The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-04-28
Superior Court.


wEDNEsDAY.--John +. Plummer and John E.
Plunmer and wife VS.. The Eastern Railroad Co.
Two actions tried together to recover damages
for personal injuries sustained by reason of the al
legged negligence of the defendants servants in the
management of gravel train.
John E. Plummer is a farmer, 20 years of age re-
siding at Oak HILL Scarboro. Mr.. Plummer testi-
fed that on the morning of the oath of September
1880, he and his wife drove into town, and on the
way out, when just beyond the Kerosene works saw
the regular O'Clock passenger train from Port
land for Boston pass; that just before approaching
the crossing at Cape Elizabeth Depot his wife asked
him if any cars were coming, anu he replied no,
not from Boston way, because the 8 o'clock train
had not time to reach Oak Hill, where was the first
crossing, and for another train to get back; that
the view of the track from the Boston way was OBJ
scured by houses and bushes, and was further rem
dered obscure by the fact that just before reaching
the crossing the road runs into hollow; that they
were both looking Portland way until they were
nearly upon the crossing, when something attracted
their attention to the other side, and gravel train
running 9aekSaTa t was right upon them The
and several witnesses residing or working in the vi
cinity testified that the bell was not rung nor the
whistle sounded. The train struck the wagon
throwing the plaintiffs out crushing the foot of Mr.
Plummer and injuring Mrs. Plummer, as she al
leges internally, besides fracturing her collar bone.
On the part OF the defendants the train men and
some Others about or near the crossing testified
that the regular crossing whistle blown and the
bell rurg; that everything was done on their part
train was running at rate of speed between ten
and twelve miles an hour. but that the accident in
stead OF occurring as the plaintiffs state at
quarter past really happened at a quarter of TO-
three quarters of an hour after the regular train
for Boston had passed. The defendants contended
that the plaintiffs negligence contributed to pro-
duce the accident, and therefore they were not en-
titled to recover.
The jury rendered verdict for the plaintiffs as
sessing damages for John 4. Plummer at $500
and for Mrs. Plummer at $1,000.
Strout q Holmes for plffs
Webb & Haskell for defts,
Jon c. Colby Fanny c. Humes.-Action upon
two promisory notes, one for S6o.75 signed by AL
bert II. Humes, husband of defendant and endors-
ed in her name, and another for SGT purporting to
be signed by defendant. The defense is that the
signatures of Fanny C. Humes are forgeres Albert
H. Humes took the stand and testified that the sig
natures of the defendant his wife, to the notes
were genuine; that after his departure from the
city his wife wrote him TO help her of the diff
hculty about the notes, and he wrote two letters
which were introduced in evidence acknowledging
that he forged his wfes to the notes. but that
there was not word of truth in the letters. Upon
cross-examination by Mr.. Ray, counsel for Mrs
Humes, he testified that he usually wrote Mrs.
Humes about once weeksfrom Canada where he
had gone upon his sudden departure from the city,
These letters read in evidence and in them he
begs his wife to take him back, to forgive him. to
ask Mr.. Ray if he is safe in Canada and reiterates
the assertion that his wifes upon the is
a forgery. In each ter he Winds up with the
statement that in few days he will be dead to the
world. Humes was under cross examination when
corut adjourned
5. c. Strout for plaintiff
Ray g. Dyer for defendant.