The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-10-18
Supreme Judicial Court.

BEFORE JUDGE WALTON.
WEDNEsDAY.-Charles H. Pearson and wife vs.
City of Portland
Action for negligence in the construction of the
sidewalk on the northerly side of Portland street be-
tween Preble and Oxford Streets near the Junction
of stores occupied by Thompson and Mrs. Walker,
whereby the plaintiff wife on the evening of 9th of
September 1876, as she was returning to her daugh-
ter's after viewing the Democ ratio torchght process
sion, received fall upon her right knee and abdo
men, causing lameness Of the limb and umbilical
hernia. She was accompanied at the time of the
hurt by her relative, Mr. Cutter and by several lady
friends, by whom she was taken up and conveyed to
her daughters in carriage, and attended by Drs.
Ludwig and Green, until about the last of January
when she left for her home in Cuba.
The alleged defect consisted in all owing the brick
sidewalk to Join earth sidewalk with a sudden fall
of some four inches from the top of the plankng sup
porting the brick to the earth side walk in place
where there was street crossing or anything to
warn the traveller to expect such an abrupt step.
The defence was first, one of law raised under
chapter 81 of the public laws of 1872, which provides
that
"No person shall of any city town in the
state, dam ges for injuries Done to person proper
ty, which damages is claimed to have been done in
consequence OF any defect want OF repair suffi
Gent railing in any highway, townway, causeway or
BRIDGE provided the said damage be done claimed
by any person who was at the time said damage as
zone. resident OF any country where Damage done
under similar circumstances is not recoverable by
the laws of said country
In this case the plaintiffs reside in Cuba and the
question was raised as TO the burden of proof The
case allowed to proceed to the jury without ref
erence to the ac If the verdict should be for the
city, the legal question Il become unimportant; if
for the plaintiff, then the will be carried to law
court TO settle the question upon which party the
full proof of what the law of Cuba is on the
subject.
The damages were laid at $40 600. The plaintiff
claims that the hernia, it now exists OF size
greater than a large coffee cup was caused almost
entirely by the fall; and that she is now suffering
from lameness of the knee from the same cause.
She admits slight breach which had healed, leav-
ing bunch of the size of half an English walnut.
The defendants not controverting that the plaintiff
fell and received some hurt, deny that at this time
she is suffering from any consequence of the fall and
contend that she is Stimulating some of her ailments
and aggravating others to enhance damages; that
her knee is little stiff, the result of white swengs
which healed, leaving large scars and holes the
sides of the knee.
DR.. Tewksbury testified that the hernia was de-
veoped at the birth of her son Fred in 1882 and DR..
Gordon, that he examined it eight years ago when it
was of the size of large coffee cup, and three
fourths as large as now. DR.. Bates of Yarmouth
testified that there is evidence of recent in
jury.
Verdict for the plaintiff for $1,000
Strout s. Gage for plaintiffs
II. b. Cleaves, Solicitor, for City.
John W. Jones VS.. TIE New England and Nova
Scotia Steamship Company.
Action to recover the value of ninety eight barrels
ofour and sixteen cases of salmon destroyed in the
fire of 1873. On trial.
Mattocks for plaintiff.
A. A. Strout for defendants.
Court adjourned until morning at o'clock.