Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1900-10-16

W. d. Moultoa, Waterford.
Y. T.. Orivav, Gilead.
h. Franklin RtchArds. PArts.
Jesse Ribbon, Sweden.
Walter y. Hdlou, Porter.
SUPPLEMENTARY.
IN. Staples. Oxford.
John l.. Howard Of Mexico was ex
cused from service on the grand Jury 10
this term, and James w. Bicknell o
Canton and W. ID. Moulton Of Waterford
were excused from traverse jury servic'
for cause. James H. Mckeeman o
Rumford was excused for the nrst week
Two or three other jurors had reQuest'
IN be excused. for business reasons, on
Judge Poxers felt compelled 70 refus
them, saying tbtt individual citizen
have TO submit to some Inconvenience
and possibly loss 10 doing jury duty, To-
the general good.
Judge Powers charge 70 the Crane
Jury was clear, direct and complete. HI
spent no time In generalizations, bu
took up their duty, point By point, and
10 plain language told them what they
should do. and why. A clearer or more
concise charge WAS never given 10 thii
court room.
A trial list Of seventeen cases vas
made up on the call OF the docket, the
frst case, assigned last term for the frsl
day Of this term, being set down fo'
Wednesday morning.
MELcHER VS.. INSURANCE CO.
The first case MAS r. L. Melcber va
Insurance Co. Of Pennsylvania. In 1897
Simon p Baker Of Andover insured hi!
buildings with the defendant company
for $500, and on Aug. ,, 1899, the build
inss were entirely destroyed by hre
Some time previous TO this, In order e
discharge q previous mortgage and ad-
lust other matters, the real estate had
been decided by Baker to his wife, and
she hsd mortgaged Il TO Aelcher, the
plaintiff 10 this case. The parties had
failed to have the insurance policy trans
ferred, and Il thus became void under
the Law Of the state. Melcher ~ mort
sagee claimed the Insurance.. bat the
company WAS not legally under ooiies'
tions to pay any loss, except that OF
Mr.. Bakers personal property. Ne9o'
tiations followed between Mr.. Aelcher
VIM. j. Wheeler Of South Paris, the
company's agent who issued the policy
and the comp,ny, and the company
finally agreed 10 compromise the matter
by paying 900 loss on the buildings
which was what they considered tht
buildings worth. This Offer Was 6nally
accepted by the parties, but the com
psny later withdrew the offer, and Mr..
Melcher Was 90 notified. This suit wal
brought to recover the 800 which thu
company agreed TO pay.
After the plaintiffs evidence Was To-
which WAS brief, counsel for defence
moved . non-suit, on the ground that
Mr.. Melcher was not the only party In
interest, and that IN action TO be main
tAined should have been brought 10 tn
name OF Mr.. Baker, or In the names Of
Mr.. Baker and Mr.. Aelcher. judge
Powers said that the position OF the de
fence Was partly right and partly wrong
but denied The motion.
As IL then appeared thst there Was nc
dispute as TO the facts OF the case, bu
that only questions OF Law were involved
the case was taken from the jury, to b
reported To the law court.
Bisbee & Parker for plaintiff; God
dard Of Portland for defence.
BARNES VS.. RUNFoRD.
VI. Abbie Barnes vs.. Inhabitants o
Rumford. This sction, the trial o
which was begun Thursday morning
WAS brought to recover for persona
damages sustained In 40 accident on tn
highway 10 the town Of Rumford, Nov
lat, 1899 Mrs. Barnes, who u tn
wife Of DIR. W. w. Barnes, and Hives II
Andover, had been 70 Boston. and Of
her return she and some other passen
gers were met at the Bryant's Pont
station by A. w. Thomas Of Andove
with pair Of horses and three-seatet
carriage. The people arrived on tn
afternoon train, and, the weather beini
cloudy and somewhat rainy, BY the tim
| they reached Rumford Point it was quilt
dark. In driving on the road betweeI
Rumford Point and the Ellis Rive
bridge, opposite the house Of Mr.. Bar
ker, one Of the wheels dropped into
hole which was near the wheel track
All bat one Of the occupants OF the car
risse were thrown out, but only Mrs
| Barnes WAS hurt. She Was unconsciou
when found, but shortly regained con
scIousness. Her left arm was broken
the wrist, her right arm Was broken
the wrist and near the shoulder. and tn
shoulder was dislocated. Az the resul
OF her injuries, she had TO give up he
husiness ss a milliuer, and after spend
| ins several months 10 bed, has only n
covered partial use Of her hands,
greatly reduced 10 nesh. and 10 pre-
oounced by the physicians to be sufieI
Ins from curvature Of the spine. an
permanently crippled. The amour
named In the writ b $4,000.
The hole which IL asserted 0
the plaintiff to be defect In the higi
vnv vss shown to extend alongside Ii
rocd for several fest. At the end OF
calvert. \ few feet from the place whel
the wheel went over, the edge OF u
hank Il three fest from the wrought pal
Of the road, and there b drop OF thru
feet. AT the point where the who
veut over, about ave feet from the ca
vert. the bank was eighteen Inches fro
the edge Of the road, and there vi
0TNQ Oh tWcusy-Vn~ soS'
Nrs. Barnes was found Vas constderao
, over three feet below the level OF y
road. The place was not Eusrded
, any rail, LOG or other guard, and mad o.
: been for some years.
ii The defence does not attempt 70 deu
. the seriousness Of Mrs. Barnes irjurie
/ not even cross-examining her when .
rant on the stand - witness. IN
D | 40, however, deny that the condition
Z | the road vas such ~ 70 constitute . 9
fect, and they also cay that no so'
o11cef bad had the tweoty-fo
hours' sssctual notice" required BY {
h | statute. The plaintiff did not ale
|, 40 aov town oflIcial hsd been notid
: that the road 1t this point was dang
ous. bat. to establlsh the fact OF noti
4 deoepded upon evidence that TIE ON
Of the town. In charge OF the roa.
Al frequently passed over the road at 9
uolnt. This, the defence asserts. 81
ia defect ext ,ted, Il not the kind
notice required BY the statste. De!e,
lfnrther contends that negligent drtv1
aud unsafe construction Of the carrt'
contributed toward the accident.
Plans and photographs Of tss scese
lnccident and the carriage we're INT
dncea In plenty By both parties. J
dencriptions and neasuft 0ents ~
r. tuo pSrtiss difIhcsd slightIy. .
Tkh case oocapted - H. =