The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-05-23
To Have Cases Assigned for Trial
at Alfred.
SESSION WILL BE SHORT AND
MANY WILL GO OVER.
Some of the Important Cases That Will
Be Heard Before the York County Su-
preme Court-Doings at Yesterdays
Session.
(speoial to the PREssO

Alfred. May 22.-ThiS term of the supreme
court for the ancient county of York
promised to be long and marked by the trial
of many important cases, but it looks now
as if the sitting of the Law court at Au-
gusta. and later at Bangor would necessi-
tate the postponement of many cases. In
order that Judge Strout may attend the
meeting of the judges in Augusta. it willibe
necessary to adjourn from Saturday until
Monday. June 8. Then on June Is comes
the session at Bangor. SO that the term here
must be concluded at that time. AS soon a
the grand jury reports. the criminal cases
will be taken up and then the civil matters
will be considered in the order of their
assignment, as many being taken up as time
will allow.
Judge Strout is holding his first..term here
and is already becoming very popular with
the bar and the county officials in attend
ance on the court. As one gentleman put it
today. 1.-The Judge is dignified and efficient
when on the bench. and always is able and
courteous" There has been a great gather
ing of the legal fraternity here for the past
few days. arranging for the assignment of
their cases.
Among these civil matters which await
in which heavy damages are sought for in
juries sustained in one way or another; two
actions brought to recover on life insurance
policies, which the companies have declined
to pay; and then there is the matter of the
Kittery Point bridge. which. like the poor,
seems to be always in evidence. This is
toll bridge over Spruce creek. and at the re-
quest of Horace Mitchell and sixteen others
the county commissioner made il public
way some time ago. awarding damages of
S40J to the owners. They appealed to the
courts against this small award, and at the
January term commission was appoi nted
consisting of Judge Hobbs of North Ber-
wick, Judge H. H. Burbank of Saco, and
Harry v. Moore. ESQ.,. of Berwick. Today
these gentlemen filed their report recon-
mending that the amount to be paid the
bridge owners be fixed at 81, 1852. 1t is under
stood that objection will be made to the
acceptance of this report by the attorney
for tho town. The impression has prevailed
that the award of the commission would be
considerably less than $4,000. Of course when
the county commissioners originally made
the award of only $400. they did SO with the
understanding that these proceedings
would probably follow. 1t has teen the
quite general opinion that after the award
is definitely settled the town of Kittery
will assume much of the expense of making
the bridge free. 1t is not regarded here as
probable that the county commissioners, s.,
who May yet decline to make The bridge h
public way, would agree that the county
shall bear the whole cost. NJ. A. Stafford,
Abner Cakes and Samuel N. Came are the
counsel for the bridge owners, and John NJ.
Good win has appeared for the town, the
county attorney also taking part in the
hearings.
An important case which has been non-
suited because of the failure of the plaintiff
to appear, but which will, in all proba bility,
come up again at subsequent Term, is that
of Joseph Boothby OF Wells, administrator,
against the Boston and Maine railroad. The
road is sued for $4,000 damages for causing
the death of Ada L. Boothby, the wife of
| the plaintiff, through the alleged negligence
of it's servants. On Sunday in May, of
last year, MI. and Mrs. Boothby were div
ing across the railroad track at Warren g
CT ossing in Wells. Can the track. short
distance from the highway stood an engine
attached to log train. 1t is alleged that
while Mr.. and Mrs. Boohby were on the
track, there was sudden loud and fright
full noise," made by the engine. and that
the enginemen were negligent in not pre-
venting this disturbance at the moment
when it was likely to do great injury. AS u
matter of fact. Mr.. Boothby's horse did
take fright and ran away, throwing Mr.
| and Mrs. Boothby from the carriage. Mrs.
Boothby was SO severely injured that she
died in a few days. after great suffering
The case in wolves some novel questions OF
law, and il it comes to trial will be of great
interest.
Another suit for damages is that brought
by VI. L. Nelson against the Sanford Mills.
Nelson was employed in the mills and his
hand was so badly crushed in an elevator
that it was amputated soon after. Nelson
sues for $4,000. alleging that the elevator
was not properly constructed. AS this case
is one of the first on the assingment list
it will probably be heard at this term.
Joseph Pillsbury of Shapleigh. is another
| injured man who wants consolation. tie
| was badly hurt, by being thrown backward
| from his carriage when it struck rock two
| feet high in one of the Shapleigh roads
This was Oh May II, 1894, and Mr.. Fillsbury
| has brought suit against the town for $1,000
Lowe and Haley are his counsel, Hamilton
and Cleaves represen mt the town. This case
| being assigned for Friday, June 7, also
| stands chance of being reached this term
| The case of Emma A.Cobb OF Saco against
| the Kennebec Mutual life Insurance com.
papy of Waterville. is another of the first
| assignments. The plaintiff is the widow Of
DR.. Moses B. Cobb, who was insured in the
defendant company on the once famous
club plan. the policy being for $1,000. OF
which Mrs. Cobb was to receive $500. and
the other members of the club the balance
The policy WAS issued July 81, 1891, and DR.
Cobb died July "a. 1894 Of quick consump
ton. The company declined to pay the
policy and this suit resulted. Fairfield and
Moore are the plaintiffs attorneys AM
George f. Haley and J. o. Bradbury viii
appear for the company.
The other insurance case is thai of Emma
j. Meserye OF Windham, N. H., against tbs
York Mutual Aid Association of Biddeford
The plaintiffs husband was originally in
sured in the New Hampshire Mutual Benefi
Association of Wolfboro. the policy being
transferred to the York Association. Tn
holder died February IL, 1894, and the con
pauy has since declined to pay. Worce ster