The Portland daily press., 1889-08-14
SUPREME JUDICIAL COURT.

The following decisions and rescripts have b. en-
sent down in cases argued at the law term last
July:
FRANKLIN COUNTY.
Inhabitants Of Phillips, appellants from decis-
Rescript. Appeal from Judgment of the Coun-
ty Commissioners refusing to discontinue high
way. The committee of this court reported an
sioners, which report was accepted by The presid-
ing justice. TO which ruling the appellants ex-
The only objections relied on are: FIRST that
the committee erred in requiring TOO much evil
dence. Second; that the proceedings in originally
locating the highway were defective.
The first objection Is clearly no ground Of ex-
ception as the committee were the judges OF what
ton cannot be considered in this proceedinp The
remedy of the directors, If any, is by certiorari
Exceptions overruled
ANpRoscoGGIN COUNTY.
0ryille Jones VS.. James Woods.
Rescript. The rule of damages given to the iury
Scrutcn, 80 Me-, 2s7. Exceptions sustained.
OXFORD COUNTY.
ST. John Hastings VS.. Charles P. Bartlett
Rescript. The plaintiff agreed to cut aud haul
all the ash timber on certain lands In Newry in
the county Of Oxford; and for so doing the de-
resist the payment "a Of he $1,000 1pon tSe
ground that the plaintiff has not performed his
part OF the agreement. The plaintiff replies that
consideration, he was relieved from a full and
complete performance of this agreement as first
made and, In support OF this allegation, the proof
the jury retu. ned a verdict for the plaintiff for
sl044. The defendant asks for new trial, be-
and the damages maDifesty excessive. The
court has examined the evidence with care and is
OF the opinion that the verdict is not contrary to
the weight of the evidence nor the damages ex-
cessve and that the motion for new trial must
be overrnled. Motion overruled. Judgment on
the verdict.
SOMERSET COUNTY.
William ID. Atkinson VS.. Francis K. Parks.
Rescript-The question was whether Atkinson
Parks and Bros or for Francis E. Parks. The
language OF the note, the oder Of the endorse
Ssn The S tine scsrs e the
evidence, that the note and the plaintiffs en-
dorsement were for the benefit Of Frarcis Z.
trary was clearly and Enthusiastically wrong.
Motion sustained. Verdict set aside.
YORK COUNTY.
James Burnie VS.. Boston & Maine Railroad
Rescript-The evidence clearly shows that the
present damages, already sustained by the plain
till are comparatively light, and would be fully
Ss oy muc smaller sum a than that
rant the jury in asse, sing future or prospective
damages, 1t not appearing from the evidence that
such damages are reasonably certain to occur.
II the plaintiff shall within thirty days after re-
ceipt of this rescrpt remit of the verdict all over
nve hundred dollars judgment to be entered for
plaintiff for that sum, otherwise the verdict TO be
set aside.
York Harbor and Beach Railroad Company, ap-
pelant from decision OF County Commissioners.
Rescrtpt-The exceptions presented In this case
show that the appeal was dismissed for want of
sunicent evidence to sustain ir.
The appellant when appraised by the appellees
answer that the facts rected 1, his petition were
denied should have supported the same by evi-
dence and not have submitted its cases upon the
naked petition without the necessary proofs. Ex-
cepti0ns Overruled
York Harbor and Beach Railroad Company, ap-
pelants from dec sion of County Commissioners,
locating town way in York.
Rescript-The exceptions In this case show that
the appeal properly presented to the court allege
no snftcient jurisdictional facts 10 warrant the
court In allowing the appeal, and it may therefore
Susan Page VS.. Caroline Wakefield.
Rescrtpt-The evidence in this case fully sus-
tains the verdict of he jury, rendered upon a
charge of the presiding Justice to which no ex-
ceptons are taken. N0Teas0n is shown why the
verdict should be disturbed. Motion overrued.