The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-04-17
THE MAINE STATE PRESS.
MAINE.
CHASE VS.. MAINE CENTRAL II. r..
ERd OF she Trial of Noted Case--verdEet
for Plaintiff for S3s95.

NSpSo'at W INC 1fese.l
BATH, April IS Since Saturday the case of
Mrs. h. Il. Chasa VS.. the Maine Central Rail-
road has been pending before the I'd traverse
jury, Spaulding of Richmond representing
the plaintiff. j. Ii. Drummond of Portland ap-
psaring in behalf of the railroad
In February, 1882, during the ice season,
Mr.. Edwin z. Chase was struck by a train of
the Maine Central Railroad and SO injured as
to expire in leas than an hour. MIR. Chase was
travelling Oyer an old farm road built long be-
fore the railroad. and used by the occupants
OF the Kidder farm, in Communication with
the main read. When the railroad divided
the farm into two sections it also served as
connection between the two sections, and had
gates across at the fence lines near the rail-
road track. When the Knickerbocker Ice
Company began operations at this point
short distance from Gardiner, the road was
leased to them. and Under the increased travel
the gates were removed. The road was stIl
not a highway or town way and under the
Statutes signal by whistle or bel was not re-
quIred to be given on the approach of train.
The evidence she " that the deceased could
not see the approaching train as hs rode
along in his high backed sleigh between the
high snow drifts, nor could the engineer on
tho train see the sleigh or it's occupant for the
same reason. Tho man was moving at about
five miles per hour, the train at about %
miles per hour, not excessive for a train, and
slow for horse.
The horse, sleigh and harness escaped the
collision almost uninjured, but the man was
killed. strange Circumstance. The horse saw
the train as it was within few feet of the
road, and tried to turn around, in doing which
hs overturned the sleigh and its occupant was
pfecipitated against the engine and killed.
On two points the trial seemed to hinge: 1st,
the nature OF the road; 2d, the culpability Of
tue road. Under the first it was shown as
aOove stated that although the road was not
a highway or townway still it was constantly
used during the ice season by the Knieker-
booker Ice Company. Under the ID, il was
proved that no carelessne,s on the part Of
deceased contributed to the oausualiy, or
negligence, under the statute governing
signals for crossings on the part of the rail-
road. After lengthy remarks By both counsel
aud charge by Judge Foster the jury retired
at $50
II is necessary to add that the suit was
brought by the widow, Mrs. e. F. Chase, for
$1,000 damages. The case has been twice
tried bsfore, first in this court then a lower,
aad verdict for $370S.33 rendered, appealed
BY the railroad company. Notable in the case
is the fact that in estimating tho amount of
damages the jury are only TO consider the
amount of suffering Mr.. Chase endured in the
three-qaarters Of an hour preceding his death.
The law permits no consideration being given
to the fact OF his dealh, or the desiitution of
his family thereby.
LATER.
The iufy were not out loBg before they
asreed upon verdict for the plaintiff of $3.-
lie