Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1884-09-30

been exceeded the meadow would NOT
have been flowed. Witnesses testified
that The meadow Vas flowed during The
season Of 1854. Evidence IVES also intro.
daoed 70 show the value Of The grass on
this nowed meadow. and - 70 the dam
sEe done H.
The defendants claim that they have .
prescrip,lve right 10 nov the territory In
dlspute. that u has always been . part OF
The mill privilege 10 now the sane that
other parties have flowed II, since the
Clemsntlne Moore transfer, and therefore
they cxnno, be held by the provisions OF
that deed. They also claim that Clemen'
tine Moore had no authority 10 make q
valid deed Of the property. They deny
that tAsrc was enough water In their pond
during Jane. Jaly AMI August, lss2, 10
food ant lnlare plaintiffs meadow, bai
that the meadow has been benefited by
such nowsge a. IL has sastsiasd. They
lntrOiuced testimony 10 show that the
dam was leaky and the water WAS % low
they could run The mill bit very little Of
The time duriag these three months, though
their wheel would run with a2i2 Zoo,
head tha, when the meadow was badly
flowed. during that season IL was due 10
heavy rains. which we're conveyed 90 the
pond By thrce OF four brooks, raising Il
Suddenly. and hat they could not be Ia
be for same. A. - the value % The hay
crop on the meadow. witnesses testified
that though there Vas heavy growth OF
grass. u wAs OF poor quality. and almos,
yslaeless. They also claim that The plata
ua could have cut the grass. such a. u
was, N he had exercised due diligence.
In regard 70 the liability OF chsplla Viz
gin. defendants say he hal sold the mill 10
Staples and Vaughn ,ha, he was neither
owner Of The mill nor partner In The bnsi'
ueSs, and therefore could not he held Ia
Die 10 this case. Piain,if says, true Viz
gin sold The min. bat A. he gave wafran'
Tee deed. and holds a mortgage i5r fall
value OF The property, he Is really The par
" Al intercs, In the matter. They also
tined 10 prove that 10 was BY bis aiVlce
that staples and Vaughn kept The lash
boards on their Gam and retained A. much
water A. they could, during NE Summer
% - The iary brought In two verilcts.
one o. not gullsy In favor % CAAphn Nir-
gin. and one 10 iAvor Of plainiir. assessing
damages against Staples All Naugan Al
So 81 This wAs a peculiar case, bclng
an action Al common law. and not under
The nowAge act II has no parallel 10 the
Maine Reports. II Involved several In
trlcats AMI important la~ questions. upon
some OF which Judge Haskell was obliged
70 rule without prcocicnt The case IL 10
b. reported % the Law Court, AMI u viii
b. = Leading case. when the questions In
volvci have been settled.
g4s. william L. Chapman Va En1sA
Brown.
Glhson Hcrrick.
Thls vas an action OF trcsPAss, 10 waich D
defendant Is saei Cor The value OF plaln.
urs horse which Was Killed 10 March.
is5 TIE plA.stla resides 10 Bethel, and
l. farmer Ani horse dealer. March 23,
issl. ne hal several horses ani cows on
his place. Thls DAY be went 20 Shelbarns,
\. n. % make horse trades, taking two
horses with him. Before leaving. be told
Frank n. FROST a yoang nan. seventeen
years % age WHO an bis chores, 10 take
two horses Ani Que COW down b The
brook aboai . mile from their home, for
water. 10 vas dry scsson. al they bal
20 water al the house. FROST took TIE
COW BY halter A. she had recently been
purchased In The neigAborhooi, AMI 70
was feared she wosli run home, and drove
two horses ahead % the brook. Amer
watering the stork. he s;ariei for home
bringing with him pail % water 10 one
hand. and holilng the COWS halter Ia the
other This wN 10 the evening" sometime
from four % sin O'Clock, a. The boy hal
retained from school GA The sane day
Eulah Brovn the defendant 10 this suit,
drove - Bethel with his horse, and ~.
turned bringing with him twelve basheis
OF corn Qua pair % traverse slcds. lie
met the Pros, BOY with bis stock All pail
Of water. between ChApmAn's house aud
The brook Here testimony begins 70
materially disagree. Frost says that
Brown triei 10 drive the loose horses
back. ant caused them 70 stop and tarn
pat lato deep snow on The wrong side Of
defendant. that Brown did not speak 10
him did no, e., % o. his sleigh ana 10,
taru oct % the road Brown testlhes that
he iid not attempt 20 drive The horses,
but said 10 the BOY that be had better drive
them bach few rods 10 some pines, where
there was good turnout. that FROST sad
be guessed they could pass, and urged
them onward that be hal turned oai OF
the road With bis sleigh. a. far a. be could
considering the narrow character Of The
road and the sonness Of the snow. 10 trylng
20 pass By Browns team the horses noun'
dsred oai Into deep snow, and one Of them
was 30 injared TIA, he could no; be raised
upon bis hind legs Plalnilf and other
witnesses think its back was broken. Tes-
tlmOuy showed that Defendant turned his
team about al the pines, and came back 70
where the horse lay; that be then helped
about digging the snow away from the
injured horse and 10 trying 10 raise him
Finding their efforts unsvalllng. he drove
10 the residence Of Peter Y. Bean and asked
him 70 20 10 the place OF accident, and
help. Bean and other men went down,
out slx men could not get the horse on
bis feet ChspmAn's daughter advised
killing the horse. which was done. Plain
TIC claims that the horse was worth sI5 e
him, and that Il was injured and KILLED
because OF the negligence OF defendant In
not turning out Of the road. Defendant
says he did exercise Ordinary care anc
prudence on the OCCASION that be wa
no, responsible Tor the accident that h'
dld al he could 10 assist In saving IN
property that the horse was an old broker
down thing. no; worth over go, anyhow
The Jury WAS out for some time but nnally