The Portland daily press., 1896-04-16
THE BACON CASE,
bridge Bacon VS. the Casco Steamboat
Co.

The case of DR.. Bacon against the
Casco Bay Steamboat Company was
opened to the jury in the Supreme Court
yesterday morning. In the trial of the
case Edward Woodman, ESQ.,, and Hon.
John 2. Swasey appear for the plaintiff,
and Clarence Hale, Esq, and Stephen
G. Perry, Esq, for the defendant.
The circumstances of the injury for
which the plaintiff seeks to recover
$40, 600 damages, briefly stated, are as
follows; On the afternoon of August
IA, 1894, DR.. Bacon, the plaintiff, visited
Cushing's Island upon professional bust
ness and remained until evening. He
returned to the wharf near s O'Clock,
when it Is claimed it had become dark.
to re-embark for the city. To escape the
cold air of the evening he entered the
rear, or baggage room, upon the wharf,
and remained there until he heard the
steamer was approaching. He then left
the room and started toward the end Of
the pier to go on board the boat. In
passing along he stepped off into drive.
Why1 ooo AhuC uAO 5ioC VI lOl
the use of teams in the loading and un.
loading of freight and baggage, and sus.
tanned a double fracture of both bones OF
the left leg.
1t is claimed on the part of the plain
tiff that the wharf was Improperly con.
structed. and SO imperfeotly lighted at
the time of the accident that the danger
was not apparent. 1t is claimed that the
injuries thus sustained by the plaintiff
are permanent and such as rendered il
necessary for him to retire from the
practice of his profession.
DR.. Bacon was the first witness called
His examination occupied large part
of the afternoon. DR.. William B. Morrill,,
who was present at the time of the in.
jury and assisted the plaintiff to his
home, and Miss Ellen U. Bacon, the
daughter OF the latter, were also ex.
amlned. DR.. Lewis w. Pendlston, the
surgeon who attended DR.. Bacon and re-
duced the fractures, being absent, by
agreement, his testimony taken at the
former trial was read to the jury.
49, oAS e11oC1A OC4ls oWluS W Uu0 I'LL
avoidabls absence of Addie A. Parker,
the nurse who attended DR.. Bacon fol
IA weeks after his injury, by agreemont,
the testimony Of this witness taken al
the former trial, and that of Percy l..
Richardson, a surveyor, who made Ger.
tain measurements and plans and a pho
tograph of the wharf, was also read te
the jury.
Charles W. T. Cooling, manager of the
defendant company, was called, and tes
titled that the company paid Francis
Gushing, the owner of the wharf al
Cushing's Island rental of $500 per veal
for exclusive running rights to the is
land, but were not to make or be respon
sible for any repairs upon the wharf He
further testified that the wharf was
in charge of man employed by the com.
pany to catch and cast off lines, look
after the baggage and keep the wharf
lighted and in general order.
The plaintiff stopped here, and Mr..
Perry opened for the defense. 1t is con.
tended on the part of the defendant that
oAO WholA was PAOPOAAy OOuoVl uooSOs dAN
was properly lighted and guarded, and
that such injuries as the plaintiff mag
have sustained were due to his own want
of ordinary care and prudence, and that
the defendant is not responsible.
The defense then introduced the testi
mony of Frederick j. Ilsley, as to plar
and measurements, and that of Capt
James B. Began, who was in charge Of
the wharf at the time of the injury al
to the condition of the lights and wharf
at that time
Grin S. Fogg testified that he was al
the Cushing cottage when DR.. Bacon ar
rived that afternoon, and that the doctor
seemed rather fatigued from his wall
from the steamer.
AtEthis point the court adjourned.
The jury will probably be sent to view
the premises on Thursday.