The Portland daily press., 1898-10-15
SUPREME JUDICIAL COURT.
BEFORE JUDGE HASKELL.

BEFORE JUDGE HASKELL.
Friday-A second traverse jury was
empaneled this morning. as follows:
John II. Humphrey, foreman, Yar-
mouth.
Sewall B. Bailey, Westbrook.
I James 81. Davis, Deering.
William L. Delano, Portland.
Edward W. Graffam, Portland.
Roscoe G. Hall. Deering.
Thomas A. Ladrigan, Portland.
Ferdinand B Merrill, Yarmouth.
Charles p. Sawyer, Westbrook.
Herbert b. Seal, Deering.
Alonzo W. Smith, Portland.
S. B Tufts, Westbrook.
The arguments in the case of Julia d.
W. Mosher VS.. the City OF Deering, were
made this morning. and the case submit
ted to the jury by the court at about IL
O'Clock. AT 3.15 the jury returned a YER
dict for the plaintiff for $792. 92. Z
As soon as the jury in the Mosher case
had retired the next case was opened to
the second jury. This is an action
brought by Zachary Il. Graham VS.. Albion
Blackstone and George Smith, to recover
$4,000 damages for personal injuries
claimed to have been sustained in Novem-
Der, 1897, through the alleged negligence
of the defendants. Blackstone and Smith
are carpenters ana builders, and were,
at that time, doing business under the
The plaintiff testified that he is 40 years
of age and q resident of Hollis. He is
a mason by trade and has been employed
in that business for % years, and for the
last IA or 10 years had been at work for
the defendants continuously, during the
season for that kind Of work; that on
the 9th of November last. he was taken
by Mr.. Smith to the Harrington house on
Deering street, in this city for the purpose
of washing and cleaning the exterior of
the house with acid and water employed
for that purpose. He was at first left to
do some work in the yard; that two lad.
ders were soon brought to the house, one
30 feet long, which he recognized as be-
longing to the defendants, and one 20
feet long which he did not remember hav-
ing seen before. The ladders were placed
against the house and the work of clean
ing proceeded. On Tuesday he did not
work, but on Wednesday morning he was
at work upon the 20-foot ladder, standing
near the top and holding on to the
round with his left hand and applying
the wash to the wall with brush held
ladder to which he held, suddenly gave
way, when, to save himself, he grabbed
hold of the second round, which also gave
way and he went off the ladder back
wards to the ground below. He was as
sisted into the house,a carriage.was called
anu ne was Ghk6n TO his DOnrulnS mouse,
where DR.. Warren attended him, 1t was
found that the bones of both ankles were
broken. The following morning he was
removed to the Maine General hospital.
where he remained for four weeks, when
he was taken to his home in Hollis. 1T
was three weeks later before he was able
to go about by the aid of crutches, and a
long time afterwards before he was able
to discard the crutches entirely. Plain
tiff claims that he suffered great pain,
and that he has been unable TO perform
any labor since that time. He contends
that he was ut the time of the accident
in the exercise of due care, but that the
injury was due to the negligence of the
defendants in furnishing a ladder that
was rotten, insecure and unsafe.
The defendants claim that the short lad
der from which the plaintiff fell, was car
ried to the house by the teamster by mis-
take, and without their knowledge; that
plaintiffs attention was called to its con-
dition at the time by one of the tenders,
and that he said it would do. The de-
tense deny that there was any negligence
on their part or want of reasonable care,
and claim that the plaintiff himself was
negligent.
Evidence for defense in progress.
Benjamin Thompson for plaintiff.
N. & I'll. B. Cleayes for defendants.