Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-06-06
Law Court Decisions.

The following rescripts have been
handed down from the law court:
Androscoggin SIS. Margaret Sullivan
vs.. City of Lewiston. Rescript
The notice and request TO overse"rs
required by the statute to authorize an
inha bitant of a town or city to recoN
er, expenses necessarily expended for
the relief Of pauper in such town or
city, may. in the city of Lewiston be
given to the clerk or agent of the over
seer: the ordinance of the city provid-
ing that its overseers may appoint "a
clerk or agent to act for them under
their direction and approval.
Exceptions and motion overruled, if
plaintiff within 80 days remit all of
the verdict in excess Of s162.12 with in
terest from date TO writ: otherwise en-
try to be motion sustained"
Knox SIS. Stat vs.. John Boardman,
Aplt. Rescript. Wiswell, j.
An ordinance, or town bylaw, which
sets a part and designates a certain
portion of the street or highway over
and upon which may be Trans pOrted on
wheels limestone and other Materials.
where the load, exclusive of the cart
or vehicle, exceeds 300 pounds N
weight. and prohibiting under pei Al
ty all persons rom using any other
portion If the stree. for such purposes.
is not required to be approved by the
county comm ssioners of justice IF
this count in order to become valid.
Such bylaw is not inconsistent
with any law of the state. Ii does nj
deprive a person of any right. il sir'r'r
regulates the exercise Of Il. and ar yrds
all travellers much hetter oppo. ,nn
ties for travel thal hey wOulG fl-.-
wise enjoy.
Whether such a bylaw is rea -Ona D4c
ard valid with reference to the way
and locality III this case, held: That
the portion nf the street which may b.
used by heIvily loaded vehicles must
he reasonah ls @uitable for the purpose:
and the by-lJA will be valid or inval-
i'd depending upon whether that por
ton. of the way TO which such vehicles
are restricted is or is not reasonably
suitable for he pur ose.-
Where the defendant charged with
violating such a bylaw offered yvl-
dence to prove hat the portion of the
street, to which his heavily loaded
team was restricted, Va~ absolutely
impossible held. that l!I- evidence
should have been admitted, because, if
true, the by law became unreasona BILE.
The question of the reaeunablenes>
Of bylaw is for the determination of
the court Certain facts are to be
passed uron by the jury, but the stand
ard upon the question of the reason
ableness or otherwise Of the bylaws is
established by the court.
Exceptions sustained
Aroostook. SIS. The Rnwker Fertilz-
or Co. vs.. VIM. G. Slaulding ct al. Re
script.
Trustees who receive a trust primar-
lily for their own benefit and second
arly for other creditors. are held to
absolute good faith and strict fidelity
in the execution of the rust.
Defendants took the title 70 land
subject to mortgage, which they as
sumed and agreed to pay, and to GER
tain chattels to secure themselves and
then hold the balance for the other
creditors.
They did not pay the mortgage but
permitted a friend to get an ass gn
ment of it and then foreclose il md
gain absolute title to he land. That
must be held a sale of The equity for
gether with cash from sale of chattels,
leaving a balance in their hands sub
ject to attachment as the trust was
voluntary and no other creditors had
assented thereto. The action is sire
facias and plaintiff should have jud,
ment for S236.9O.
Aroostook county.-John A. Gillin VS..
the Patten & Sherman Railroad Co.
The act of 1889, chapter PIG, requiring
each railroad company TO fill or block
the frogs and guard rails on its track
before January T. 1890. does not require
a railroad company organized and con-
structing it's railroad after that date to
MI or block its frogs and guard rails
before allowing trains to be operated
oyer its tracks. Such company j. en-
titled to reasonable time for comph-
ance with that statute. ,. brake
man who has worked as section man
and brakeman for two years on rail-
road where the frogs and guard rails
were not filled or blocked must be pre-
sumed TO appreciate the danger of get
ting his foot caught in such frogs and
guard rails while stepping d bout over
them. 8. Such bra KEENAN, having oc-
casion to work as brakeman on the
trains - his employer while passing
over another railroad just constructed
tsince January 1, 1900 cannot assume
that the frogs and guard rails of the
new, railroad are filled or blocked, and
hence dismiss all thought of them from
his mind, A. If such brakeman. under
such circumstanc continue to Wort
without requiring the frog or gualil
rahseto be filled or blocked, he must
be held to have waived the rirht and
to assumed the risk OF injury from
stepping into them. :. For -u,l A
brakeman, undo such circumstances
to move about over frogs and switches
while coupling and uncoupling cars.
even in moving trains. without takine.
any though of the frogs and guard
rams or as ~ where he may he stepping
Is negligence on his part, contributing
to the catching his foot in them. Mo-
uon sustained. Nerdinl set aside.
MIS-. Amelia d. Fowler was taken
with dizziness while descending = stair