Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-11-13
SUPREME JUDICIAL COURT.
Hon. VIM. P. Whitehouse. Pesidin.
G 7. SrEvxxs, shsr.a
". s. CzoArs. CLERK
r. SHALL. s;enc g,sp pher.


". s. CzoArs. elsrk.
F.A SAAIL. s;snc g.s pher.
TnusspAY New. II
Feel Il Gssisnd ~ Marie Central Rail-
road Cr. Heath 4 Iusli TO. plaintiff,
B,ksr. Baker & Cornish for defendants
The plaiaah in this case says that on VI
! 1915 OF Fseru,,y las. he was the owner Of
psir OF horses, sh d ard harnesses an
iha. on that dag was using them in hauling
logs for the pulp mil a, the east sr d OF The
dam in this city. hauling them on Locke
street aefoss the track Of d'fesdAnts ard
lsi Ding them on the east side Of the track ;
tbs; on she morning Of the day Ia
question the frss load which h.
hauled stuek upon the plank cress
iax Of the track, the horses and for
ward slsd only getting acfoss; that be p
was obtained from the mill and Efforts wer,
msde to clear the trscA OF ths load; hat
while making these effor the wsst bound
passenger traiu came down the ine, suik-
ing ,he team. entirely demolishins the
sleds, in jui ing one horse 9, ihst he disd In
few days AMI starting three ribs
from the backbone Of the other
and depre cisiing his value at least ont
half He claims to recover Of defer dante
because he ssys they were neslegent in ,heir
efforu to stup the trsil He says tha, at
int in the line OF track 1860 feet north o.
tle crossing the head aud shoulders of a
pt rson stasding on the crossing coald be
seen, and from point 100 feet neAter the
strAish h: track and the whole crossing vas ia
full view, ard though signsls were made By
two persons 20 The engineer to haul up, one
OF them ruupiug up ihe track for that pur-
pose, be did not d, SO until too iate
10 avoid collision, and such wac ihs speed
ut which the usia WAS running at the mo
mt Mt of collision that the engine, tender
and one car had pssstd the crossing before
the train WAS brought to ssandstll. The
plaintiff sl.o clsims that the train Was run
ming from IL 20 Is miles au hour, which he
claims was IN yiJlaioa of tie statute which
prov ides that no train shsll run across
highway near tie compact part Of a
town at speed greater than SIX
miles all hoar." He also Gays thai
it was an up grade to The crossing, the
cro.siog being 10 fee. higher than NJ the
point north where the engine first came iu
view. The claim is for $1,000. At noon
the surviving horse was brou sht TO the court
house ard the jury took view Of the
animal. They then proceeded TO the eait
side OF the river and viewed the tcepe Of
the sccidens. The defendants opened
their case shout O'Clock In the afternoon
through their counsel, Mr.. Cornish,
who conducts that siis Of the csss, Tee
defence is that the plaintiff was negligent
in driving onto the crossing with the heavy
load which II is claimed he had, and so near
train time. Also that it was impossible for
the engineer to see the crossing or any body
upon II at . point farther away than 1900
feet on secount of . curve, and that the
engineer in this case fret saw the team at
III At point. while running about 20 miles An
hour, having at that time shut Oh the
cam; thai seeing the team AS he
did, it did not appear to him ns
being stuck, and he did not realize that
there vas trouble until he had approache J
to within 700 or 800 feet Of 1t, when he
Immediately pu! oa the air brakes. reversed
his eDgine ard ,uiled the leyer to start aAnd
from the sand box onto the rail. The de-
PENDANTS alec claim that they were not ia
violation Of the statute as to fast running,
because the crossing was not in "compacl
part" Of the city. The defendants had moi
concluded their testimony at the time OF
adj journment