The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-01-09

BEFORE JUDGE sYMoNDs.
TUEsDAy-The January term was opened this
morning by prayer by Rev DR.. McKeown.
The jury were empsnnelled as follows:
Samuel B. Anderson Falmouth.
Abram Biakford Gorham.
Albion Burbank, Cape Elizabeth
George A. Cannel, Baldwin.
Edgar Dow, Standsb.
Leonard Fl, Gerrish, Portland.
George FL. Hill, Windham
William P. Hayden, Raymond.
William d. Libby Westbrook.
Samuel K. Milliken SCARBOROUGH
Eben Patterson Freeport.
Seth 4, Sweetsir, New Gloucester; Grin Watkins,
Cssco.
Excused-A. II. Holmes, Brunswick; Jacob w.
Robinson, Portland; Thomas H. Mathew, Deering.
Adjourned until Wednesday at ten o'clock a. m.
The following decisions with rescripts by Chief
Justice Peters have been received from the law
court by the Clerk of Courts for the Western Dis
triet:
AEDRosooGGIN COUNTY.
Leeds, appellants from decision of Commission
ers of Androscoggin County.
Rescript. A road was laid out by county commits
sioners in the towns of Greene and Leeds; Leeds
appealed to a committee; the committee affirmed
Held. that Leeds cannot object to the acceptance
OF the report of the committee, that they gave no
cause an order for notice does not ap
pear upon the docket, although contained in the
commtsSlon nor Decause one OF the road petitioners
was made one of the CONN ttees The persons having
beea agreed upon by the parties with full knos ledge
Of the fact, and no objections having been raised
thereto until at the argument In this court
Exceptions overruled. Order of the court below
affirmed. ~ 49, -;s.ssi y
CUMBERLAND COUNTY. -.
Hugh johnson vs.. Frank Joseph. -
Rescrlpt.-In our practice, when plaintiff has
anything TO prove, to make out . full and perfect
case if il be no more than to establish the amount
Of where the ira All
and not nominal. or accessible by computation
merely. he has the right to open and close, The
plaintiff sued for an assault and battery; the de-
PENDANT pleaded "son assault deesne plaintiff re-
Piled fde i1JuYta' The defendant was al!owedto
open and close, the plaintiff objecting.
Held, that the plaintiff had the burden Of show
ing the amount of damages sustained, and that de-
priving him Of the right to open and close is
for a new trial.
Exceptions sustained; Few trial granted.
FRANKLIN COUNTY.
Andrew p. Young in equity VS.. Jacob witham.
Resc,ipt-When an appeal in equity, from the de-
cision Of single judge Is heard by the whole court
upon q report of all the evidence adduced at the
matters Of fact, win not be reversed Snes. i
clearly appears that such decision is onerous; the
burden to show the error Hes on the appellant.
OXFORD COUNTY.
Albert L. Holmes ct al. VS.. inhabitants of Paris.
Rescript.-A town is not entitled to the statutory
notice Of twentyfour hours of defective road be-
fore liability for injury caused by 1t, In case
where the encumbrance causing the defect, Is
ereated by q surveyor while acting as servart Of
the town. In such case the town is estoppe from
claiming the statutory notice. Stass5ssss. some
times be sqpit Construct to such extent even
ato give TO them effect in direct contravention
Of their literal terms. Usually thing within the
letter Is not deemed be within the statute if CON
trary to The intention of the statute.
Exceptions overruled. Declaration adjudped
good.
YORK COUNTY.
Minnie M. Bond VS. City Of Biddeford.
Rescr.pt--A written report to city of its street
commissioner that one Of its bridges was decayed
rotten and unsafe, the report having been printed
and circulated by the city IL admissible In evidence
In an action against the city for injury mputable
to the defective bridge for the purpose of proving
notice of the defect to the municipal officers
Motion and exceptions overruled.