The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-03-02

| At the date of the last annual report March
| 81, 1877, the following cases were pending
Francis O. j. Smith ct al. vs. City of Portland.
| Cumberland s. Oxford Canal Company VS. Same.
/ Same vs. Same.
| Same VS.. Geo. +. Hitchings.
Same City OF Portland.
City of Portland VS.. Portland Water Co.
| Eliza A, Reed app'lt VS.. City of Portland.
Jeremiah McCarty VS.. Same.
VIM. W. Carr ct TX. VS.. Same.
Franklin Wharf Co. VS.. Same.
Stewart Worcester VS.. Same.
City of Portland in equity VS.. P. & R r.
The following suits have been commenced
| since the date of the last report:
Elizabeth Hammel VS.. City of Portland.
Fred Quimby VS.. Same.
Robert Davidson Same.
Hattie z. Greissenger VS.. Same.
Charles FL. Pierson ct TX. Vs. Same.
John W. Munger VS.. Same.
Inhabitants of Falmouth VS.. Same.
Inhabitants of Cape Elizabeth VS.. Same
Francis 0. j. Smith, ct ais, vs. the City,
and the four following cases of the Cumber-
land and Oxford Canal Corporation are suits
arising from the filing up of the canal at
Vaughan's Bridge Three of the suits were
commenced in 1870, one 10 1871, and the last in
1875, and were fully reported in the annual
report Of last year. They still remain upon the
court docket. 1t is expected that fioal and
satisfactory disposition OF the cases will soon
be reached.
The case of City of Portland We. the Portland
Water Co. has been disposed of By the entry of
"neither party"
Eliza A. Reed, applt., We. the City has been
dismissed.
The case of Jeremiah McCarty vs. City was
an action for injury to a horse caused by an
alleged defect in the highway. Damages were
claimed to the extent of $500 A verdict mad
been rendered for the city. end the case was
argued at the last j uly law term on exceptions
to the ruling of the court at aasS prSus, and on
motion to set aside the verdict as against the
evidence. The opioion of the court has been
received, overriding the motion, sustaining the
ruling of Judge Symonds, and ordering hnal
judgment for the city.
William w. Carr, ct TX, vs.. the City is an
action to recover for damages received on the
highway. The case has not as vet been ready
for trial. An adjustment will probably be
effected.
Franklin Wharf Co. vs. City is an action to
recover the sum of $4,000 damages on account
of alleged acts of the city in constructing
sewer opening into the dock at Franklin Wharf
and thereby filling it up, as is claimed, to SUCH
an extent that navigation is obstructed. The
sction was brought in 1874 and trial had at
the last October term of the Superior Court.
A verdict was rendered for the city. Excep-
lions have been filed and the case will go to the
Law Court Considering the magnitude of the
case and its great importance to the city,
thought it proper to associate the former City
Solicitor with me in the trial. he having had
charge of the case for the past three years, and
being entirely familiar with the facts trust
my course will meet your appreciation.
Stewart Worcester vs. the City was an action
to recover the sum of five thousand dollars,
damages on account of injuries received by
reason of an alleged defect on Congress street
in front of the Kavanagh School House. The
case was tried at the last April Term OF the Su-
perlor Court. A verdict was rendered for the
CITY, The case was taken to Full Court by
plaintiff on motion to set aside the verdict as
against the evidence. 1t was fully argued IN
July aud decision has since been received
giving final Judgment in favor OF the city.
One other claim for damages on account OF in-
juries received at the same place had been pre-
scented but since the result in this suit 1t has
been abandoned.
City of Portland in equity VS.. P. 8 r. r.
Hon. Geo. P. Wescott is still acting as receiver
of the Road.
Elizabeth Hammett vs. the City, is an action
for damages for injuries on the highway.
Since the commencement of the suit the plain
tiff has died and the action has not been IN
order for trial 1t will soon be disposed OF.
Fred Qaimby VS.. the City is an action OF the
same nature. Damages claimed, i've thou
sand dollars. After the defense had been full
ly prepared and witnesses summoned the case
was disposed of in favor of the City by the en-
try 'nelther party" no further action for same
cause against the City of Portland.
Robert Davidson VS.. the City is an action for
damages on account of injuries received on
Congress street. Amount claimed, three thou
sand dollars; The jury returned a a, verdict OF
Law Court on motion and exceptions. 1t in
wolves the construction of the Statute relating
to travelling on the Lords day."
