Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1891-12-10
State Of Maine.

State OF MAINE.
To the Honorable Justices of the Supreme Judi
cial Court in vacation.
The petition of the City of Ellsworth against the
County Commissioners for the County OF Hancock.
Your petitioners complain that the said County
Commissioners at the October Term, A. ID. 1881.
and while in regular session in their rooms In the
curt house for Hancock County received pc
tit'on which reads as follows =
ITO the Honorable. the Court of County Com
mssioners for the County OF Hancock, next to
be holden at Ellsworth. within and for the SAID
County of Hancock state of Maine, on the
second Tuesday of October, a. d. 1871.
uuMBLY shows the undersigned inhabitants of
IL Ellsworth, County of Hancock, state OF
Maine, and 'who are owners of cultivated lands in
said Ellsworth, and responsible persons. that the
bridge over the outlet Of Branch Pond on the road
leading from the old Bangor road so called, to the
house of Vinal I. Hooper, said bridge being near
the w-miil of said Hooper, is dangerous and out
OF repair, that 1t Is unsafe and announcement for
travellers, horses, teams and carriages and In
consequence said way Is dangerous, unsafe and
announcement as aforesaid; that said bridge and
worth that said City Of Ellsworth is liable TO
maintain said way and bridge and to keep II In
repair as aforesaid that the municipal officers of
said Ellsworth have had five DAYS actual notice
and knowledge of the defective condition of said
bridge and way; that said Ellsworth and said
Municipal officers thereof have unreasonable and
do unreasonably neglect to keep the same in re
pair as aforesaid. wherefore they pray your
Honors that view of said bridge and way may
be had and that such repairs may be ordered as
will make ii safe and convenient as aforesaid;
that the costs of said proceedings may he award
ed against said City of Ellsworth that such other
proceedings may be had as Your Honors may
deem proper.
Dated at Ellsworth, this October 18th. A. d.
1891"
Said petition signed by Arthur shute and
thirteen othels. On said petition said County
Commissioners made AN order as follows:-
"STATE OF MAINE.
HANCOCK. IS Court of County Commissioners,
October Term, \. u. is.iI.
Upon the foregoing petition, 1t Is considered hy
the Commissioners that the petitioners are
sponsihlc. and that they ought to he heard touch
Jog the matter set forth in their petition and there
fore order that the County Commissioners meet
at the house Of V. r Hooper, in Ellsworth, on
O'Clock 7. NJ and thence proceed to view the rout"
mentioned in said petition, Immediately after
which view hearing Of the parties and witnesses
VII! he had at some convenient place in the
vicinity, and such other measures taken in the
premises rs the Commissioners shall judge proper.
And II Is further or,iercd-That notice of the
time, place and purpose of the Commissioners
meeting aforesaid, be given to all persons and
corporations interested. by serving At atte~tcd
copy IF the petition and this order thereon, NJ on
the cle'k of the CITY of Ellsworth, one upon the
Nayor Of said CITY of Ellsworth, and upon
Arthur Shnte one Of III" petitioners, and hy post
Ing up attcsted cops ~ aforesaid. in one public
place, in said city in the vicinity Of way complain
Ell of. tyc days AT least before the time appointed
ior said view, that all persons and corporations
lit.
Attest JOHN +. kNoWLToN. CLERK"
On the 22nH day Of October. \ y la sail
Commissioners met the petitioners At the house of
Hooper, and after viewing the premises
made the following decree ~
STATE OF MAINE.
HANCOCK. IS n Court IL County Commissioners.
october Term. II being the twenty fourth day
Of october. \. II. ley',
VA ikEEA~ Arthur Shutc and thirteen others
= lpueI [
within aud f3r the County q HancocL and state
81 Maine in accordance with Chapter r ishteen;
section htty three OF the Revised statutes Of said
state a. follows setting forth petition as above
And whereas We the sy,ii County Commissioners.
were satisfied That such petitioners were RESPONSE
be Tor tie costs of thc proceedings we fixed a
hH'' ana place ear -uoh defective vas for >
hearing on such petition, amt caused mott, Z !" BE-
given to the lit' ami petitioners. hy III" following
"rdrr. To Wit Setting forth "rtier anl notice ~
Ab"ft.l IN accordance with u" above order AMI
notice and at thf tim" app"lnte" We viewed the
NAV ami heard the parties interested. a. follows
We met at the house of '. r. Hooper in said fn-
worm near sam way. and being satisfied that the
Mnn'".iHl officers q -ait City q Ellsworth. or
"h' them hai Md NE days actual n"tlre or
hh"" 't'Et OF IN" detective condition before We
MtIv htuu"nt'l ami that notice ha't been given
!" th' 'tF ani %" petitioners -urh a. we Pre-
H'i''l AuH "i'tred. we pnHc"''lrl /" we" -ahl
detective way, apd after htrh view q hearth OF
ne lalheo Interested Was had At The house II \.
i""pcr, a convenient place N the Vicinity ot
sara Way me petitioners appearing hut Tho MHnt
c'ph! officers OF said civ, although they had no
t'r a'"rc-aio' tailed |" appear amt after fat
AnI iar hearing We report a. follows
inat thr 'hA ~ Ellsworth ~ ordered Z" pr'
''r' luin"'Hat"lF Tn repair the lriicc mcutiouyI
Ia al" pcttion situated 80 Branch Pond stream
are near the dwelling hou-e = ual Hooper.
>tiH hr'i-r I" hc repaired n follows stone
ahutmcut- To- lt iat ~ each enc. at Add bridge
,uup"itinE four str1usCr- 81 -'Und heminck tim
htft thr covering ~ -Nrh NIi ~ ~ hp of hrmlOrl
plank three inches thirh ~aAi ahutmruts to bc
twenty feet apart ~ Sufficient distance to
admit OF the free PIs-ag" Of The water. sad
bridge % Pc twenty tvct Whit aua properly rallcd
and to he pul In proper repair Oh or hrfsr,. tnt.
first day ~ December. i, u l-gl. And ,,e award
ihe costs taxed at twenty i've dollars against the
sA.d CITY OF Ellsworth
Therefore wc urlrr nrtlrt # our prurtcrilnr- a.
rct tuuh III thi- report. gwen to H. Muutrlrl
officers of said CItt at i,worth. by ratt.iu., Ia
Be- given in hand to one uf the Municipal unirrl-
~ Hail guy an atc-ttl Copy " thi- report on or
before the twenty ->cycutn ,lal OF Drtnbcr, l. h.
~ Stlt decree "t' s!Eucl by j VI. iiut"hihs
az" Il Aiken on TIE part Of The COUNTY Com
mlHeiohtt-
l"ui petitioners believe that said Commission
ere A'tr'l "h"tiy without Authority. a. the defect
'tl r"t tN!st IN part uf the highway In thr limits
houni I" kecp safe ard Suitable for travel for
horses, carriages and other vehicles. etc,
l"dr petitioners further ~, that thos have had
=" sGihrl"ni notice OF the time ami place Of tte
nearing, ~ the notice given by said commission
rrs mast mean the 22nd Gay Of nct"brr. ! j..
~ anu tAf'h'f mat ilt records of saht COM
mi~s!"ners 10 not -hoW that they fpund ss!u de
ret % Pc IN way that rai City ot Ellsworth are
u"uH,i 70 Keep In repair A. set forth IN said pct