The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-04-19
Supreme J udicial Court.



FRmAy.-Elza McCarty VS.. Oren Ring. Tres
pass on the person. Submitted to jury-they to seal
up their verdict and return it into court this (Satur
day. morning.
G. E. Clifford, G. f. Libby.
George W. Hunt, petitioner for writ Of habeas cor
pus. Hunt was sentenced by the Municipal Court
under section of chapter 2l5 of the statute of 1877
which provides that the sentence shall be 800 fine
and costs of prosecution, to stand committed till
paid and in addition thereto three months imprison
ment in JAIL The party had been in Jail three months
ON his sentence of imprisonment, and thirty days
more in default Of payment Of fine and costs, and
rendered compliance with the provisions of chap
ter 1876 Of Revised States section 49, in relation to
poor prisoners. A discharge from imprisonment was
ordered.
Strout & Gage for petitioner.
Haskell for State.
The following decisions and rescripts have been
ceved in cases argued before the law court of this
district:
CUMBERLAND COUNTY.
Fred Quimby VS.. Boston g. Maine Railroad Co.
Rescript-A railroad corporation is bound to keep
all approaches to its depot constructed by it and
der its control for the of persons having lawful
occasion to use them, to 60 to from its depot
cars safe and convenient for such use, even though
the same may be within the limits of the highway.
The plaintiff received his injury on the sidewalk in
State street about forty feet north of the line of de-
fendants' location The sidewalk was constructed by
the defendant in 1873 to repair the damages to it 10
constructing its railroad. 1t then passed under The
control of the city and the defendant ceased to have
any control of it and under no obligation to keep
it in repair At the time OF the injury to the plaintiff
the sidewalk not one of the approaches to the de-
PENDANTS depot, constructed by it and under its con-
troll which it was bound to Keep safe and convenient
for the public travel having occasion to to or from
its depot. 1t part of the bridge constructed
and maintained by the defendant over its road.
Plaintiff non-suit.
Inhabitants of Harpswel VS.. Orr ct ais. Suit upon
the bond of collector of taxes.
Rescript-The evidence fails to show money in the
bands OF the collector not accounted for; aud the
court holds that the omission OF the to de-
scribe the real estate taxed relieved the collector of
and that his omission to do SO was not breach OF his
official bond; and consequently will not support an
action against the sureties,
Judgment for the defendant.
Edwin Clement ct ais. VS.. George F. Foster.
Rescrpt-The court holds that the error in the
award of the arbitrator cured by the remittal of
the plaintiff; and that all the other questions raised
by the bill of exceptions are questions OF fact; and
that the decision OF the justice OF the Superior Court
upon these is conclusive and not renewable in this
court.
Exceptions overruled,
Larrabee VS.. Knight.
Rescript-The defense of res adjudicata fails for
want of proof of the facts which it rests and the
court holds that it is settled law in this state that if
one summoned a trustee is notified before max
ing his disclosure that the funds in his hands have
been assigned and he negects to disclose the assign
ment, his being charged will not be bar to suit
against him for the benefit Of the assignee. Such in
effect, the ruling of the justice of the Superior
Court and the law court is of the opinion that the
ruling was correct
Exceptions overrued.
Stevens VS.. Orr. Trespass quare clausum fregit
Defense-right of way.
Rescript-The court holds that the ruling that the
way in question passed as one Of the privileges and
appurtenances OF the estate conveyed by John Orr to
Richard Orr, and thence to the defendant, without
first finding as a matter of fact that the way was
necessary to the beneficial and enjoyment of the
estate conveyed was erroneous; and it is upon this
ground that the exceptions are sustained.
Exceptions stained.
Starr ct ais. in equity VS.: McEwan ct ais Bill in
equity for the construction of a will.
Rescript-Tbe court is of the opinion that the will
oil Thomas McEwan entities his widow to the possess
sion MANAGEMENT and control of all that shall re-
main of the estate, after payment of the debts,
funeral expenses and costs of administration; and
that it is part of the duty of the executor TO pay
the taxes, TO incur any other expense in keeping
the property In repair that these dut will belong
to the widow; and if she fails TO pei form them it
will be matter between her and the remaindermen,
and not between her and the executor. Decree ac-
cordngly and Bill sustained with costs to be paid out
of the estate,