The Republican journal. [volume] (Belfast, Me.) 1829-current, 1897-01-07
Important Law Court Decisions.

| The certificates of opinion have been re-
ceived by the Clerk of Courts in two Waldo
| County cases that attracted considerable at
| tention at the time of the trials, as follows
| William A. Stairs vs.. Inhabitants of Sears
port. Action to recover $4,000 for injuries
alleged to have been received by reason of
defective highway, in August, 1895. The
| plaintiff alleged that by reason of hole in
the road his wagon was broken, his horse
ran away and he was thrown out and badly
| injured. The town contended on the usual
points Of lack of legal notice, the care exer-
cised by the plaintiff, etc. The Jury viewed
the premises. Verdict for plaintiff $603.
! Motion for new trial filed. The Law Court
/ orders, "moton overruled." Following is
| the
| Rescript by Foster. j. (No opinion) The
! defendants urge upon the court several rea-
| sons why the verdict in this case should be
/ set aside and new trial granted. They
| claim that the evidence does not show
! that the defect alleged Was the cause of the
| plaintiffs s injuries that the unsafe condition
| of his carriage contributed to produce his
! injuries that there is no evidence Of due
| care; that he assumed the risk; and finally
/ that there is no evidence from which the
| Jury was authorized to infer that one of
| the municipal officers was notified of the ma
| ture and condition of the defect that caused
| the injury. All these questions We're for the
| jury to determine, and upon each there was
| more or less evidence, and upon careful eX-
animation are not able to say that the YER
| diet was so manlfestly against the weight of
| evidence as to justify the court in setting it
aside. Whatever conclusion the court might
| have arrived at had the matter been submits
| ed to it instead of the jury, it is evident tina t
frnr fha tal nj wifi
| and in addition to that view by the jury,
| there was sufficient evidence upon the several
| propositions which it was incumbent upon
| plaintiff to maintain, to authorize verdict
| for the plaintiff Nor do We think the ver-
| dict is so large that the court should inter-
| fere in reducing 1t.
| Fellows for plaintiff. Dunton for defend
/ ant.
| Inhabitants of Jackson vs.. Walter II. Hill
man. Plaintiffs claimed that two dogs own
ed by defendant killed sheep for which the
| town paid the owners SOC, and brought suit
| to recover from the owners of the dogs. The
| dogs were shot in a pasture where sheep
| had been killed. The defendant claimed
| that his dogs were fox hounds, did not chase
| sheep, and that on the nights when the sheep
| were killed they We're chained at home. Yer
| dict for plaintiff for S3S Motion for new
| trial led on the ground of newly discovered
! evidence. The Law Court overrules the
| motion.
| Rescript-(No opinion). From a careful
examination of the evidence given at the
trial and also that which is claimed to be
| newly discovered we are satisfied that the
| verdict in this case ought not to be disturb
| ed. The jury saw the witnesses at the trial
aud had an opportunity to judge of their
! eredibility. The witnesses who testified that
| the dogs We're chained on the ght when tn
| damage was done We're Interested, and the
| jury may properly have come to the conclu-
! sion that they were mistaken in reference to
| the particular night Every circumstance.
asid from the fact that the dogs We're chain
| ed on the night in question, is oorrohorative
| of the plaintiffs contention. 1t is strong
crcumstantial evidence. and the jury has a
| right to take it into account as against the ev-
| idence from the defendant and her two
! daughters in reference to the dogs being
/ ona!neu ana. tin barn or ''he night iii ques-
ton. The newly discovered evidence is not
Of sufficient weight To warrant the court in
/ setting aside the verdlct which was very
/ small, being only ahout one-haf what the
| plaintiffs claimed 80 have been proved.
Motion ovtr-ruled
Duntun for plaintiff. Thompson and
Wardwell for defendant