The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1888-01-11
Somerset 8. J. Court,
DECEMBER TERN.

Somerset 8. J. Court.
DECEMBER TERN.
CHARLES DANFoRTH, J. Presiding.
FRIDAY jan. 6-El'zabeth parks, ap.
pellant VS.. Sebasticook and Moosehead
Railroad Co
Benjamin +. Parks VS.. same.
Two cases tried together to the same
jury. The plaintiffs claims damages for
land taken by the defendant : railroad
They are the owners of contiguous farms
lying half or three quarters of mile
from the Pittsheld station The de-
PENDANTS road splits these farms in two
taking "A strp four rods vide and near
hundred rods long, through the breadth
OF Mrs. Parks farm This takes from Mrs
Parks about 23l acres and from Mr.
Parks about acres. The county com
mlssionScrs allowed to Mrs. Parks. $780,
90, to Mr. Parks 1890; from these al
lowances the plaintiffs appeal, and each
claim 100000 damages. Mrs. Parks in
addition to the acreage of SO much land
taken and the common inconvenience Of a
divided farm, found a special incon-
yenience In having to drive her cattle
across the railroad on grade To pasture.
She says that before the building of this
road the cattle went to pasture through
/
| themselves at night of their own accord
and further that the pasture failed of
water in dry seasons and the cattle came
up at midday for water at the barn
! That since the building of the road a
man has to be employed specially to drive
the cattle to pasture thro igh two pairs
of bars that have to be closed and the
same on their return, that is, To make
| two trips every day Of the pasturing sea-
son and sometimes four Mr.. Parks has
the same general inconvenience with his
| farm and the special inconvenience that
the route to his pasture is increased in
distance on account of the location of
the cattle pass Both parties INTRODUCED
witnesses who recited all the ncon-
eeniences they could think of and then
gave their estimate of damages on ac-
count of the location. Llewellyn Parks
| thought his mother was damaged from
$1,000 to $500 William b. Cross thought
she was damaged $1,000, James +. Con-
nor said $1,000, Henry A. Morrill, $1,000
Hanover S. Nickersons estimate was
$500 or $1,000. On Benz. +. Parks case,
he set his own damage at $1,000. Han
over S. Nickerson set it at $500 or 5000,
James +. Connor at $500 or 600.
After the evidence for TIL appellants
was out, they submitted their case with
'hN ohtil hS any tNlutHCc Oll tlitli part.
Mr.. Bradbury argued for the railroad,
and Hon. 5. S. Brown appellants The
jury returned u verdict for Mrs. Parks
for 5000 and for Mr. Parks $4,000.
Mr.. Bradbury files motion to set aside
the verdict on account of excessive dam
ages.
Brown with Hackett for complainants
Merrill with Bradbury for respondents
iSdturdoy Jan. 10. S, Haskell and
Lewis Wyman, executors of the estate of
Mary w. llathorn VS.. Sebasticook &
Moosehead Railroad Col
Florence L. Drake VS.. Same.
Two cases tried together to recover
damages for land taken by the defend
and : road. The land taken from Mrs. |
Hathorn was little strip adjoining the
Maine Central Railrord location, on the |
north side of it, in Pittsfleld village, con-
tanning little more than one seventh of
an acre.
OF Mrs brakes land little more than
two acres was taken splitting field of
26 acres. Besides this, she had con-
siderable outlayinS pasture land. The
county commissioners allowed for the |
strip in the case S37 80 For damage to
Mrs brakes piece they allowed $4,000. |
From the allowances, the complainants
appealed.
On the question of damages witnesses
gave opinions. Mr.. Haskell thought the |
little piece that he represented worth
$500 and would have sold for that. lie
did not think the adjoining land was in
jured hy taking that strip; the damage to
Mrs. brakes land was, in his Judgement,
Sl500. Mr.. James + Common thought
some of the lots crossed would bring
$500 and that Mrs. brakes land was
damaged at least $1,000. Other witnesses
testified to values of other village lots for
the purpose OF comparison. The size of
lots in Pittefcld is 8 rods by 4. Mr.,
Lancy had sold such for Si0G, would be
willing to give Sl5O for lots crossed by
the road and adjoining thereto before the
location. There was testimony that,
whichever way the land was plotted,
about % lots would be crossed or touched
by the location.
The jury increased the allowance in
both cases, giving Mrs. Ilathorns estate
$50 and Mrs. Drake $532,48.
S. S. Brown with lIackett for com
claimants.
Merrill with Bradbury for respondent
MoRday Ian. @ Henry A. Morrill,
applt v. Sebasticook and Moosehcad
Railroad Co.
Mr.. Morrill's lot of % acres, in or near
PittStleld village, bought in 1850 for
$1,000 was split in two by the defendants
road, taking one acre of land and sepera-
ting a valuable plant for brick making
lying on the right of the road from his
rising clay bank on the left, spelling
good prospective business. Most of his
land he thinks would cut up and work |
into good building lots at Sl25, each
eight rods by four. The county commits
sioners thought his damage $500. The |
jury gives him verdict of 5000.
Brown with Ilackett Tor plaintiff
Merrill with Bradbury for defendants.
Monday Oh. Michael Dyer VS.. S. < NJ.
X. II. Company
Another appealed case for land dam
ages for the road running through his
farm and another strip of land in Palmy
ia. The county commissioners awarded
him $500 for damage to his farm, and so
for an outlying piece. The jury allowed
S275, and 800.
Brown with IIackett for pl'f
Merrill with Bradbury for def't
Samuel Bunker VS.. Roger Chase. Debt
on Judgment.
Dcfense. No such judgment The
trouble seems to be the loss of the origi-
nal writ. Law on Report,
Simmons for plf
Harrington for deft.
Tuesday ION. Henry A, Hard admin
istrator of Lydia L. Boston VS.. inhabi-
tantS of st. Adams.
Assumpsit on the following town or
derS:
Si2l.60. ST. AIRANS March %, 1882
To A. j. Bonney, Town Treasurer, or his sue
cessnr. Pay to Lydia Boston, or order, four
hundred and twenty-one dollars and 60-l0O,
and interest annually at five per cent. 1t being
for renewal of order No. l73, for the year 1881.
No. 81.
J. NJ. SKINNER, ( Sclectmcn
y. II. NlNING, of
S. l.. MAYO. st. Adams.
$50. ST. ALBANs, April ., 1883.
To A. J. Bonncy, Town Treasurer, or his
eessor. Pay to Lydia f. Boston one hundred
and fifty dollars and interest annually, at five
per cent. 1t being for money hired to pay town
debt for the year 1882. No. As.
j. NJ. SKINNER, ! Selectmen of