Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1890-10-29

W. 8. CHoArE, Clerk.
G. T. STEVENS. Sheriff.
RUEL SAIrm, Reporter.
MONDAY. Oct. "a.
Thomas Tibbetts in eq W. Sarah Cram.
+. Z. Southland for complainant; E. W.
Wbitehouse for respondent.
Thi. is . bill in equity to reform 3 deed
The complainant claims that in the summer
Of 1889 he bad negotiations with the re-
spondent for the sale of lot of land on the
Kennedy road in Augusta, and that they
fiaally concluded bargain and had deed
made Of what he supposed was the lot sold !:
that some six months after the deed was
delivered he discovered that mistake had
been made and that he bad actually con-
We, ed lot on Hospital street. He claimed
that he informed the respondent of the
mistake and thst she gave him back the
de- ed to have deed OF ieconveyance made
and thst he made deed of the lot intend
ed 10 have been conveyed and offered it to
her. but that she Afterwards declioed to
rsctify the mistske and insisted on holding
the lot on Hospital St.
The defendant denies that she bargained
for or Intended to purchase the Kennedy
road lot but did intend to have tha Hospital
St lot, and that she had repeatedly refused
10 buy the ether. On motion Of the de-
fendsns the court ordered that the jury pass
upon the que stion IS TO which lot the de-
PENDANT contracted 10 purchase. The jury
had rot agreed when court adjourned.
Court comes in At 3 o'clock this morn
ing.
TUESDAY, Oct. 2S, 1890
Tibbetts vs. Crsm. The jury returned
their verdict in this case at the coming in
Of the court They found that the defend
ant contracted TO purchase the lot on the
Kennedy road, Ms claimed by thu plaintiff
Berj Shaw vs.. Alton Sawyer. Z. W.
Whitenouse. for Plaintiff; Geo W. Hesel-
ton. for Defendant.
In this action the plaintiff seeks to re
cover $1,000 for personal injury He claims
that on Dec &c. 1883 he was walkisg ac-
ros. Kendall street IN Randolph in a pru-
d mt manner when the defendant who WAS
driving on the street run into him. threw
him down and severely bruised him he
claims that the defendant was driving in a
careless and negligent manner at the time
and is therefore responsible for his iojurles.
The defendent claims that be vas driving
at the rate of some five or six miles an
hour at the time, and the defendent came
OUT Of his house and crossed the road in
frost Of him without looking to see whe ther
a team WAS coming or not. and that as .
matter Of fac, the plaintiff was guilty Of
negligence on h's part. and that the defend
ant did all he could TO avoid the collision,
that it was in the edge Of the evening and
20 dark tt al he did not see The plaintiff in
time to avoid him. The jury had not
sg.eed when court adjourned.
Specisl Jurors were called in to-day and
second Jury organized by the choice of
Wm. X. Piukham of Oakland as Foreman.
The other jurors are Albert NJ. Brown Of
augusta; Geo. W. Carter, Hsllowell; II.
Il Foster, Waterville; Geo. s. Getchell,
wia-low; Jos. s. Hill, Gardiner: l.. We'll
lington Hunt, Randolph; Geo. W Matter.
Reedfield, (excused,) Henry Matthew,
Watervilie; Geo. A. Parks, Augusta; NJ
F. Payne, Gardiner; W. II. Turner. An
gus'a.
Court comes in at O'Clock this morn
in