Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1877-10-02

by reason OF The road being siding ana
slewey. He was travelling with q
team loaded with hogshead of molasses
when his sled slowed and his hogshea1
OF molasscs hitting rock in the bank,
threw both himself aud the hogshead
OF molasses, and the hogshead rolling on
to bis right side, broke tworibs, aud iril'ct-
ed other injuries. The damage claimed
was $4,000. The defense was that the road
was not detective, that the h9gshead did
aot hit or touch the roch-that he sled
was on the opposite side of the road, hu,
that the accident really happened as he
(O.dham) stated to his physician and
others the night OF the Injury ",',st bis
near horse bit The oil one, aaj sue Oh
horse Jumped and threw Oldham AL! The
aogshead od-and that the bue oil Tho
horse was the real cause OF the injury. %
The case occupied two days Verdict for
defendants.
Exceptions filed, and motion !ar new
trial
Swascy tor PIN, Bis5oo tor dcns.
The eases tired since our last report are
~ follows:
No. $50 trey vs.. Andrews. Plain
till placed his property in the hands oi
Andrews some time since, When he
wished it returned, no claims only
portion of it was forthcoming. lie sew
ersl times tried 10 make settlement,
but was unable to do so. Finally An
drews offered to pay live hundred dollars
it Grey would give = receipt la full
Plaintiff claims that deit. did not WISH
the whole sum to appear in receip!,and Il
was agreed 20 sign recoip. in TAI. bear
ing fifty dollars on its face. though h'e
hundred dollars were TO be paid. lie
says after signing the receip, DEF, gave
him bat fits dollars, and drove ta. Pm.
made a tender to dei, Of that sum, de-
manded his receipt, aud commenced this
sni,. Delt. presented receip, as evidence
of settlement, and also introduced WI
ness who declares he saw tie receipt
passed. and signed it as witness after
plaintiff had said it was all right. Ine
Jury decided that the receip, was not
proof OF settlement: aud gave verdict ioF
,l,;rtif NJ S353 Defendant appeals Tor
new trial
Upton " Fsrnum with Foster Ior pin.
Benson. Black and Andrews to7 def.
NJ. l99.-Yea.ton vs.. Ches!oy. rais
was o ciyi! action Tor damages in clse OF
assault aud battery. Plf. claims that
dsR. assaulted him with . cane, striking
him upon the head Deit. does no. deny
the assault bnt claims It was donS ~ sell
defense. Expert testimony wss intro
duced to prove extent of physical i1'y.
ard other witnesses to Prove that j! Wa
but Slight. The trouble crew or' OF q
neighb5rhooi broil concerning "a case O.
trespsss. the which was tried Of recent
session Of cour'. Csc was givc- u The
| jlly st an evening session. Verde, 10y
plaintiff for So. Upton x Farnam with
Foster for plaintiff. nazan and rerr'
for defendant
Nos. 2oi AMI 20j. Howe and Hose ct
ux vs.. Woodstock were tried together.
Frselaud Howe, Esq, OF Nor~ar, anu
w..e, while riding on . highway IA ia"
defendant town were thrown from their
carriage and Injured, for which lhey IL
s.itule 4 sui, to recover damages. II.
testify that while riIiuy a. the ra'e OF .
o. 6 miles per hour their hers. stuck his
or hind foot iaio hole through en-
vert. lie was thrown down and the &C
eupanls Of the carriage were pr, c.ritated
to the ground. Mrs. Howe struck upon
her face and was rendered insensib!e.
Mr.. Howe sustained several bruises.
aud two or three bones OF his band Were
broken. The horse died - few days afer
the accident, as il is claimed from . strain
received at time OF accident. Mcd!ca
testimony was introduced to show exteu'
of physical damage Defense rested
wholly upon the ground Of lack OF nc
lice. Tac only notice that could be
proved was citizen wiki two horses AMI
load passed over the spot ard saw thc
hole some two or three hours previous.
Having business in hand he dill not notify
the authorities, and il is claimed there
wonld not have been time for him 10 Do
so and have the defect repaired b,iore
time of accident. Case went on trial
Friday morning aud was given to the
Jury al ) 80 2. NJ. Saturday. After heing
out i've hours, they were discharged by
the Judge, as they found it impossible to
agcee.
Bisbee and A. A. S.rout for plaintiffs
Back and Foster for defendants.
On trial. Monday morning, Safe IS
Manuel. Larceny.
Bsbee. Back.
The contest between the American
and British rihemen. for the champion