The Somerset reporter., 1896-01-02

mOnN, IN default OF payment OF fine and
costs, went to jail for so days
1aes1ag, Dcc 3I-George h. Fair
gricves Iaid fine of 500 and cost. fer
being d conn on seller Of intoxicating
liquor.
Horace +. Field ys Peter II. Lang.
There are four actions for trespass gaaHe
ei0eSa1a, and are tried together, One Of
the suits WAS tried before 1t the Drcem-
Der term in 1888, am "A yeraet was
rendered for the defendant. but the law
court set the verdict aside and the cas-,
with three others of a similar nature.
came up for trial. The plaintiff alleges
that the defendant entered the premises
in question, situated IN Palmyra, being
the homestead place OF lie late Cyrus
Field. and committed several distinct
acts of trespass, such rs cutting the hay.
taking and carr wing AWAY rhebafb nail
ing up sign forhi ding persons TO enter
aud ordering of The agenl Of the plaintiff
The defendant denies taking the Ihubarh
and the hay, and denies mailing up the
sign forhidding trespassiug lie admits
being on the premises one day ard hay
ing high words with L. A. Rus Of Dex-
ter, " ho assumed 10 be acting for Horace
T.. Field. The defendant presents the
testimony of numerous witnesses tend
ing 10 prove thar one Walter ToNlc cut
the hay, that one Samuel :. Fauham, at
he time of The alleged tfespasses, &c
eupied the premises under Il lease from
Horace +. Field, that The erepS belonged
To Farnham, that the defendant at "A
special request of the phiutfl had
purchased the widows dover in
the Field farm, taking deed in his own
- L.. L.. a
the plaintiff had levied on the dover III
terest on an exc eution III his favor against
the widow. The defendant claims that
plaintiff by his acts is esteppcd in law
from maintaining these suits against
hun,
There ere tour Of these eases and on
" odnesday the jury returned Il verdict
Tor the plaintiff in each case with uomi
nal damages. The defendant has filed
motion tor new trial in each case.
Henry Hudson, Ed, Ter plaintiff,
Franz W. lIovey, Esq, Tor defendant.
H'elHcsddy, Ian. I-William Howard
of Arson, and Russell Gilman. each paid
$50 and costs for single sale Of intoXi-
eating liquors.
II. Augusta Hilton V Inhabitants of
Anson, action for damage Tor personal
Injuries, alleged To have been received
While riding on Il public highway IN An
son. Plaintiff testiti d that she was rid
ing from her home in West New Port
land. June 20, 1891, with her two child
ren and another lady; that While turn
! ing sround the Glmau corner TO go
NOT, h rly TO her fathers home the wheel
of the carriage struch a large rock which
WAS elevated considerably above the
Travelled portion of the highway; that
shc and The others with her were thrown
uuj lhat size struck upon the. Travelled
porl on Of the WAY, severely ibiuling htr.
| breaking her collar bone, blui>lHg her
III many places, seVerly shockmg h.
nervous system; thnt she had suffered
much pin and still suilet, pain through
her che,t and right shoulder; that SIZE
paid considerable money for help. cafe
and medical attendance DR.. lluune-
we'll of Madison, WAS called To attend
he plainifl and tes)ili d to the extent Of
her injuries, giving A. his opinion that
! the injury 10 plaintiffs person WIS likely
II cause her more or less pain n long as
size lived. The attendants claim that
| he plaintiff vas driving har team M Il
quite rapid rpte when She turned the
corner. and because Of her negligent
driving, size was thrown out and injured.
but that the alleged defect MIS- hot the
cause of The accident AID il il contrihH-
ted to same shc could not recover b.
cause oil ContrihutorY negligence in her
manner OF driving. Mr.. Green, the iil
person who arrived at the place after he
accident, teet fled that he found the
| plainlifl' sitting on the bank on the east
side Of the highway, Il feet norlherly OF
the alleged detect in the WAY, and that
he discovered no indications of tie
plaintiffs striking in the highway or tie
carriage being overturned, but that the
wheel tracks indicated that the horse
was pulled sharply to the west at the
point where the plaintiff was found.
Nathan Fletcher, who resides nearest
The place of the accident. also testified
regarding the appearance of the wheel
tracks and the finding of The plaintiff
substantially rs stated by Green. Both
witnesses admitted that the left wheel
If the plaintiffs carriage must have
passed Over lhe casferly side al tn
fracl in question. They stale tllat II
shower Wis threatening aud Nr-.
/ Hilton was dli>le4 iapi6lN a 90 10 her
I fathers before the shower siIuch, and
hat pLinlll' told them lhaT her husband
directed her to drive along hclef" he
shower struck and that she was driving
ia-l r ihau shc ought. The defendants
deny chat CHARLES Gilmau Was legally
qualt ii as a highway surveyor. hr
meyer having been sworn as such, a.
! though highway surveyors ho6h bad
/ been issued 10 Inn, and obey tmthcr
deny III sullicie icy OF the notice to the
municipal officers # the existence of HE