The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-12-23
SUPREME JUDICIAL COURT.
The following decisions and rescripts were re-
ceiyed by the Clerk of Courts yesterday;
crrAREPTANrD roIrNpV

lie following uccISiOuS anu IeScIlpto we're Tc-
ceiyed by the Clerk of Courts yesterday
CUMBERLAND COUNTY.
Samuel Rounds, in error, VS.. State Of Maine.
Rescript.-An indictment for forging an order
on savings bank may properly allege that the
whose name is forged; and such intent will be
concusiyey presumed from the fact of forgery
without further proof.
A general verdict was rendered against person
accused OF forging an order on bank, upon two
counts in an indictment, one count alleging the in
tent to have been to defraud the bank and the
other to defraud the pretended drawer of the
order, and after verdict the first named count was
removed by iloIle proseq1d. Held, that the record
is not thereby rendered erroneous. 1t is inmate
rial whether the jury based the verdict on one
count or the other or on both counts; the offence
was one and the same under each count and there
is no repugnancy between the counts.
Former Judgment affirmed. Prisoner remanded
to the custody of the warden of the State Prison
to complete the execution Of his sentence.
Portland y Rochester Railroad Company VS.. In
habitants of Deering.
Rescrtpt-In assessing damages to be recovered
by railroad corporation against a town for its
land taken by locating town ways across its track,
the jury may take into consideration, in order to
ascertain present value, not only the use which
the railroad now makes Of its located limits at the
crossings, but what use it may reasonably be ex-
pected 1t will in the near future make of the same.
1t is not an unconstitutional exercise of legisla-
build and maintain highway crossings laid out
over its track, so far as such crossings within
its located limits, although the law Imposing such
the company being subject to the general laws of
the State in existence when its charter was
granted and such as should be thereafter passed.
Damages are not recoverable by a railroad COM
pany against town which has laid out ways
over its track, for the interference and incOn-
yenience occasioned to its business by the open
ing of the new ways, nor for any increased risks
or increased expense in running its trains caused
thereby.
It is admissible for witnesses, who have COM
petent judgment and understand the elements of
the question, to testify to their, opinion of the
having highway located over its track
Exceptions to rulings of the commissioner, in
part, sustained New trial granted.
YORK COUNTY.
Susan H. shannon VS.. Boston g. Albany Rail-
road
Iaescript.-Apers waiting at a railroad station
for passage upon train to depart, who is in
yited by the ticket agent to sit in an empty car
standing on the side track while the station room
was being cleaned, is entitled to the same protec-
ton from the company while in the car as if in the
regular waiting room; in either place the person
is a passenger in the care of the company.
For passenger to jump upon or off of moving
tn train IS ssG JGe'o nSeggence if injured there
the railroad, to prove reasonable excuse for the
act
Whether a passenger had or had not a reason
able excuse for jumping upon off of moving
train, is usually question for the Jury; an eX-
IRENE case either way may be determined by the
court.
A passenger may in some cases be justified in
aghting from moving train to save himself
from serious inconvenience; all depends upon the
speed OF the train and the attendant circum-
stances.
Three ladies', while waiting for the train to
start in which they were to take passage, were
invited by the station agent to sit in an empty car
on side track while the waiting room was being
cleaned he assuring them that the car would re-
main there; without signal or notice of any kind,
the train to.which the car was attached began to
be moved by an engine without conductor or
brakeman on board; started by the sudden and
unexpected movement, and alarmed lest they
might be carried away from their intended des-
tination, they hurried to the rear of the car and
jumped out, while the train was still abreast of
of them became injured by Jumping; she obtained
verdict against the company; and the court de-
termined that the verdict was not so far amiss on
those facts as to require it to be set aside.
Motion and exceptions OYerruled