The Portland daily press., 1898-10-17
FOR $4,000 DAMAGES.
suft ON Trial Against the Firm of Richard
SOD, Dana Co.

: In the Supreme Judicial court Satur-
day. before Judge Haskell, the evidence
in the case of Grahamavs. Blackstone q
Smith was concluded and the case was
submitted to the jury by the court at half
past twelve.
The next case was Immediately opened
to the first jury. This also is an action
to recover damages for personal injuries
in the sum OF $40, 900. which injuries, it
is claimed, resulted in the death of the
plaintiffs intestate. The suit is brought
by Michael "a. Myers. administrator OF
his brother, Thomas Il. Myers, against
Charles w. Richardson, John W. Dana
and Cassius nj. Richardson doing bust.
ness under the firm name Of Richardson,
Dana s. Co. The defendants are dealers
in heavy pine lumber, in this city, and
maintain an extensive lumber yard on
Browns wharf.
The plaintiffs case, as disclosed by the
evidence. is substantially this. Thomas
e. Myers, the plaintiffs interstate, in
November, 1897, was employed in the de-
fendant's lumber yard. He was long
cident to that business. At the time of
the accident he had been at work IN the
yard but short time. In the centre OF
the yard there is large derrick, oper-
ated by motor power and used in the
handling Of heavy sticks of timber. with
guy ropes or wires attached to the top
and extending out in different direo
ran against one end of the pile Of plan (
where the accident happened. 1t Is
claimed by the plaintiff that the planks
were piled upon an insecure and unsafe
foundation, and that the chatting or action
of the wire while the derrick was in
operation rendered the pile Of plank still
more unsafe and insecure. Saturday,
| November 9th. was rainy day, and the
men employed in the yard knocked Oh
| work at eight or nine O'Clock in the
morning. and did not resume until about
| three in the afternoon, when the rain
had ceased. Cassius D. Richardson, one
of the defendants, it is claimed, was
around the derrick that afternoon, from
three till five clock, occupied in direct.
ing it's management, and 1t is alleged that
he was in position to have known the
effect of the chatting ana movement OF the
guy wire upon the pile of plank which
subsequently, fell. Myers had been al
work in another part of the yard. Be-
| tween and o'clock, near dark. he went
to the office to get his pay, before going
home. Cassius D. Richardson then called
him and directed him, with other work.
men, to go to this pile of plank and assist
in londing team from it. While the mer
were engaged in loading the team, the
pile of plank fell over, and Myers wal
crushed beneath it. He was extricated al
quickly as possible and taken to the
Maine General hospital, where he fingered
until January 18th following, when he
died. The plaintiff claims that the de
PENDANTS were guilty of negligence in per
| hitting the plank to be piled upon an in
secure foundation and in allowing the
guy rope to run against the pile thus
rendering it still more insecure and un.
safe.
The defense is general denial of the
charge of negligence and want of proper
care. Evidence for the plaintiff is in
progress. MILFORD G. Chapman appears
for the plaintiff and N. 8 II. B. Cleavef
for the defendants.
At D. m. the jury in the Graham case
returned verdict for the defendant.
Judge Putnam of the United States
Circuit court occupied the bench with
Judge Haskell during portion of the
forenoon.
Court adjourned to Monday at 10 a. m.