The Portland daily press., 1890-04-11
PENoBsooT couNTYs ). COURT
BEFORE JUDGE HASKELL.


way company. An action 10 recover damages Tor
personal injuries. The plaintiff was locomotive
engineer in the employ Of the defendant Company.
On the morning of July LIST, 1889. the Montreal
express bound east was disabled about six mile
east OF Mackamp by the breaking of a journal on
the engine. The conductor went forward, on foot
and by handcar, to Moosehead, telegraph sta
ton about 10 miles distant to report the accident
60 tie superintendent's office at Brownville juno
ton and ask for assistance. The Brownvilie of
fee received his dispatch, reading; Broken
Journal on engine IA one mile east of Mackamp
Please arrange for assistance" The plaintiff,
then In charge OF an engine at MOosehead station
received from the superintendent office tele-
graphic orders to go Immediately to the disabled
H M one mile east OF Mackamp and bring it to
MooSehead. The order was repeated back to
Brownville and confirmed. The engineer then
received his running order, bearing the name of
L. A. Mckinn0n, the superintendent, and read
ing run from Moosehead TO one mile east of
Mackamp regardless Of all trans. Look out for
train 2Ol with disabled engine one mile east of
the engineer, accompanied by the conductor Of
the disabled train, ran for the point named in his
orders at speed Of about 20 miles an hour, and
when within six miles of Mackamp and about five
miles nearer than the point named, in passing
through deep cut. on a curve, he came upon the
disabled train. He reversed his engine, gave it
steam, the fireman set the brakes and both
jumped. The engineer was thrown into a ravine
upon the broken stone which had been taken
from the cut Several ribs were broken, his right
lung torn, his face cut and his back injured. The
fireman, and also the conductor and one or two
Others Others. upon the engine, escaped uniniured. Al
though its wheels were reversed the momentum
of the engine carried it forward until it came into
the express, but with speed so reduced that the
damage was slight The engineer Of the express
instantly stepped upon the relief engine and shut
off the steam before 1t could run backward on the
line, The injured engineer was taken up and
cared for, and removed to his home at Oldtown as
soon as his condition would permit Since that
time he has performed no labor and claims that
The INJURIES which he received are permanent.
- -. slsn claimed that the defendant compa
abled train. ~ "i'
The defense claimed that the plaintiff was
guilty OF contributory negligence that had he re-
NAMED upon his engine in The exercise of due
care the injury would have been ayerted; that
me misstatement or miscalculation of the dis
lance by the conductor, If negligence at all, was
nsegLgence on the part Of co-servant, for which
lne defendant company could not be held respon-
slple and commended further that the rules OF the
company DID not require the tagging of a train
ahead, which fact the plaintiff was REQUIRED 70
KNOW, having In his possession the printed rules
OF IN lne company by which he was to be governed
Inc Jury, after being out three hours, returned
Veralct for the plaintiff for $1,000. Ad damnum
Appleton Chaplin. Wilson g. Woodland.