently injured and offered the testimony OF
nhyscians who testified that his spine was affected
and that he would probably never recover from it.
The iury rendered verdict for the defendant.
Butler s. Libby for plaintiff
N. Webb for defendant.
william Todd vs.. James M. Cobb and John Briggs
This was an action to recover back the SUM Of five
hundred dollars alleged to have been lost by plain
tiff and won by the defendants by gambling. The
laintif came in and made oath to the fact and the
court. by virtue of chap. 125 50 OF the Revised
Statutes ordered judgment for the paintih.
Brown-Merrll for plaintiff.
Cobb s. Ray for defendant
lydia A. Libby VS.. Byron ID. Verril. kepieVin Oh
ten tons of hay in barn at Pownal. Defence-title
in the deft. On trial.
Strout 81 Gage for plaintiff.
B. D. Verrill pro Se