The Portland daily press., 1892-12-17
SHE TRAVELLED ON A PASS,
But Miss Rogers of Brunswick Gets
$3.50 just the Same.

The case of Marcia E. Rogers, VS.. the
Kennebec Steamboat Co., was finished
in the Superior Court yesterday.
The plaintiff, an unmarried lady
about 80 years of age, residing in Bruins
wick, was invited by some young lady
friends to accompany them to Boston
by way of the Bath steamer. They said
they had a pass for four ladies. This
was November 20, 1890. On arriving at
the wharf in Bath, one of the young lad
les went ahead up the gang plank and
reached the steamer, but just as Miss
Rogers was about to step aboard the
steamer swung off little, letting one
end of the gang plank drop into the
water. AS it dropped over the side of
the steamer it threw the footboard,
which was attached to the end of the
gangway, back upon the plaintiffs leg,
cutting deep cash between the ankle
and the knee seven inches in length and
lacerating the periosteum OF. covering of
the bone. She was carried homo and
was not able to walk at all for nearly
six months, and was not able to do any
work for nearly year. Formerly she
was employed as a clerk in dry goods
store at six and seven dollars per week.
Now she is not able to stand, and has
employment at much less rate as book
keeper in the Water Company's office.
She says she has constant pain in her
leg and ankle, and is unable to walk any
distance, or stand for any length of
time. The damages claimed in the writ
were $4,000.
The plaintiff says she did not know
positively that the pass was to include
her, SO she took money with her intend
ing to purchase ticket on the boat if
necessary.
The defendants claim that she was go
ing on free pass, the terms of which
were that the receiver was to assume all
risks of accident whether happening by
negligence or not, and that therefore she
cannot recover. The defendants also
claim that the steamer was very icy and
that the gang plank slipped without neg
ligence on their part.
The plaintiff never saw the pass and
said she did not know the conditions of
it, nor that there were any conditions at
tached to it. On the part of the defense
it was testified by Miss Niles, who had
the pass and wanted Miss Rogers to ac-
company them, that she, Miss Niles,
made the remark at the Brunswick de-
pot that they must be very careful and
not get hurt, for they were on pass and
at their own risk. She said that she.
jokingly made that remark or SINH lar
ones three different times before the
accident. Miss Rogers testified that she
heard no such remark, nor any allusion
to the pass whatever.
The judge instructed the jury in effect
that if they found that Miss Rogers was
travelling upon q free and gratuitous
pass, paying no money or other consid-
Grafton, at the same time agreeing with
the steamboat company to relieve the
company from any liability for accident
or injury sustained while being trans
ported, she could not recover. But if
she was being transported for payment
of fare, or if she was travelling upon
free and gratuitous pass without any
agreement to relieve the company of liza
bility then the company, if negligent,
would be liable.
The jury went out at 1880 and at
o'clock returned a verdict for the plain.
tiff for $3.50.
Weston Thompson for plaintiff.
Judge Symonds, with A. G. stilphen,
for defendant