The Portland daily press., 1898-10-18
SUPREME JUDICIAL COURT.
BEFORE JUDGE HAsK ELL.

Monday-The evidence for the plaintiff
in the case of Michael II. Myers, admin
istrator, Us. Richardson, Dana & Co. WAS
continued this morning. The plaintiff s
case was soon closed, however, and DIT.
Perry then opened for thu defendants,
outlining the evidence to be presented in
support of their contention.
The defense then introduced testimony
of various witnessse tending to show that
tho plaintiffs inestate was an expert
encei man in the line OF work upon
which he was engaged; that he had
worked around and upon the pile OF lum-
ber in question and had assisted in p1l1ng
it up originally and therefore must have
known It's condition; that the guy rope,
which 1T was claimed by the plain tiff had
been in contact with the pile of plank,
did not come in contact with 1t at all !,
but passed by at one side; that the marks
found upon the plank, which were alleged
to have been made by the chatting of the
guy rope, were marks made by the chains
used in hauling the plank from the ship
in unloading the cargo; that it was found
after the plank had fallen over that it
was the fourth tier from the guy rope
that had fallen, and that the three tiers
nearest to 1t remained intact, and that
therefore the guy rope could not have
b. n instrumental in causing the lum Der
to fall; that the skids used for the foun-
dation that is alleged to have been unsafe
and insecure. were placed in position the
summer before; that they were of south
ern pine, and were firm and durable and
properly laid; that Myers fellow work
men were also men of long experience in
that kind of work; that they were selected
for that reason, and that inexperienced
men were Fever employed FOL that busl,
ness. The defendants contended that
there was no negligence on their part or
want Of due care, and that II the pillng OF
the plank by Myers and his fellow work.
men was improperly done. it was fault
for which they, and not the defendants,
were responsible.
The case was submitted to the jury by
the court at O'Clock.
MILFORD 6. Chapman for plaintiff, and
N. 81 H. B. Cleaves and Stephen q. Perry
for defendants.
The Jury returned sealed verdict at
half past six.
The case of Giuseppe Shalia VS.. Stew
ard Wooster and Adam w. Wilson, was
next opened to tn second jury Inc
plaintiff in this case seeks to recover $4,000
for personal injuries which ne claims to
have sustained through the negligence OF
the Defendants
The defendants are contractors. and in
Deem Ter, 1897, were engaged in excayat-
jno rock and earth for the construction of
sewers at Fessenden park, in Deering
Shalia was in their employ, with other
Italians under the guidance of a boss or
padrone, named Antonio. On the day
previous to the injury the defendants had
been blasting with dynamite. Shalia was
not engaged in that part of the work and
had nothing to do with it, On the day Of
the injury Shalia was directed by the
boss, it is claimed, in tho presence of one
OF the defendants, to go to work with a
pick where the Blasting had been DONE
He went to work as directed. when his
pick struck upon some dynamite which
had not been withdrawn from blasting
| hole CT had failed to explode. An explo
sion followed. Shalia was picked up in
sensible and taken to the Eyo and Ear in
Urinary, where be was treated by Dr..
Holt and DR.. Clough. DR.. Clough was
called and testified that when Shalia oame
to the infrmary bis, Shalia's, face was