The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-04-06
THE COURTS.


Webb:
Ira K. Achorn, waldoboro, has filed a
petition in In solvency.
Municipal Court-Before Judge Hill:
Morgan =. Foley; common drunkard.
Ninety days In the county jail.
Martin Copley; intoxication. Thirty
days In the county jail.
John Miller; intoxioation. Sixty days
In the county Jail
William S. Leighton; intoxicstion.
Thirty days in the county jail.
sixty days In the county jail.
james kennedy; intoxication. sixty
days In the county jail.
Richard j. Maggie; disturbing religious
meeting Fined IS and costs.
George w. Crowley intcxication. Ninety
days In the county Jail. Appealed.
Clark Mitchell; intoxication. fined %
and costs. Fine suspended on payment
Soren Jensen; intoxication. Fined 50
and costs
William Fay; search and seizure. Fined
500 and costs.
Superior Contributors Judge Bonney;
Decisions have been rendered by Judge
Bonney In the following ca SEES;
Patrick Feeney VS.. Washington Libby.
judR ment for plaintiff for 5000.
Sidney ). Perry VS. the Washington
Casually Insurance company. Judgment
for plaintiff for $95 %.
Harry q. Whitehouse VS.. the Maine
Central railroad (suit to recover for dam
age to tool ,hest. Judgment for plaintiff
for S19.00
Dolan vs.. Mensge (suit TO recover bal
anoe of coal Billy Judgment for defendant.
LAW COURT.
The following rescript has teen handed
down:
Kennebec, S.
Hadassah j. Bangs VS. waterville and
Fairfield Railway and Light Company.
Rescript.
wisweli, j. In defense to these two
suits TO recover the rent. for different pc.
RODS of time. reserved by u written lea e,
the defendant sat up In the nature OF
recoupment an alleged breach of this
covenant in the lease: said lessor hereby
covenants and agrees to furnish said les
see or Its assigns, from the canal next
above Iiconic bridge, and at a point in
said canal opposite the building above
desert bed and during the continuance of
this lease, and for any term for which the
same may be renewed. water for power
sufficient to run a waterwheel or wheels
having capacity of and producing at
least two hundred horse power"
Held: That the burden OF proving this
alleged breach was upon the defendant.
That although the defendant satisfactory
ly proved that the power actually trans
mitred by tho water wheels operated by
II fell short of the amount stipulated in
the plaintiffs covenant, that this proof
does not sustain the defendants PROPOSE
ton. rs this lack of power tran. mitted
might result from variety OF Causes
wholly within the control of the defend-
ant, and the court is satisfied from all the
evidence in the case that sufficient water
was furnished in the canal opposite tie
building leased to produce at least two
hundred horse power.
The plaintiffs right TO uss the water of
the kennebec river at this point for pow
er was created by Lease from the Ticor
ic Water Power and Manufacturing Com
pany, the preneo, ssor In title of the pres
emit owner of the dam, to the watsr right
at this dam, whereby there was leased ''at
the raoeway in Waterville Of the Redding
ton Grist Mill ESQ called) water equal to
one hundred horse power, also at tue
same place water equal to another one
hundred horse power If so much may be-
obtained at that place. but so much IA
shall equal two hundred horse power In
all, II there attainable. Held: That
there is no evidence in the case tending
to show that water to the full extent
named has not been obtainable at this
place.
Also held; that II according to the true
construction of this lease under WI ion 9
plaintiffs rights were acquired, the
amount of the water for power obi enable
depends upon and is United bv the Ca
pacity of the tailrase at the r ddineto,
erist mill to vent " ter from the VIII ell
pit, that the great preponderance OF the
evidence in the case is to he effect tnat
the capacity of the tailraee Is sui.
ficient to vent water enough to pro iucs
two Kindred horse p wer.
Jud 'ment for the plaintiff in each case,
for the rent used for together with in
terest.