The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1901-04-04
Somerset s. j. Court.
March Term 1901.
WIN p. WHITEHouss. j., Presiding.
w. T. SEEKISs, CLERK
Gro " Howrp (ouutv Attornav

w. T. SEEKISs, Clerk.
GEO W. COVER, County Attorney.
CHAs. w. SMALL, Stenographer.
F. p PENNELL, Sheriff.
HIRAM p. THING, Messenger.
DEPUTIES n. 8. Williams, Bartland: F. L.
Harding, Madison; c. B. Haskell, Pittsfeld; F.
C. r. Ham, bingham; Sidney T. baker, Solon
F F. Caswell, K. New Portland; {. w. Farrand
Norridgewock.
The action Of Cyrus F3Ralkor vs. Ben.
jamin M. Berry, on trial ss we went to
press, last week, was given to the jury,
Thursday afternoon of last week, and
after about an hours deliberation yer
dict was returned for the defendant.
In accordance with the verdict in this
suit Judgment was entered for plaintiff
in the suit of Cyrus p Moore vs. Cyrus
f. Walker and Benjamin NJ. Berry
against Walker alone.
The case OF Thomas c. Pushard ys
A. Russell Remick and lumber was then
placed on trial. This was an action
brought to enforce plaintiff lien on
lumber, for his services in hauling and
cooking for the laborers in the winter
of $500, for which he claims the sum
of $64.1 The defendant, Remick, not
being in the country, The Milliken,
Tomlinson Company of Portland, the
present owners of the logs, were called
in to defend. The services are not dis
puted, but the company claim that the
attachment required by statnte was not
recorded in the clerks Office within the
prescribed time, 30 as to render the lien
process valid, and that an attachment
against Remick could not hold the com
pany. 1t appearing that issues involved
were principally legal ones, the case
was withdrawn from the jury, and will
be decided by the court or reported to
to the full bench for determination
upon points of law. Augustine Sim
mons for the plaintiff; E N. Merrill for
Miliken. Tomlinson Co.
The following actions have been con-
tinued by agreement of parties: Salna
g. Tozier VS. Somerset Railway; Samuel
Bunker vs. Frank Atwood; Marcellus
Aver vs. John B. Maddocks ct ais and
Jerome D. Hewett vs. Alonzo II. Chase,
and the suit of Humphrey e. Skidmore
vs. w. E. Furnish has been settled by
counsel.
The action of Isaac l.. Salley VS. John
Robinson on trial, occupied the court,
Friday. This is an action of trespass
for cutting and plugging a water pipe
which furnishes plaintiffs dwelling
house with water, and breaking into
water house of the plaintiff and carrying
away door. Plaintiff claims that the
right to use these pipes and draw water
has been acquired by twenty years ad-
verse possession. 1t appeared in the
testimony that in 1877, a Mr.. Sayward,
who then owned the house where the
plaintiff now resides, made an arrange
ment with Joseph Robinson, as the
plaintiff claims, or with the defendant,
as he claims, by which he, Sayward, was
to have the right of drawing water from
the defendants stream near by, and i'll
pursuance of that agreement, built
dam, erected q water house and put in a
ram and laid pipes TO his dwelling.
His death occurred in $780, and shortly
after the heirs sold the property to
Alice j. Lang, who in turn conveyed it
to DR.. Salley, the plaintiff in suit.
The defendant claims that the ar.
rangement with Mr.. Sayward was sim.
ply verbal license or permission,
which he had right to revoke at any
time, that it could not pass to his heirs,
and could never ripen into an easement.
That Sayward never claimed to own any
right in the water, and hence could pass
none.
The plaintiff insists that if such had
been the agreement, Sayward would
never gone to the expense of putting in
a stone dam and pipes, at a cost of about
500. He claims that from the time the
pipes we're laid down to the time of Mr..
Sayward's death, the privilege was held
under claim of right and that the acts
of control were open and notorious, SO
that prescriptive right to the use of
the water was acquired by Mr. Sayward,
which attached to his real estate, passed
to his heirs and was vested in the plain
tiff by deed of the land. The damages
claimed are set at one thousand dollars.
Danforth & Gould and A. X. Butler for
plaintiff; Edward N. Merrill for defen
dant.
The, case was given to the jury at
noon Saturday, and after being out
about an hour verdict was re-
turned for the plaintiff for 500 dam
ages. This verdict carries with 1t
the right to the continuous use of the
water of which the plaintiff was depriv-
ed by the defendants trespass, which
was the real issue in the suit. E N
Merrill, counsel for the defence, has
filed motion to have the verdict set
aside.
Stanley Bernard of Madison was
brought into court, Friday, and arraign.
ed upon an indictment for larceny of
various articles of clothing The coun-
ty attorneys entered mol pros as to all
the articles except pair of trousers, to
which the plaintiff pleaded guilty, and
was sentenced to sixty days in the
county Jail
Joel II. Gray of Scion was arraigned
upon nuisance indictment and was
fined one hundred dollars and costs
taxed at 500 90.
divorce was granted to Nellie Nj,
Weston from Coney d. Weston for cruel
and abusive treatment and extreme
cruelty.
The action of George Fl. Hunter ct ais
VS. Augusta Pushor (appt }, has been
settled by agreement.
divorce was decreed to Georgiana
Barker from David II. Barker for cruel
and abusive treatment and extreme
cruelty.
The Skowhegan liquor sellers were
brought before the court, Saturday, and
contributed their several assessments to
the county treasury. Fines were i'm
posed as follows--all nuisance indict-
ments.
John D. Symonds, $40; Edward F.
Pomlow, $40; George Fairgrieves,
$40; Walter Pierce, $170; George f
Washburn, $l45; William G, Heselton,
s120; Robert T Haines, S120; Chas F.