The Portland daily press., 1896-01-21

W estorook Lay In the Supreme Court
Wanted Damages of $1,000.
1t was Westbrook day in the Sunreme
court yesterday. A large number of wit
nesses and spectators from that city were
present.
There was curious case on trial before
Judge Strout. Christian Peterson of
WestbIook, brought suit against Byron
Pride for $1,000. damages for the follow
ing peculiar reason.
William Lyons Esq. of W estbrook, who
with A. f. Moulton, ESQ.,, was counsel for
the plaintiff, opened the proceedings by
reading the complaint to the jury. Tt
stated that in June, 1894, the defendant
built coal shed, near the Portland &
Rochester railroad close to the house
of the plaintiff on Day street, at a point
between Cumberland Mills and Sacca-
Kappa, that he built it, uDjustly contriv-
ing and intending to injure the plaintiff
in his property From the time 1t was
built in 1894, when the wind has blown
in the right direction, clouds of coal dust
have come from the shed upon the house
and land of the plaintiff. 1t was so OBJ
noxious that a tenant in the upper half
OF the house moved out and for year, at
least, no tenant could be secured for that
rent because of the coal dust.
Judge Frank W. Robinson appeared as
counsel for the defendant,
The prosecution had list of ten wit
nesses sworn. The paintiff, Christian
Peterson. was the first witness He testi
fed that it is only 40 feet from the corner
OF his house to the coal shed, in which
there is door ON the side next his house.
There Is spur track that runs oars into
the shed. 1t is on an elevated platform
about 20 feet from the floor of the she'd
When they take the sides from the cars
ana let the coal fall, clouds of dust come
Into witnesses house and make the cloth
Ing dirty. The dust gets out of the shed
through the door, which they leave open
most of the time. 1t also comes through
the cracks in the shed. 1t is worse when
they are filling the shed. Then
IN Mr.. Peterson's houss, they
have to close all the windows, in the
summer, but the dust gets in, whenever
they open the door and can be seen on the
furniture.
Before the shed was built, witness told
Mr. Pride that it would hurt his property
and prevent the hanging out of clothes to
dry. Pride said that 1t wouldn't do
much damage and built the she'd Later,
witness wanted to sell his property to
Pride but the latter wouldn't buy it,
Witness showed Pride the dust in his
house and the latter said it came from
the locomotive, but previous to the build
ing of the shed there was no such DUST
Most OF the summer winds are just right
to blow the dust toward his house, which
is. painted white, but has been sblackened
by the dust. More than half the time
throughout the year, coal dust from the
shed is bothersome
Cross-examined by Judge Robinson. He
paid $500 for the house and land, but it
had cost him now over $1,000. When he
offered to sell to Mr.. Pride, he set no
price He didn't know how many trains
passed the house.
He kept always from 100 10000 hens.
No tenant had ever complained about
living in a hen yard Further cross-ex-
animation was intended to show that
other reasons beside the coal dust drove
away the tenants
During the day only three witnesses of
the plaintiffs side were examined. The
case will continue today.