The Portland daily press., 1898-01-27

". A. Wood & Co., vs. Finson g. Brown.
Resoript by Foster J. - Oftentimes
when the issue is whether q particular
contract was made between the parties,
and the evidence Is conflicting as to what
the contract was, 1t Is competent for e
defendants to show tbs value or character
Of the property which he was to receive
% compared with that in the contract
claimed BY the opposite party, as tenaa ans
to show the improbabiliEy Of the oonufaoe
as alleged by suoh pazty.
In this CASE, while thesfaGb OF Whepuer
there he'd been insurance eneotsd on pre-
vious sales or not, might not be conclusive
as to what was done Ia this paTfle IiSr
instance, is was admissible on ire
quegtioa Of probability or improbao1ilty
OF the contract bsing as claimed py 'he
plaintiff.
Testimony should not he excluded as
irrsvelant, which has tendency, now
ever remote, to essablsh the probability
or improbabati$y OF the faos in controver-
y.
Exceptions and motion oyerruied.
ANDRosCoGGIN COUNTY.
Catherine Hamilton AthsTton vs..
British Anderida Assurance Go.
surancs contsisaed provision that 1t
Fehould be vo.d If the subject OF insurance
be bnslding on ground owned by the
insured In fee simple.
But the statute provides that erroneous
descriptions of value or title by the IN
sured shall not prevent recov very upon
the policy unless the jury fnd that the
scrfbed and as ID really existed con-
tributed 10 the loss, or materially In
creased tf,e risk and that breach OF any OF
the terms Of the policy by the insured DO
NOT Affect the policy unless they
"r1steriaIly increase the risk"
IN suit upon the policy toe QUESTION
Of enhanced risk Is properly one 3of ssae
jury rather than the court
= Fraud end false swearing implies soEae-
Ching more tran mistake OF fncs, CT
honest ,nssseaJements on the pagh OF the
insured
r. consists In knowingly END insan5ia1-
eNr stating upcn cath wIlns 10 EcS fFIsss
Or Tue sfs.snIenb Of @ 1sS5 as sTas TElsn
| tke party does not know 80 he sgTs, ana
which ha has no reasonable gTcsal's fos
believing to DC true. Aotion o7err0lsss.
George ". Lane va, City Of lewiston
Resefipt By Bogter 1.-THE pb@sEs6lzs y
| horse became frightened at g read EEL
ohiDe or steam roller, which wss hasng
propelled by steam In repairing street
under tie direction OF ths street. ssazsaMnls-
stcslsF Of the city Of LewtaaDrs and the
pE1aN3tH GuSfn1DeM severe fnJGEy AN hetNE
Thrown ffoIpst1is Carriages I'm caErssaEsnEs
Of the Aiahb Of mis- horse.
A City Or town is bot1Ed by EEw to- EsEp
it's atrestS and highways cgss and eapzn-
Fsnfent for travellers, and TO sccTzn ESsaa
| this duty it has the right 10 Esse aursiaa asn-
gtruy~entaIities SIS may IA Fgoye- 1asd
necessary for that PURPOSE
There can be 10 liability GA the FaEf on
city OF town fer usfng sfa0 nRsssrEn nscss-
saYy and proper for carrying out aSs duag
FIJI making streets CT Highways safe zEes
convenient, whsn notice OF suGh Gse hsEg
been brought home to tho traveller hsSGH9
an injury has aceraal b. canseT2gzacso CT
such use.
Such distractions w&iEo shay 11zly
necessarily lsapade travel ever tke sSTeEtI
to a greater CT sess sztant, cannot GJvtssf-
into . defect within the meaning OF tia8
statute ana neither can Tire &gl5TinatGa
and propea. uge oil sach appliances a4or9
any around for q rscover2.
fhs notice OF use which Is Isl tAa GTstty
OF the city OF tewa 20 give 20 the rzrEs2sEsss
10 sufficient When the, traEalier' sasa zaEsa
apnrShenas the dsager in season Coz a;susa
l6.
Such lncw2ssaga Oh sac gagh eli 1se,
traveller is Easiee 70 5frseeif for nc OBS,
neeS3s notice Of xasAtsU ne, asreesay EIftDgas-
Judgment fas, defendant.