Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-16
LAW COURT DECISIONS.
Two Cases in Kennebec and Penobscot
Counties Settled.

Two rescripts from the law court were
received in the clerk of courts office at
Portland Tuesday. The first is de-
cision which sustains the defendants mo-
ton and grants new trial OF the Ken
nebec county case of Thomas Dinsmore
against Joseph Abbott and another.
Judge Wiswells rescript is as follows:
The plaintiff left in defendants store
house, with their consent, a quantity OIL
beans. There was no agreement or com
pensation. and so far the case shows,
neither of the parties expected that any
compensation for the storage would be
required. The defendants were not ware
house men. the storehouse being used by
them for their own purposes IN connec-
ton with their business as retail traders.
The plaintiff alleges that the defendants
refused to deliver to him the property
stored, upon demand. Held, that the bur
den was upon the plaintiff to prove such
"a refusal. that if this had been done he
would have made out prima facie case
and 1t would have been incumbent upon
the defendants to explain the cause OF
their refusal, as by showing the loss OF
the property by theft or burglary. or its
destruction by fire or otherwise; that
then it would have been incumbent upon
the plaintiff to show that the loss or de-
struction occurring by reason of the de-
PENDANTS failure to exercise such de-
gree of care of his property as the law
requires of a gratuitouS baiee. Also held.
that the plaintiff had failed to sustain
the burden resting upon him and that the
verdict in his favor was not authorized
Motion sustained; new trial granted
The other decision is in the Penobscot
county case of William Klein against
Crosby Q. Rowe an action to recover
damages for alleged false representations
made by the defendant as to the charac-
ter of the farm sold by him to the plain
tiff. the rescript being as follows: The
plaintiff recovered a verdict for 500, ana
the defendant moves to set the verdict
aside because against evidence and be-
cause the damages are excessive. Ine
court is of the opinion that the evidence
clearly authorizes verdict for the plain
tiff. and that the amount of the verdict
is not so 1nanifestly excessive as to war
rant it's disturbance. The defendant has
recovered two verdictS against TINS PLAIN
tiff upon certain notes given IN the same
transaction. The cases came to the law
court upon exceptions which have been
overruled and Judgment in each case will
be ordered upon the verdict. the an
nouncement of the decision being made
simultaneously with this announcement.
Counsel for the defendant in this case
has moved that the Judgment in favor OF
this defendant, when recovered. bOth
amounting TO Il less sum than the amount
against this judgment. pro t2nt0. rms
should be done. but not so as to Affect the
attorneys lien upon the taxable costs IN
each case. AS the cases are .pend1nS IN
different counties. this set-off OF Judg-
ments is ordered by the law court. The
entry will therefore be: Motion over
ruled. Judgment upon the verdict. me
two judgments recovered by this DEFEND
ant against this plaintiff in Somerset
county to be set off pro tanto against the
judgment in this case. except as TO the
taxable costs in the Somerset cases upon
which the plaintiffs attorney, in those
cases. has lien Execution to issue TOT
the balance