The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1894-01-11
Somerset y. j. Court.

December Term, 1893
n. " BRhfsERp, Clerk
+. W. HDYEY, County iHornrB.
{ o. BARHoWs. den0grd phet.
J.. =. NILFs. SheriH
deputies in attendance: a +. spea-, =. p.
Pennell, Simon Fox.
Blaine s. Viles, Messenger.
frhiag. bang > In Tie ca-e of Lensl
iiinfahan y. DonHigan, verdict VA
given for the plaintiff for 3329 Defend
iii ills motion to set the verdict aside.
Forrest Goodwin fer planiifi; T.. y. Mer-
rll and L. p. coffin Tor defendant
In The action Horace t. Field y. Pet
CT II. Lang. The defendant has flied Il
motion for "A neW trial.
Martha NJ NJ Peakc, wns granted II
divorce from Alfred ". Ieakes Tor
cdnse of xlreme cruelty.
Tie jurors WHO had been engaged i'll
the trial of Hanrahan w. Donngln We're
excused till Monday morning.
Saturday, JaRy. Moosehead Pulp
and Paper Co. y. John Turner and
trustees, action to recover the sum Of
S2is3.7s. alleged to have been paid in
excess of the amount due. Plaintiff say
thai in March, 1872, it purchased of de-
PENDANT four certain marks Of logs. Hen
piled at Briggs Landing, so-caled. upon
the shore of kcnnebec river in CarrallIull
to&f ship, Tor which il wa to pay s. %
per thousand feet by the kenuebcc seal,
sound survey, and that II survey of said
log, should be made by Isaac Morse and
thai defendant should furnish plaintiff
Nth a survey bill, which should contain
a survey aud count of said logs made by
said Morse in accordance with kennebec
scale; that payment should be made.
one-thrd in cash May lSt.. ls92. one
third by three months note and Que.
third by Il six months note
The first witness for the plaintiff. Stan
ton bay, president OF the Moosehea,l
Pulp and Paper Co. testified to making
The contract rs alleged that he also en-
gagged the defendant to drive logs from
Briggs Landing 10 the plaintiffs mill at
Solon: that the logs We're delivered and
that Il scale bill Was presented: that
plaintiff discovered that the survey WAS
made by one Williams instead of lsaae
Morse and that Isaac Morse simply dis
counted the survey of Williams in order
To mike the logs sound and that the scale
bill rendered by Morse did not represent
n suryev by Morse according 10 con
tract; the . illness thinking the company
had not obtained SO much lumber as WIS
represented by HE scale bill caused a
lesuNeY of tile logs To be made by one
Newell Lander, and also the logs We're
again 81 Veyed by one Mclntre. when
the logs were taken into the mill
BY these surveys plaintiff discovered.
rs il i, alleged. thai The amount of um-
Der received was 3l2. 81 feet less than
WAS represented by the scale bill of
Morse. aud that il had consequently paid
S21S3.1s more than said defendant WAS
entiled 10 receive. NitneS, testified 10
having these facts before The payment
OF lie last n lie OF S2923 10. but that the
noe had been negotiated by defendant
and plaintiff was therefore Obliged to
pay the note. This action is brought to
recover the over payment of S25237S.
Mooschead Pulp Company v. Turner
Mr.. Lander, called by plaintiff.
testified that he had been surveyor of
lumber for the past Is years. had sur
Neyed each year and Thai he WAS cngag-
I'd by plaintiff to survey logs in plain
ills boom. He surveyed all the logs.
including those in controversy. in the
following MANNER: Logs were low
b'Ni Inn ilN'i u IliNh i3tbHl. urn
brought alongside OF raft, upon which
notehes had been made by which he
could determine length of log: then BY
putting this scale rule upon small end of
log he could determine its contents
Witness stated that the variation be-
tween scales of different surveyors of
intelligence and ability would be not
more than from ; to > per cent. On
crosse Examination witness admitted that
he could not figure up the contents OF II
log without he scale rule.
Omar clark, president of the kenue-
bee Log Driving Co., testified that hc
had had considerable experience in buy
ing aud selling logs, aud in observing
scaling of logs should think there ought
not To be more than one per cent varia-
ton in scales of two surveyors of equal
ability and intelligence. Should think
l16l logs Was not an extraordinarily
large number to be broken or cut, driy-
ing from Briggs landing to Scion.
leander Mclntire. surveyor, testified
that he surveyed in the pulp company
mill every log used in the mill and his
tulVey made the number of feet $4,000
less than Lenders. l.. +. Webb and
o. ID. Baker tor plaintiff. Walton aud
Walton for defendant,
Blanche l.. White has been granted a
divorce from james T. White; eause,
extreme cruelty, INVESTIGATION and non
support.