The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-02-24
superior court.
BEFORE JUDGE BoNNEy.


FRIpAy.-Wsrren Aldrich Y. Inhabitants OF Cor
ham. his Is an action to recover damages for in
iures to the person and property of the Plaintiff re-
ceived through an alleged defee i've bridge in the
highw y of the defendant town, called the Flaegy
Meadow road
The plaintiff resides at Saccarappa, and prior to
the accident peddlsd groceries through Gorham,
Buxton and adjacent towns He says that on tie
morning of September I'd, 1882, he left his father
in AVIS in Buxton at about three O'Clock with
horse and express wagon to go to Saccarapps; that
he reached this bridge about four O'Clock, and as he
drove upon it at rate OF speed not exceeding six
miles an hour his horse SHE'D or ste. ped one size,
broke through the bridge, throwing him from the
wagon over the abutment upon the bank OF the
stream that he has an indistinct recollection OF
leaving the horse struggling on the bridge and af-
forwards going over into he water; that he lost
consciousness, which continued, with the exception
Of short period of time. until the next day.
man living near by the bridge wh' arose ea'ly
to carry a sd of corn to market, heard the noise
at the bridge and went to the The evidence
on DO tn sides established the fact that az the cor
ner where the hole IN the bridge was found tn re
were few short panks, and that they were in some
me sure decayed that there had been small hoie
there for some time previou- over which the high
way surveyor had lac,d patch the day before the
accident.
The plaintiff claims that he received severe bodi
ly injuries rom which he has not and may not re-
cover for long time.
The defendants claim that by the tracks of the
plaintiffs wagon, as seen that morning, and which
could be silly discovered there, having been light
rain during the night by the tracks OF the horse by
certain marks Vt paint upon The BRIDE, by the aD-
sence of any All the edges Of the hole the
bridge by the position of the horse and wagon when
found in the b. COX it is evident that the paintin
drove the bridge, turned round, went back Oh
70 the bridge and SO off over the side inlo the
stream, and their theory is, that the plaintiff rip
ped up the patch himself, tore up or smashed
through the rotten planks, and in trying TO drive
his horse iuto the hole forced him against the rail-
ing. which gave way, and the team went over into
the stream and accidentally throwing the paintih
over the abuIment that he did not intend 10 lnJure
himself but to sell his horse and old wagon to the
town But aside from this the defendants cam
that according to the plaintiffs own story, as told
BY him on the morning of the accident that a bird
few up out of the bushes, which caused his no Sc
to shy-he is not entitled to recover because the ac
OF the bird which, of course the town IS not re
sponsible was contributing cause of the accident
and by the law of this state enable the plaintiff
TO recover, it must appear that the defect a4ont
caused the accident
The defendants also claim that the symptoms Of
siarias to the plaintiff have been grossly exagger
ated not only, perhaps, for this case but because hi
A. drawing twenty dollars week on an acciden
policy. .,,,.. ~;
The plaintiff denies that bird OF any 0sne. .l'
maj frightened the horse. He says ne ooes ho
know what caused the horse to sheer to one SIDE
be did and that up to tue time he was thrown u
his horse was not unmsnagdable.
rhe jury returned verdict for the defendants
In saswer to d question by the Court Inc loiellal
said that the verdict was upon the ground tnss an
other cause outside of the defect contributed I
produce the accident. The counsel for the piainln
have filed motion Tor new trial and excepllops'
F. NJ. Rays. c. Strout for plf
strout Holmes for defts.
Wesley Sawyer Y. Andrew j. Cash. Action Q
Islander 10 recover damages laid at $500. III
plaintiff is school teacher in Cape Elizabeth, sn'
Alleges that defendant eircu ated s,ores imput
ing The crime of LARGE y t. plain iii. On trial.
Frank tor pltf. N g. II. b. Cleayes for deft