The Portland daily press., 1878-12-09
Superior Court.
NOVEMBER CIVIL TERN. 1s7s-BoNNEY, j., PRE-

NOVEMBER CIVIL TERN. 1878-BoNNEY, j., PRE-
SIDING.
Charles E. Winslow Charles E. morrill,. This case
which has been on trial for the last sixteen days. is
suit to recover damages laid at two thousand dol
lars, alleged to have been sustained by OF Ethe
pollution of the waters of a stream.
In the spring of 1875 the plaintiff leased farm in
East Deering known as The Shattuck farm, for milk
farm. Through the pasture flows the stream called
Fall brook which takes its iise from springs near
MorrilPs Corner, three.quarters of mile away.
Upon this brook near its rise the defendant in the
winter of 1885, erected wool shop for the purpose
of carrying on the business of wool pulling. The
plaintiff claims that the only water in the pasture for
his cattle drink was this Fall brook; that in june
or July, 1876, he began to notice trouble with his
cows-twenty-two or three in number; that the milk
diminished, both in quantity and quality; that not
outstanding he took extra pains and precautions in
the care of his cows, the milk would sour in few
hours and frequently thicken up without souring
that In consequence thereof he lost his customers and
finally was obliged to abandon the business. He
claims that the cause of this trouble with his stock
was The pollution of the water of the brook by the
defendant in allowing the filth washed from the
SKINS and large quantities of lime and arsenic used
in the preparation of them to flow into the brook;
but that he did not discover the cause until Septem
Der.
laree number of witnesses testified that for many
wears previous to 1876 they in the habit OF wat
e,ipg their horses at the brook where it crosses the
road just above the plaintiffs pasture; soon after
May OF june 1876 their horses refused to drink, and
that the minnows and cells. with which the brook
aboupded have since disappeared. On the other
hand quite as large number testified to watering
their horses at the watering place that summer.
On the part of the defense it is claimed that he
erected his shop on his own land; that he did not
uoute the brook but that the corruption came from
Bucknam's tannery which is stua ed above the wool
shop and that the lime and tersulphide of arsenic
used in the shop has tendency to purify the water
from the filth of the tannery; that in May and June
when it is claimed that the cattle were injured there
was no wool pulling done at the shop. The chemist
upon both sides found no traces of arsenic in their
analysis of the water, and several physicians test-
fed that in brook of that size flowing the distance
from the wool shop to the plaintiffs pasture no ap-
precabe amount of arsenic or other deeterious sub
stance from the wool shop could reach the pasture;
that the lime used by the defendant tended to purify
the water and the bulk of the arsenic would be ab-
sorbed by the skins. The hyscians also testified
that If the cows drank this poisonous substance in
sufficient quantity to cause the milk to thcBen with
out souring and act in the shown by the tes
e'SnAAS'S
rom blood poisoning. The plaintiff testified that
his COWS were not sick, only they looked gaunt and
hollow.
If was further claimed and testimony was put in
to the effect that the plaintiff aduteraed his milk
with water and soda; that the water in which he
washed his cans and with which he adulterated his
milk was taken from foul well in the barnyard, and
that the premises around and under the cows were
foul. there being dead calves in the manure heaps
z,nder the stable where the COWS stood. The plantn
denied the adulteration and the filthy condition q
the premises
large mass Of testimony has been introduced
One hundred and sixty-one witnesses were examined
and four dispositions read. The case was tried il
February, 1877, and resulted in verdict Tor thu
plaintiff for five hundred dollars, which was set asd
for the misconduct of one of the jurors.
After very clear and able charge the jury retired
at eleven O'Clock in the forenoon. They remained
out all night and at nine o'clock Sunday morning
were discharged, it being impossible for them t.
agree. They stood seven for the plaintiff and fiy
for The defendant.
Lttlefeld-Fratk- Larrabee for plaintiff.
StIout g. Holmes--E. P. Payson for defendant.