The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1891-04-02
Somerset 8 j Court
MARCH TERN, ls9l.
'IRGI% l. pygVdigg.

I. W. HovEN, County Attorney
CnAs. o. BAmiows, S'enograPher.
g. II. PIsHoN, bc1F
J. II. Mitchell. Lyman Grant, c. l.. Neazie
Chas Dyer, VIM. PushoT, ii. b. Russell
Deputies.
Dana 5. Pishon, Messenger.
The case of stephen c, Mills vs. Somer-
set r. r. Company came on for trial on
Thursday last and occupied the balance of
the week. This is case which was tried
at tn. last term of court and resulted IN a
disagreement of the Jury. 1t is an action
on a contract for work performed in grad
ing the extension of the Somerset Railroad
from Carratuuk Falls to Bingham, a dis
lance OF seven and n half miles.
The contract price for whole work was
twenty-three cents a cubic yard for earth.
The plaintiff claimed that in the course Of
his work, very soon after commencing it in
fact, he struck cut which was what is
known as "hard pan" which he claimed
was not included in the contract, and for
which he claimed extra compensation not
only did the "hard pan" appear in this
first cut, but a short distance further on 10
the work another cut was encountered
which was composed of the same material.
he DIhlnIlH tIhiiltAl THAI Ht uItt WI bOHLi
Aver, the President OF the Somerset Rail
road, on the line of the work and complain
ed TO him that the work was very hard and
that he could not do it for the contract
price Of twenty three cents a cubic yard,
and that Mr.. Aver told him to go on and do
the work and he would see that it WAS all
right, and with that understanding he
went on and finished the work.
Mr. Aver, in his testimony, denied all
knowledge of such a conversation and said
that there was no agreement on his part to
pay any more than the price named in the
contract. The counsel for the defense
claimed that Mr.. Mills was a man of e1-
perience, had been over the line thorough.
ly before he signed the contract, and tina,
he should not recover anything.
Plaintiff claimed some over six thousand
dollars for something like six thousand Gu
bic yards of hard pau contained in the two
cuts The jury after being out for an hour
and a half, brought In verdict for the
plaintiff for S3l3i50.
This is the most important case thus fai
tried at this term of court.
The following persons were arraigned
Thursday and Friday on indictments; Sell
don C. Scammon, Fairfield, single sale
pleaded guilty. Sentence, $50 and costs
$35.27, paid.
Everett B. Quint New Portland, nuisance
pleaded guilty, fined $50, costs s72 Go
paid.
Silas G. Small, Fairfield, single sale
pleaded guilty, fined $50, costs; $500
paid.
Adelfort A. Stephens, Norridgewock
common seller, pleaded guilty fined 800
costs ;s2i.52, paid.
James G. Harlow, Dead River, common
seller, pleaded guilty, fined 500, costs
s53 SO.
Granville Lisherness, Embden, common
seller, pleaded guilty, fined 500, costs
1924 II, paid.
Randall Archie Mullen was arraignet
Thursday for Bigsmy, pleaded not guilty
and in default OF bail was committed fol
trial.
Monday March 30-Edwin c. Bradbury
ct al VS.. Alden j. Ellis ct al, Suit brough
to recover charge OF S99.75 for balance
due for hay and hauling said hay into the
woods for joint use Of plaintiff and de
PENDANT. The defendants claimed tha
they bought the hay direct of tho plffs
instead of In company with the plffs
that the hay was poor and they should
not pay full price. Verdict for plaintiffs
S7G.3l
Merrill & Coffin for plf..
C. o. Small and L. l.. Walton for defts
Tuesday March 3l-Nelson Crymble vs
John Walker. Parties reside at No. New
Portland. Suit brought to recover dam.
ages for alleged assault by deft. upon plif
October 2lst last. Crymble Is black.
amIth 80 old Walkar 1aft
drills at his shop to be repaired. The
drills were lost and difficulty arose abou,
them. The parties had some words In
the morning and In afternoon at Chase's
store came to blows, In which the plf
got the worst of 1t and brought sui,
claiming that Walker struck him with q
closed knife In his cenched hand injur.
ing the orbital bone and affecting the
lie acted 10 self-defense using only force
necessary to protect himself. Verdict
not guilty.
Parlin for pln.
Simmons for delft.
Wednesday-Oscar Relnsten of Boston
vs.. Frank j. Watts OF Norridgewock
Suit to recover value at 200 coats sent tt
defendant by plf. to be made up and wer'
burned when deft. was burned out Dec
l5, 1890. Plf claimed that deft. agreed
to keep coats insured but did not ant
brings suiuto recover. 1t was shown tina
printed instructions accompanied the
goods. one item Of which was that they
should be kept insured. The Judge In
structed the jury on the evidence In tn,
case, to find for the pff. Verdict for plfI
for 81 1853 81.
Il. Lowe and Geo. c. Wing for plff.
C. A Harrington and Merrill 4 Coffil
for deft.'
On Trial-Noble vs.. Luce. Noble bring
action to recover for injury sustained b,
the falling Of q school house In Pittsflelt
that Luce was moving.
Tuesday and Wednesday arralgnment
on indictments were made as follows:
Edwin Smith for maintaining q nui
sance, pleaded guilty and was sentence,
to a fine of sl50 and costs $50. Paid.
Ben Hilton, on single sale, PLEADED
guilty and was 6nedi $50 and costs $50
Paid.
Richmond Williams, common selle
pleaded guilty. fined 800 and costs e35.
Samuel B. Brook, common seller, plead
cd guilty, fined 800, and costs S35. Paid
The result of the liquor Indictment
this term thus far Is about el400 In ine'
and costs, or about $1,000 In fines.
Deafh Of Ceovoe W, Buvoeaa