The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1886-09-29
Supreme judicial Court.


Ahpl liOHt%ItU " SlltpUtTt IL SWIM.
1hursdag .Segt %. The pins story is
as follows: That in May lao5 he met the
deft In the highway near his house when
they had some words after which deft. |
threatened if he caught him alone he
would give him pounding
lie did not meet deft. but few time, |
till February 9. lss6, when he met him in |
the woods where they both owned land
and were teaming, when the delft struck
him In the face. brnsing his face and
breaking his nose, choked him and dislo
Gated his shoulder.
This action is brought to recover dam
ages for the assault and battery and also
damages ON account of the trcspass upon
plf-s land at the same tim.
Deft saws that on the nth of February
he was driving out Of the woods with n
load Of lnmber, when he came in sight Of
PHI and his son, the pin. hallooed to him
when he heard him he stopped, and pin.
then came toward him with a sled stake
and struck him "A severe blow on his ell
bow, that he caught hold OF the stake and
Mt the same time struck PIN in the face
knocking him down. that after nc was
down he struck him again in the face He
then got up and PIN drew from his peck
ct n revolver threatening to shoot him and
would have shot him II pin : son had not
prevented 1t. lie denies that he chokcd
pin, or inflicted any injury on his shoulder
Verdict for pin. 5000
Merrill. Walton y Walton.
SATURDAY. Sept. Is. Hiram Watson ct
al VI Israel II. Bray.
Account annexed to recover 922 for ser
vices rendered in purchasing wool for the
def. in 1879 and commissions on the
purchase OF 3l70o pounds of wool at the
rate OF cents per bound.
Dcft admits that in the spring Of 1879
he made a contract with the plf for THEM
to purchase wool for him, and for their
| services he was to pay them at the rate OF
two cents a pound, but he says that he in
structed them to pay IS cents a ponnd
and early in June he found they had
agreed to pay 40 cents. Az he had FUR
nished them some money and they mad
paid 1t out In small sums to bind the bar
gains they had made, he felt obliged to
take the wool. but he told them they had
exceeded their authority and while he
would p-y the commission they had
agreed to pay their sub-agents he should
not pay them their commission. Some
trouble arose between them. ON the 18th
OF Sept. 1873 they settled the whole mat
ter up and although he has dealt with Mr.
Watson since he heard no claim for any
services rendered in 1879 till nearly sx
years afterwards.
Plffs say a certain part Of their bust
ness was settled in September but their
commissions were not settled but were To
be settled afterwards They say that
they did not agree to pay 40 cents
pound for any wool until directed 30 to
do by the dcft.
! Verdict for deft.
Brown, Holman. Merrill, Ware.
Emily j. Buck vs.. Henry J Fogg.
Action on check for s2l2 given by
debt to plh on the 30th day OF Sept.
1889, payable March /, 1883 at G. +. Full
Ter 4 Co. Bankers, Boston
Defense, The check was sent to PIN
to pay for some bonds which she WIS to
send me but did not
Verdict for plf Spelling
Walton 4 Walton. Merrill & Coffin
Tuesday Sept %.
Olive A. Bigelow VS. Bcnois A. Fogg
The plfi's statement Is that on the morn
Ing of the first day OF October 1888 the
delft. came to tornville where she n girl
OF Il years old was at school and asked
her and his niece, Eva Fogg, to ride with
him up to Miss Eva Fogg's fathers, telling
them he would bring them back in season
for school When they started, instead
OF going towards Mr.. Foggs started for
Skowhegan. Finding he was going in an
opposite direction from what he told
them, she became frightened and asked
him where he was going he said he was
going to the corner when he should turn
towards Foggs farm. When he passed
the corner he still kept on towards Skow-
hogan she then asked him where he was
going he said to Nath,l Smiths. When
he came to Smiths he did not stop; she
then asked him to let her get out; he
told her to sit still All this time dcft.
was driving rapidly. She became more
frightened, and knocked off Eva Fogg's
hat, hoping that he would stop to get
that and she could then get out He had
ut that time driven two miles and as
Fogg wonld not stop she jumped from
the wagon, striking on her feet and fall
ling forward on to her hands. After that
time she was not able to walk as she
had before and was obliged to change her
boarding place to house near the school
building; that ever since, she had suffered
pain in her back and hip and when
walking il not able to put her left heel to
the ground, and as a result is suffering
from serious female difficulty.
Deft. admits that when he went for his
niece Eva Fogg he told her he wanted
her to 90 to her fathers farm, when In
fact he intended to take her to Skowhc
gan, where her father was having Il trial
in court and where she was wanted as a
witness. He denies that he invited the
pir. to get into the corriosc; he says that
he objected to her getting in, but his
niece invited her. When he found that
she was becoming frightened he told her
II she would wait until he came to good
place to turn that he would to so and
carry her back.
He introduced several witnesses who
testified that they had watched the plh
on many occasions and that Mt those
times she did no: walk lame that she has
walked on many occasions n distance OF
one mile, two miles, and even three miles,
that last winter she slid down hill and
walked back, that this summer she has |
helped load hay. He claims that neither |
she nor her family complained to the |
physician OF any trouble except this lame |
ness, until within Il month, that il she has
any other trouble 1t has been brought on
by her walking and by the work she has
been doing. and Is not the result OF her
jumping from the carriage.
Verdict for plaintiff, $1,000
Walton & Walton Merrill Coffin.
REAL ESTATE TRANsrRRs-Th follow