The Portland daily press., 1899-04-13
THE COURTS.
CASE OF MARY A. MORSE VS.. A..
PALMER DUDLEY.

vs.. "A. Palmer Duuiey Oh NtW i"fS,
defendant. Benjamin Thompson ap-
peared for the plaintiff, and Judge Pea
body and VIM. IL. Looney for the defense
The complainant la substance. alleges
that in 1892 she purchased lot Of land
on Pleasant street, formerly numbered
IS. That the defendant later purchased
an adjoining lot Of land, over which her
grantors had always had right of way
in order to reach her property. That the
defendant well knowing this, caused the
right Of way to be DISTRACTED by a locked
gate, built stone wall, cutting of
access TO her lot, along the front of his
property and tore down the division
fence between their respective lots. after
wards erecting another fence, which
overlooked upon her property. Where
fore she prsys that the court order the
Illegal fences and gates to be removed /;
that the defendant be restrained by injunc-
ton from further obstructiug her right
of way and that she be- awarded suitable
damages for injuries sustained by defen-
dant's acts.
The defendants answer controverts the
plaintiffs allegations as TO the erection OF
illegal fences and gates and denies the
existence of plaintiffs alleged right Of
way over his property. lie contends
that a former right of way exists By mu-
tuul consent of the former owners OF the
lots and was terminated by mutual con-
sent and that a fee was afterward paid
for the right Of passage.
The CASE was concluded yesterday after
noon anu decision reserved.
THE CASE AGAINST THE p. 81 G. h.
Il. X.
The case of Watson VS.. =. & &. X. II.
R, which was tried in 1897 before Judge
Walton, will come up again before Judge
Wiswell next Tuesday.
In 1896, mir. Albert n. Watson was at
the opening of the New Englaud fair. A
good many people were at the park and
the electric cars were all crowded. As
to the city he caught on to the front OF
Clossd car which was already heavily
loaded In front of the power house at
knightville the Car went over an open
switch on to the paving stones and MIR.
Watson was thrown violently to the
ground striking on the back of his head
and sustaining injuries which be claims
have incspaciated him for work since.
At the time of the trial Judge Walton
applied the rule governing steam rail-
roads in this state, that man receiving
injuries while standing on the platform
of a moving car cannot recover as he Is
disqualified under the head of "contribu-
tary negligence !" the rules of the road
stating explicitly that passengers are not
allowed to stand on platforms.
The plaintiff attorneys and the law
court, however, hold that this ruling can
not apply to electric cars as passengers al
ways do and are expected TO stand upon
the platforms when the cars are over
crowded.
Clarence Hale and A. +. Belcher appear
for the defendants, and l.. NJ. Webb and
Hiram knowlton for the plaintiff.
The MUNICIPAL COURT.
In the municipal court Wednesday
morning, the assault complaint against
Harrison, the Outlet Clothing company
clerk, who is suing Manager Kamher for
alternating bis wife's affections, was con-
tinued until Saturday on request of Har-
rison's attorneys, Edwin Heckbert and
Levi Turner. Samuel W. Bates appeared
for Mr.. Kamber, who charges harrison
with splitting in HE face.
Thomas Griffin, charged with assault
ing Catherine Griffin, pleaded not guilty
and waived hearing. He was recognized
in the sum of $500 for his appearance at
the May criminal term OF the superior
court.
Martin j. Ryan, charged with lar
ceny of valise, wearing apparel and S37
from "A young stranger, Sunday after
noon, was remanded to Jail till April Is,
upon the request of County Attorney Lib
by, who said an important witness for
the state was absent through illness.
Vim. l.. Winship pleaded not guilty TO
charges OF intoxication and habitual
and was ordered to furnish
$500 bail for his appearance Thursday.
At IL O'Clock began the trial of Will
liam A. Pennell, arrested for the larceny
of coat from the office of Charles r.
Merrill, "a Commercial wharf. A coat
identified by Merrill as his stolen proper
ty was recovered by the police from
Bernstein's pawn shop on Commercial
street Bernstein identified Pennell as
the man who pawned the coat. Pennell
was adjudged guilty and sentenced to 60
days at the county Jail.
UNITED STATES COURT.
In the United States court yesterday al
tornoon Commissioner Bradley gave a
hearing to PAilander Powell Of Sanford,
who was arrested In that town on Tues
day by United States Deputy Marshal
Norton on the charge of selling liquor
without an United States license. Powell
pleaded not guilty and the United states
summoned two witnesses to testify in the
case. Powell was represented by John
IL. Fogg, Esq. Napoleon Bone and Fred
Charron, two sanford boys, both testified