Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1877-03-20
GRAND JURY

lkAN ElsoIs = M 49, a+hs'''''
Dennis F. Bishop, Peru. Foreman.
John T.. Akers, Andover.
Cyrus Andrews, Lowell.
George b. Barrows. Fryeburg
Abiel ChaEd or. Jr., Bethel.
Jabes Davis, Hebron.
Smith Dudley, Paris.
Gideon Ellis, Canton.
Nathan S. Farnum, Rumiorj.
5 5. Farnum, Paris.
James F. Fiy. Hiram.
CHARLES A. Frost, Norway.
% PANEL.
Francis Holden, Oxford, Foreman.
Timothy Hastings, Bethel.
freeman Hollis. Buckheld.
William w. Kilbourn. W.T. rlord.
H,zekiah q. Mason, Mason.
Joseph g. Reed, Byron.
j. G.. Rich. Greenwood.
Henry &. Kicker, Hartford.
Daniel ID. Ridlon, Porter.
Francis +. X binson, Sumner.
Asa +. Russell. Newry.
Joseph Wheeler. Albany.
sUPERNUMERARIEs
II p. Wheeler, Gilead.
Alanson NJ. Whitman, Woodstock.
l. c. WiIloughby. Mexico.
The following cases were disposed OF
last week:
NJ. III. Sidney D. Edwards V. Elmer
V. Walker.
Both parties reside in Ox'ori village
upon opposite sides OF Main ST.. the de-
PENDANT some ten rods above the pialnIn
This is an action on the case against the
defendant for creating aud maintaining
nuisance by mean. OF allowing water TO
escape from his cellar drain in large
quantities, as alleged By he plaintiff, into
the street and running down tie street
and upon the premises OF the plaintiff
and accommodating in large Quantities
around his dwelling house. becoming
s,agnant and cOrrup.ing IhJ water in his
well, soaking into bis cellar and produc-
Ing sickness in his fsmi 81; as lor vent
ing certain quantities OF water from au
aqueduct in said cellar which also run
down said street On 10 the premises Of
the plaintiff
The defense is that the water which
vents from the drain OF the defendant is
only the natural surface and pc co.ating
waters OF the earth which which came
into said cellar by natural causes. and
that the nature OF the soil around the de-
PENDANTS premises is naturally wet; that
no appreciable quantity has come from
the aqueduct, except during ABOUT fifteen
days in the spring OF 1915 when deit's
tank was undergoing repairs; that the
premises OF the plaintiff are situated on
the lower side of the street, in very
low place, and tina. he has never done
anything to keep tho water from his
premises as was his dlty; and that if he
has suffered any loss or Inconvenience it
is only the natural result of living where
the water would by natural laws tend.
Verdict for defendant.
Perry. Foster.
No. 249, Ofpha A. LiItlewood V. VIM.
+. Wardwel.
This was an action for the recover OF
real estate set of on execution, against
this defendant. and situated in Oxford
village. The executions amounted TO
about $500. and were levied on the de-
PENDANTS house and lot consisting of
about eight acres on Pleasant ST. The
year of redemption having expired The
action was brought for the land.
The defense set up is that the levy is
void and that no title has ever passed to
the plaintiff inasmuch as the statute un-
der which the levy was made makes it
incumbent, when only portion OF a par
eel of land is taken, and the appraisers
adludge that the whole can not be divid-
ed without detriment, that although q
portion may be taken yet The whole
should be described in the officers re-
turn; that 10 this case a portion OF about
six acres was set off, leaving small
piece, but that no description OF the whole
Was given in the levy as the statute re-
quires. The plaintiff carries the case TO
the full court.
Ludden. Foster.
Nc. IS, Charles r. L der ys. Perkins &
&c.
This was an action to recover for ser
vices OF plaintiff in the year 1874, as a
tree agent employed by Perkins e Co.
E ,idence sh9w that Perkins employed
Elder 10 sell trees Tor him in the summer
of 1874; Elder to travel at his own ex-
pense. and to receive thirty per cent. on
all sales made by him. Plaintiff was
paid for portion Of the orders returned,
and claimed a balance of about eighty
dollars with interest now due. Defense
put in that L der had not complied with
provisions Of contract between himself
and defendant, and that great loss was
the result OF this neglect. Contract was
verbal, hence the different statements