The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-03-23
The Libby Case.

To the Editor OF the Press:
Upon reading your criticism upon the verdict
rendered by the Jury in the Superior Court last
Thursday, in the case of Libby D. Portland,
was satisfied that you must misapprehend the
facts upon which the decision was based, and
that your article as it stood-unintentonally
I presume-did great injustice to the gentle
men to whom it referred The plaintiff claimed
and introduced testimony to show that for
some years prior to the injury she had been in
poor health and under the care of a physician;
that at the time of the alleged injury she was
better, but not we'll, and that her physician did
not give her encouragement that she would
entirely recover for some years, if at all,
that in February 1878 she was riding with her
sister on Park street, that near Park street
church there was an excavation and pile OF
dirt near the middle of the street and bank
of snow, some three feet high and almost per-
pendicufar on the side of the street, that be-
tween these two there was left passage way,
that the horse was safe and kind. that turning
out of Pleasant into Park street the horse
came suddenly upon this pile of dirt and shy
ing little to the right to avoid it canted one
unner of the sleigh upon the snow bank and
threw the plaintiff and her sister out into tie
street. dragging them some distance, that the
plaintiff was Immediately Frustrated with
renewal of her old troubles in an aggravated
form and suffered greatly therefrom, that she
grew no better but worse, never regaining her
health as before the iniury-until the fall OF
1874 when she was confined to her bed and
died. 1t was not claimed by the plaintiff at
the time that the injury was the origin of the
disease that caused plaintiffs death-but it was
claimed that the disease with which she was
afflicted prior to the accident was greatly ag-
grayated thereby and probably hasteued her
death. and that she suffered great pain and was
put to expense by reason OF the accident, and
that for this she had just claim against the
city. There was apparently some conflict
in the opinions of the physicians called to tes-
tfy in the case, but as | believe there was less
real difference than would appear TO one VINO
was not learned in medicine. 1t was claimed
nv defense that the street necessarily was
onened to repair gas leak, that there was a
sufficient passage way left for teams, that all
reasonable care was used by the employers of
the Gas Company, that the way was not de-
fective, that the plaintiff could not nave oeen
driving with reasonable care, and that she re-
ceiyed no injury from her fall, that her death
was the result of tubucular consumption and
was materially fastened by her injury. Upon
tl;,se questions of defect of the street, care in
nlaintlff received from her fall, the jury were
called to pass. AS 1 understand it the ques..
ton causing the most difficulty was that of
damage. This was decided by the jury under
ali the circumstances, prudenty ard justly. [
| do not doubt that friends and counsel of the
| plaintiff thought it should have been more and
| probably the defendants thought it should have
| been less. But parties aud their counsel are
| very likely to judge the result of contested
| case each from their own stand point.
| The trial of causes by jury as now conducted
| in our courts, has the sanction of great an
tquty, and the approval of substantially the
| entire community. There may be Instances
where iuries have erred in their conclusions,
or have been swayed by bias and prejudice.
| But it must be remembered that absolute per-
| lection is not to be expected in any human in
| stitutiou. Aud l believe that in very large
majority of cases, the decisions of juries do
substantial justice between the parties Each
wear greater care is taken in the revision OF the
| Jury box, the jurors selected usually represent
| The various callings of life, and as rues try
| 10 discharge the duties imposed by their posi-
tiop and oath, with a conscientious fidelity.
| Their duties are often difficult and always re-
snons;ble. and it would seem but just that all
tie facts should be fully understood before
their action becomes the subject Of blame or
adverse criticism. o.