Hattie E. Greissenger VS.. the City, was ad-
justed upon the recommendation OF the COM
mittee on claims with which fully concurred.
Charles Ell. Pierson ct AK. VS.. the City. This
is an action to recover the sum OF ten thousand
dollars for injuries received by Mrs Pierson BY
reason of an alleged defect on Portland street.
After pretracted trial the jury returned
verdict OF enc THOUSAND dollars for the plaint
IFS The statute of 1872 provides that no per-
son shall recover of any CITY or iowa damages
for any injury done to person or property by
reason of defective highway, unless the law
of the country where the person resides gives
damages for injuries received under similar Cir
cumstances Ii is claimed in this case that
the plaintiffs are residents of the Island of Gu
ba, and that no remedy there exists for DANA
GEES received on account of defect in the high
way. These and other questions of law have
been reserved for final decision by the Law
Court If the plaintiffs are entitled to any
compensation the verdict may be regarded as
reasonable.
John w, Munger vs. the City, is suit for
damages for injuries received on Middle street,
and claims the sum of five thousand dollars.
Inhs. of Falmouth and Inhs. of Cape Eliza
beth vs.. City of Portland, are suits for supplies
furnished paupers and involve their settlement.
The three last named actions have but re-
Gently been brought and are not yet in order
for trial.
Reference is s1so made to the suit in equity
brought by the Ogdensburg Railroad Company
and also to the Adams McGlincy liquor case
both of which terminated favorably to the City.
In all of the jury trials that have taken place
during the year, involving claims of more than
thirty thousand dollars. two verdicts have
been rendered against the city, one of one thou
sand dollars, one of four hundred dollars. The
amount recovered in favor of the city from the
McGlinchy fund, will be more than sufficient
to satisfy these verdicts, should they eventually
be sustained.
HARBoR MASTERS REPORT.
The Harbor Masters report speaks Of the
large number of vessels which seek this har-
Dor in case of storm owing ito its ease of
access. The great numbers OF foreign vessels in
the port the present season have been unwilling to
move unless directly ordered to do SO thus ncreas
ing the harbor master duties If this business in
creases he thinks it will require his whole time
to keep the channel clear. Great care has to be
exercised, to prevent all these vessels coming
here in ballast, from throwing the ballast into
the docks and channels. No ice has appeared
in the harbor and no expense has been incurred
to keep it clear; all temporary distractions
were removed without expense to the city.
ovERsEERs OF THE POOR REPORT.
The following is the account of the expendi-
lures of the Oyerseers of the Poor from April
1, 1877, to March 1, 1878:
Subsistence including out door supplies and
for family OF keeper and Greely hospital 81, Z92 81
Repairs on buildings and fences including
labor, lumber and $a7003 Tor paints and
....................... 1862 rs
Repairs on clothing and bedding, including
bills for boots, shoes, leather and dry
goods. l,ZlI BY
Repairs on furniture and stoves. ....... 222 81
tribution NEUTRALITY-SUSPICIOUS.. 1880 95
| Insane paupers, including expenses to Au-
gusta and Boston. ACKNOWLEDGEMENTS. 1888 98
Blacksmiths work, repairs OF carts, car
riages NEUTRALITY-SUSPICIOUS.. sill "a
New harnesses and repairs on harnesses 200 %
Exchange of horses, oxen, &c............ 165 90
Wooden ware, seeds, &c........... 80. -. III 81
| Paupers in other towns and cities of the
Corn and neal s47 40
Medicines including prescriptions to fami-
lies outside of the hospital. ........... 603 &c
Baker at the house. ACKNOWLEDGEMENTS. 465 90
Work on farm and help in the house 500. 518 50
Repairs steam-works, including fittings
Of heating apparatus for room for idiotlc
persons ......................... 227 70
Burial of paupers. ACKNOWLEDGEMENTS. % 70
Transportation of paupers outside Of State 267 70
Hardware. .......... ................. -. SO 70
Travelling expenses. Observation-Disclosures. Sc SO
Kerosene oil for lighting house and hospital. S8 81
Care Of sick outside Of hospital. ..,....,.. % 90
| Master and matr0n. Observation-Disclosures, $40 90