Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-02-07

atof from kennehec / am not strenuous
about this matter, but there are few thing,
to which wish 70 call the attention Of the
Senate before they take actioa upon this
bill. You should bear in mind, Gentle
men. ~ il ssems to me, that ve are legis-
lating for S6o. 900 people, and that in chang
ing this law we are makirg q material
change ia Law which directly affects the
| most OF the people within the state
Of Maine, whether they Be parties plaintiff
| in cases Of this kind or parties defendant
| - are towns. The present law has been In
| operation some twelve or thirteen years at
least and l Am not aware that to this Legis-
lature has been addressed any petitions or
requests desiring any change to be made in
the lsv. As the Law stands now, twenty
four hours actual notice are fequirsd
do net vish to discuss questions Of law.
will sinr's say that my understanding OF
the lt~ 4 RS somewhat from that of the
Senator froni Ht'Tnebec. As | understand
it. the word '.sctuAi does mean something
and is held by the courts of this State TO
mean something. When the question of
an injury arises and the matter of bringing
suit for such An injury 10 under considefa-
ton, ~ the law stands ct the present tire,
1t is. in most cases, an easy thing to de-
termine whether ''twenty- four hours actual
notice" has been given; and =
lawyer or his client can determine
whether or not upon that point Of the case,
he has sufficient to maintain his action.
But when you DO sway with this and sub
| stitute reasonable" it strikes me that it
throws Us back upon the question of con-
structive notice and whether or not the case
can be maintained depends upon its partic-
ular circumstances; aud no ms.tef how
short the notice may have been, every
attorney feels that he has . chance to 70 to
the jury upon the question Of whether or
not, under the circumstances Of that par
ticular case, reasonable notice WAS not had
by the defendant town? It seems to me
that in practice, the result of this change
would be q very material increase Of
litigation in this class Of cases
within this State. 1t might result in bene.
fit to attorneys, though this consideration
does not enter into this case as the senators
we'll know, in the case of the senator from
kennebec. 1t involves = material
change ia law well settled,
and the construction of which 10 well
settled by the courts of this State.
There is no general law applicable to all
classes in this State but some hardship
arises under it. have found juries quite
as often disposed to favor individuals as to
favor towns. 1t seems to me the part of
wise legislation, In the absence of demand
for the repeal of this law, and of any peti
ton for>such action, to let the law remain
as it now is, and concur with the senator
from Penobscot that the bill should be in.
definitely postponed"
Mr.. Libby Of oscogein-Before the
motion is put desire to submit the follow
ing amendment to the bill: Amend by
striking out the word reasonable" in the
10th line and inserting instead the word
"actual." Also insert after the word "no-
tice" in the same line the words "for a
reasonable length of time" so that it may
read: "If the commissioners of such
county, municipal officers, highway
surveyors or road commissioners
Of said town had actual no.
tice for reasonable length of time of the
defect or want repair" which motion to
amend was lost. A vote of the Senate
then being taken upon the motion of Mr..
Thatcher the bill was indefinitely post
pone1.
Mr.. Swsnton of Sagsdahoc, then moved
thst the Senate reconsider lis action where
by upon motion OF Mr.. Rogers Of Washing
ton, bill in favor Of the Ssgadxhoc Real
Estate association was laid upon the table
yesterday TO be printed.
The President called the attention of the
senator from Sagsdahoc to the fact that
Mr., Rogers was absent.
Mr.. Swanton stated that it was probable
the senator from Washington had tabled
the bill under q misspprehension Of its i'm
port, that it was of an entirely private
nature, that the association which it con-
cerned were very desirous to have the bill
passed that its business might not be de-
iayed, as such delay would affect it quite
materially, as the association had reached
lis limits as to investments; and that were
Senator Rogers present, he (Mr. Swanton)
should, Of course, ), call upon him to take ii
from the table.
The motion was lost.
On motioo by Mr.. Ryder Of Peno bscot,
Adjourned.