Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-11-23
WHO WILL PAY
"a, The Loss Of Lewis A. Towards Horse by
the Live Wire7


Lose Of the horse owned by Lewis A.
Howard, which was killed by a live wire
on State street, Tuesday, has been a mat
tor much talked of about the city during
the mast few days, and, incidentally, the
General question Of public protection from
deadly electrical currents. and of respon-
s;bility for accidents resulting therefrom
hos come in for considerable discussion
The points involved in this matter are
CO new that our courts have had no occa-
sion to pass upon them so there are now
M decisions covering this class of ques-
tions In this respect electric railroads
differ from steam railroads, where nearly
every question that can possibly arise
has already been passed upon by the
courts. and the law governing them thus
been clearly established and defined.
The Journal called upon A. NJ. God
dard, Esq, attorney for Mr.. Howard,
Yesterday, and asked him what action he
proposed to take in the matter 81 have
not fully decided" he replied, II have
been absent from the city, and
have not given the case much considera-
tlon. am fully convinced, however, that
both the Electric Road and DR.. Randall
are liable for the loss sustained by Mr..
Howard Hisfcase is a peculiar one He
ia a Door man, with a family to support,
and was wholly dependent upon his horse
for his livelihood. He has been hauling
bouglfs to the city this fall and later on
was intending to haul wood. 1t was his
only way Of earning livelihood. You
will see, therefore, that this loss is a very
eriols one to him. The horse was one
he swapped. for early if.the spring and
with the difference paid stood him about
slOO 1t was only last week that he paid
the last small installment due on
the "boot." Mr.. Howard wants nothing
exorbitant He desires to secure moth
ING but fair and reasonable compensa-
ton for his loss. He does not desire a
trial. He is willing to take 800 and set
tie the matter and it would seem as If this
were perfectly fair, Understand that Mr..
Howard asks no damages on his own &C
count, but simply to be reimbursed for the
horse. As a matter of fact he himself in
attempting to remove the wire sustained
severe shock and has suffered not a little
from the effects of it. He has been una
Bile to sleep for several nights. He was
burned under one eye,and as a result has
been able to see very little out of it since
the accident. + hope that the matter will
be amicably adjusted. '. Mr.. Howard asks
for simple justice nothing more.' TN
Wherein is the Electric Road liable?"
Primarily in neglecting to provide its
trolley wires with guard wires. To be
sure the claiimn" is made that the city gov
eminent has never required this safeguard
but do not see how this fact can be held
to relieve the road from the liability for
accidents arising out Of It's own negligence
and do not think the courts would take
any such view Of the matter. Again the
road is rendered specially liable from the
fact that one of it's own conductors saw
the live wire, running his car under 1t
twice both going up and coming down
State street On the return trip he called
out to the driver of 10-cent team that
the wire was q live one and asked him to
watch it until his return. Clearly the
driver of the 1O-ccnt team was not Obliged
to comply with such a request. This
fact, 1t seems to me, establishes the re-
responsibility of the road beyond all ques-
Hon In one way, however, the killing
Of Mr.. Howard's horse seems almost prov
idential. As you know the accident oc-
cured very near the grammar school
building Soon after the pupils came out.
They knew that horse had been killed
by live wire therein fact saw
him laying there, yet this fact
did not prevent several of them, in spirit
ofboyish foolhardiness from jumping and
catching at the loose end of the wire
which still hung from the tree, not know
ing Hhether or not it was charged. Sup
pose these children had come from the
schoohouse before Mr. Howard drove
along 1t is almost certain that, seeing a
wire blow down and one end resting
upon. the ground, some of them would
have caught hold of it, and fatal results
would have followed"
'S' In what way Mr.. Goddard do yon
think DR. Randall is liable?''
a. For negligence in failing to remove an
unused wire The wire in question was
pistin for him by Mr.. C. H. O'Brien. 1t
was frGm his Office in the DIR. Hill house
to his room across the street, and operated
q call hell at both places. When he ief'
The Hill house Dr. Randall took down TIT
bells and press buttons, and did not re
move the wire. although Mrs. Hill informs
me that she requested him to do so. Nat
'u'aily not associating any. danger with it
he was careless about the matter. People
generally are liable to this mistake