The Portland daily press., 1895-10-22

to the side of the waiting room, where 1t
was hung on a nail.
Mrs. Charles P. MoDuffy testified that
she was the housekeeper for Mr. Gushing
at Cushings Island and that on the
night in question she saw the DOCTOR
when he entered the cottage and noticed
how feeble he was
Mr.. Herbert Macomber, one OF the
deck hands of the Casco Bay Steamboa
Company testified to the position OF the
lights on the wharf This closed the
testimony for the day, and court ad-
iourned until 10 o'clock Monday MORN
ing.
Yesterday morning at the coming in
of court the counsel for defense put ID
the deposition of Miss Katharin Gushing,
and also the Farmers Almanac for 1894,
to show that on tine night of the accident
the 10Th of August the moon was at full.
This closed the case for the defense and
the plaintiff introduced his evidence in
rebuttal DR.. Pendleton and DR.. Bacon
and DR.. Morrill, were all recalled to con-
radict points in the evidence of Captain
Began and Miss Barron and Walter
Cushing as to what occurred on the wharf
at the time of the accident, and as to the
doctors condition. The Plaintiff then
| introduced the evidence of DIR. Dana W.
Fellows, who has occupied the same office
with DR. Bacon to show that the doctor
was in state of good health on the day
of the accident, and. on The same point
the testimony Of Annie Bayley Eveleth,
who met the doctor on Cushing's island
on the afternoon of the accident The
plaintiff then put on the stand Mr.
Willard F. Keith, who stopped at
cottage on Cushing's island during the
summer Of 1894, and he testified as to the
condition and character and location OF
the lights on the wharf and Mr.. Herbert
Payson testified in like manner. The
plaintiff then called the two prominent
and well known attorneys, Mr.. John F.
A. Merrill and Mr.. Harrison M. Davis,
who testified that they were at Cushing's
island at least four nights out of the
week, remaining there until possibly as
late as eleven O'Clock, and they stated the
| location and character of the lights on
the wharf. This closed the testimony and
| the counsel then proceeded with their
arguments. Mr.. Hale argued the case for
| the defendant and Mr. Bird for the
plaintiff. The judge finished his charge
to the jury at about five O'Clock, and at
the adjournment OF court were still out.
The following rescripts were sent down
in cases pending before the Law court:
CT, hn nvui ob
another.
The plaintiff recovered verdict against
the defendants for damages for the loss of
a horse that it was claimed was over
driven by the agents of the defendants on
trip up through Oxford county dis
tributing advertising material. The de-
PENDANTS claimed that they gave the horse
the best of care and that he died through
no fault of theirs.
Strout, 1.-THE verdict for the plaintiff
in this case is manifestly against the
evidence. The testimony not only fails to
show improper driving or want of suit
able care of the horse, but establishes the
contrary. The jury must have misunder
stood the evidence or the rules of law APP
plicable to it.
Motion sustained, verdict set aside,
new trial granted.
SAGADAHOC COUNTY.
George Moulton, Jr. VS.. Inhabitants of
Lisbon.
Rescript by Strout, J.-Defendants
admit liability. The only question is
whether or not the damages are excessive
The action was for labor and materials,
and the principal cautionary was upon
the number of hours of labor performed
by the plaintiff The jury saw and heard
the witnesses and all the evidence, and
arrived at a conclusion upon the facts
We perceive no reason for disturbing that
finding. Motion overruled.