The Republican journal., 1897-04-29
Law Court Decisions.

Tileston Wadlin, Esq, Clerk of Courts has
received the Certificate of Opinion from the
Law Court in the following Waldo county
cases:
Richard D. Bennett vs.. Sarah E. Talbot :;
action to recover for building wharf on
property at Standpoint owned by the de-
fendant. Defense, the wharf was built for
+. 7. Sargent, son OF the defendant and a
lessee of the property and not for the de-
fendant. The case was tried at the October
term, 1895, with verdict for plaintiff for
S31 80. A motion for a Few trial addressed to
the presiding Justice was ii led and new trial
granted. At the January term, 1896, the
case was tried and the jury, by instruction
of the presiding justice, returned verdict
for the defendant, to which exceptions were
filed and allowed. Montgomery tor plain
tiff Fellows and Bowden for defendant.
Following is the
Rescript-Exceptions to the ruling of the
Court directing verdict for the defendant.
1t is now we'll established in this State, that
the Court may properly direct the jury to
return verdict for either party when it is
apparent that contrary verdict would not
be allowed to stand. There is no evidence
in this case that the defendant ever author
lied Francis I. Sargent, her son, to construct
tine wharf in question on her credit, and the
declarations of Sargent are only admissible
when the agency is shown by other COM
petent evidence, and he being competent
witness has testified that he was not en-
ployed by the defendant and was not acting
as her agent in any way, shape or manner.
We think the conclusion announced by the
Court at Nsi Prius the only correct one that
the evidence would justify.
State vs. John F. Thomas, indicted for
illegally having game i'll his possession. to
which the defendant demurred The re-
1.,i,
case:
A complaint-omitting formal parts-that
the defendant "did have i'll his possession II
dead ruff1ed grouse commonly called part
ridge, which said grouse We're then and
there intended by said John F. Thomas for
consumption outside the limits OF this State
and the said John f. Thomas on said 9th
day of November aforesaid unlawfully car
ried said grouse from said Morrill, to said
Belfast and there delivered the same to the
Boston & Bangor Steamship Co., to be by
said company transported to Boston"
adequately sets out but one offence under
chapter 28S, P. L. of 1898; that is. of having
in his possession, not alive, rutfied grouse,
commonly called cartridges, not intended
for consumption in this State.
This section also imposes the same penal
ty for several other distinct offences, as fol-
lows: Nor shall any person or corporation
carry or transport from place to place in
| open season any OF the above mentloned
birds, unless open to view, tagged and plain
ly labeled with the owner g name and ac-
companied by him nor shall any
person or corporation carry or transport at
any one time more than fifteen OF any one
variety of birds above named, as the prop
| erty of one man..
| This complaint does not set out either of
| these offences in adequate terms, not the
first because it does not allege that they were
not in "open view, tagged and plainly label
| ed with the owners name," not the second
| because it does not allege that they were
| transported as the property of one man."
Demurrer overruled. Case to stand for
| trial.