The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1885-04-01
March Term of Court.
IIBBEY, j., rRx-IpIsa.
Wednesday, March 70.
,u,, nawes W.. Truman Berry.

Wednesday, March 20.
Allen +. Dawes VS.. Truman Berry.
On the cath of November, 1883. PHI, sold
his farm to def. for $500. There was At
the time In the barn some 70 tons Of hay
and six tons of bean fodder and on inc
farm some 20 cords OF DIRE wood ana 70
cords of birch wood cut Deft. Claims
that the sale for 1880 included this per-
sonal property aud that plfY agreed to give
him A delivery of II. The plff, refusing to
deliver 1t. three days after the sale he sued
The pld., attached this property as the
nroperty OF the plff. and took possession
Of il. The plff denies that the sale includ-
ed this property and brings this action 10
recover damages for the conversion. YER
A. mosr IN Ware Brown.
John II. Webster VS.. VIM. Decker.
Action to recover for professional SER
vices performed In an action Of this deft.
against his brother, tried at the ). J.
Court, Sept. T., 1881. Defence; l EN-.
ployed Mr.. Willard to bring my action and
did not employ the plff at any stage In the
proceedings nor consent to his employ
ment. Verdict for plf. $40.
Webster. Waltons
Nathaniel F. Clapp VS.. Elijah Manter.
Action to recover damages to the plf's.
land by OVERLOOKING caused by defts mill
and dam on Dead Stream iD Arson. Deft.
claims the right to flow from having flowed
IL twenty years In succession. Verdict for
pill.
Parlin. Wai1on.
Friday, March 81.
Judith w. Smith vs.. Maine Central r. r.
Co. Matthew Goodrich and Hattie
Goodrich vs.. Same.
These two cases were tried together. On
the morning OF the 10Th of October last,
Mrs. Goodrich drove from Fairfield to
Watervile, taking Mrs. Smith with her.
| When near the railroad station the horse
| became frightened and overturned the car
rage. Plfs. say that at the time there
were two engines on the track near the
| crossing and that the horse was frightened
| by the letting off of steam just at the time
| they neared the crossing. Mrs. Goodrich
received some bruises upon her leg and
| arm, and her head troubled her Tor several
days but she has entirely recovered. Mrs.
| Smith was rendered unconscious at the
time, was confined to her bed some three
weeks, and even now Is not able to sit up
| the entire day every day and is troubled
with dizzy spells
Defts. admit that the engines were To-
Gated about as claimed by the pltfs., but
| say they were being used about the neces-
sary work Of making up the trains and
| that there was no unusual letting off OF
steam. They say that the horse WAS not a
suitable horse for lady to drive. Verdict
| for defts.
Brown, McFadden. Webb.
Tuesday March 81.
James b. Hussey VS. v. M. Vickery.
In July 1884 about the 10th, plff. bought
a horse OF the def. paying him thereof the
| sum Of $l75. Plff. says that deft. warrant
ed the horse sound and told bin II 1t was
not, he might return it and he would give
him back his money. Very soon after he
| purchased him, the horse became lame
| from what he claims was pinched foot
and on the second day of August, he re-
turned him to the def. and demanded his
money. The delft. refused to give 1t to
him and this action IL brought to recover
| it.
| Deft admits that he warranted the horse
sound, but claims that the trade was, that
| plff should take the horse, keep him one,
two or three days, and decide whether he
| liked him or not if not, be was to return
him, if he did, he was to pay him Sl75.
| He admits that the horse became lame,
but says 1t was only a temporary lameness
caused by the shoe being twisted, or by
bad shoeing, and that he very soon recov-
cred and is not lame to day. Verdict for
| def.
| Walton, Merrill.
Lavony Higgins VS. John E. Downs, on
trial.
| Baker. Walton Walton