The Somerset reporter., 1891-01-15
Somerset s. j. Court.
DECEMBER TERM, 1890.

n. w bRAiNEhn, Nitfk-
+. W. HoYEY, County Attorney.
STANLEY j. EsrFs, S,enographer.
q. II. PisHoS, Sheriff.
J. IL. Mitchell, Lyman Grant c. L. Yea
ze, Emery Written, II. b. Russell, Deputies,
Chas. Farbrother, Messenger,
Thursday. Jan S-Mary A. Jewell v. Geo
+. Jewell.
Testimony on both sides closed.
Arguments of Counsel submitted.
The Court submitted the case to the ju-
~ at 10 A. NJ. and in ten minutes they re-
turned verdict for the Deft.
Mary A. Mosher V. Inhabitants of
Smithneld.
This is an action of the case to recover
for injuries sustained by the PHI. on the
9TH of Aug. 1889. by reason of defect In
highway In Smithheld. The defect Is al
legged to have been In the bridge over
Meadow Brook" the westerly line OF
Smithheld, between that town and
Rome.
The PIN. in her deposition testifles that
she and her father, Mr.. De Barron with
horse and wagon on the 9TH day of Aug
1889 went from Rome to Smith1eld vii
lage and returned over the bridge when
the injury was done, that just as the
horse had got upon the bridge, as far as
the hfth or sixth plank from the Smith
field side of the Meadow Brook he fell
and she was thrown from the wagon up
on the ground of plank of the bridge and
was so stunned or dazed, so that she was
partially unconscious, she was standing
by the wheel OF the wagon, the horse was
| lying on the planks of the bridge nearly
| to the railing and her father was holding
the horses head down.
| She assisted in freeing the horse from
the harness and her father got the horse
up and harnessed him to the wagon. She
then found she was hurt and bruised up
on her head, arm. shoulder, leg and back.
that they went slowly to their home in
| Rome, her clothes were removed and she
has been confined to her house or bed ev-
or since, has not been able to use right
arm since the injury. PHI. saw hole in
bridge where the horse fell, about 2 + ct
long aud 6 or inches wide, 1t WAS north
Of path on bridge where horses travel.
Friday Jan. Q.
Mr. and Mrs. Blaisdell of Oakland tes-
.iied to crossing the bridge June 80 and
80 1889 with a team and saw hole In
bridge about feet long aud or I inches
wide, about five feet from north railing
of bridge. That they crossed same
bridge the 18th Of Aug. and defect In the
bridge had been repaired.
Mr.. Higgins Of Oakland testified that
he lived in Smithfleld In summer of 1889
and often crossed the bridge, saw the
hole In the bridge several times about the
time of the accident and notified VIM. Ii.
Ellis, one of the selectmen of Smithfield.
of the defect In the bridge. Says it was
| tvc o -,
inches wide, 1t was to the north of the
horse path on the bridge, that as he was
going west across the bridge his right
wheel passed over the south end of the
hole, said there was board about feet
long seemed to be tackled over the hole at
times when he crossed, but he has seen
the defect when 1t was not covered by
the board.
Other witnesses were called to the same
point In the case.
DIR. Stinson of New Sharon testified
that he was called to see the Plff. Aug. 7,
1889 and described condition of PITS. in
juries, rs to bruises on her person and her
physical condition and that In his opin-
ion the results Of the injury are3 perma-
nent.
Testified that he visited the Plff. daily
for several months and occasionally ever
since his first visit.
DIR. Croker Of Augusta was called as
medical expert and testified as to the ex-
tent and nature Of the injury to the Plff.
Saturday, Jan. 1O-.Dr Parsons Of Oak
land also testified that he had examined
the physical condition Of Plf. and pro-
nounced her injuries permanent and seri-
Gus.
Baxter Mosher, husband Of PHI. testl-
fed as to injuries to his wife on the 9th
Of Aug. 1889 and Of her condition to the
present time.
Mrs. Estes testified as to care and
watching bestowed by her upon the PHI.
for q long time after the accident
Mrs. Berry, the daughter Of PHI, also
testified A. to nursing and caring for her
mother since the accident.
Monday, Jan. IL.
Plf. called John Downs of Rome who
testified that on the 10th of Nov. 1889 he
commenced the school In the Mosher
district and went to board with the PHI.
He had previously bargained to board
there.
He then found the PHI. partially confn-
ed to her bed and Rom, and under the
treatment Of DR.. Stinson. He boarded
there until the close OF his school In Apr.
1890. He says PIT was unable to do her
homework while he boarded there, was
unable to use her right arm and did not
have full use of her right leg walked with
hopping gait.
Next saw PHI. Aug. 4, 1890. She WIS
still unable to use right arm and leg, he
has seen her almost daily from Aug. 4, to
the present time and she Is now about
the same as when he saw her In April
1890, seems some better.
A rigid cross examination showed no
change In his testimony.
One other witness was called by the
Plf.
Defense opened by L. L. Walton, and
DR.. Robbins of Norridgewock was call, d
by Defts., who testified that he. by re-
quest of Defts. In December last went to
Plf's house and made examination as to
Plti's physical condition at that time. He
found her lying on her bed. Her counte-
nance and general appearance did not in
dictate illness. She complained Of her
right shoulder and arm and right leg.
| Witness measured arms, found right
armilarger than left, discerned no differ
ence In size Of legs, he attributed her
complaints tn neuralegic rheumatism.
| DR.. Lindsey of Norridewock was also
calei to show Pits condition at the time
Of examination by Dr. Robbins.
DR.. Lindsey sustained the testimony of
DR.. Robbins.
Tuesday, Jan. I3
The testimony introduced to day is de-
signed to show1that no injury was sustain
ed by the Pln., that no defect existed in
the bridge and that the accident did not
occur on the bridge but in the highway
where no defect existed.
Mr.. Clement of Rome says he examined
the bridge within hours after the acct
dent and found no hole in bridge or evi-
dence of accident on the bridge. Loren
20 and Benz amin Stevens of Rome testi-
fled that they crossed the bridge Aug. 8.
after the accident. saw where q horse had
been down IN the road before the bridge
was reached, that they stopped on the
bridge and one of them went back where
the horse had been down In the road and
picked up strap supposed to have come
from the injured carriage.
Mr.. Ellis testified to knowing of de-
feet In plank In the bridge and by di.
rection Of his father put board or 8
feet long over the defect, some time in
June 1889. The board was produced In
court aud Unidentified by Ellis and Others
Wednesday Jan. l4-Several witnesses
were called by the plfi. In rebuttal OF
testimony introduced by the delft, and
the evidence on both sides was closed at
| 10 :l5 A. M.
| Mr.. Wslton for the defts. commenced
his argument at 1880 A. M. and closed at
| l2 80 p. NJ.
Mr., Baker for the plf. occupied from
2 to 4 P. M. In presenting his argument.
The Judge In his charge occupied until
5.l5.
Tho turv ratlrAd At K 40