Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-06-04
cLosE Of 4 CELEsRArED cAsr.
Motton and Ex~eptiona = -
ers ". Mitchell Case Over-rSHs 1SW

Inc Law Court announced asdeci.;on On
Wednesday. in the case of Serena r. Power.
-. Thomas Mitchell, overruling the motion
ana exceptions of the plaintiff, and ,enda,;no
nnai judgement for the defendant. Tb;. mt.
an end to one of the most noted ca.es ava,
tried in this State.
on January 9, 1880, Miss Powers brouob,
suit against Capt Thomas Mitchell, of nj.
CITY, to recover damages in the sum Of ten
snousand dellars, for personal iniur;e.
Grained to have been sustained in conse.
quence OF the defendants alleged negligence
IN causing collision of sleighs in which the
parties were respectively riding on State
street, Augusta, on the 10Th day of Decem.
Der, 1879.
The suit was entered at the March torn,
1861 OF the Supreme Judicial Court, Kenne-
pee county At the October term, 1880. a
trial was had, Messrs. C. w. Goddard nj
Portland. and A. M. Spear of Hallowell. act
ing as counsel for the plaintiff, and Messrs.
Baker, Baker Cornish, and E. W. White
mouse OF Augusta, as counsel for the defend
ant. The first trial resulted in disagree
ment OF the jury. At the March term, 1881
second trial was had and a verdict rendered
ior the defendant. Counsel for the plaintiff
thereupon filed motion for new trial and
that motion was argued before the Law Court
held at Bangor in June 1881 The Law Court
set aside the verdict. third trial was had at
the March Term 1882; and again the jury
disagreed The counsel for plaintiff there
upon filed motion for a change of venue
and asked that the case be removed to Cum
berland county. The presiding Judge granted
the motion and the case was accordingly re-
moved to the Supreme Judicial Court
for Cumberland county. Counsel for
defendant then filed motion to dismiss
the action from the docket of Cumberland
County on the ground that the order of the
psesiding judge was made after the adjourn
! ment of court. The case therefore went to
| the Law Court second time upon this ques
| in Portland. The Law Court sustained the
defendants position; decided on August g
| 1888, that the case was not properly removed
and remanded it to the docket of the Supreme
Judicial Court tor Kennebec County Al
the October Term 1888, counsel for the
plaintiff filed a second motion for change o.
venue and the presiding judge ordered re-
moval of the case to Sagadahoc Co.
A fourth trial was had at the April term
1884, at Bath, and again a verdict was rem
dered for the defendant The counsel fol
plaintiff again filed a motion for a new trial
and also exceptions and at the May term
1884 the case was for the third time argued
before the Law Court. On Wednesday OF
the present week the Law Court announced
their decision, everything plaintiffs motor
and exceptions, thus ending the case in favor
of the defendant. 1t will be seen that the
case has been pending in three different
counties, has been tried four times before {
jury, and been three times before the Law
Court the litigation Intending over period OF
| four years No case has ever attracted the
attention of our citizens more this. The nu
merous friends of Capt. Mitchell heartily
rejoice in his ultimate triumph and extend tt
him their sincere congratulations.