Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-05
DECISIONS ANNOUNCED EY LAW COURT

Mary W. Cotton y. Inhabitants of
Mechanic Falls. Androscoggin 90.
kescript by Whitehouse, J.
The plaintiff recovered against the
defendants a verdict of $l,500, for in
juries sustained by stepping into hole
in the planking of the iron bridge
across the river in the defendant town
on the thirteenth day Of May, 1899.
After 4 careful examination Of all
the testimony reported in support "
the motion FOR new trial, ii is the
opinion Of the court that the evidence
in behalf of the plaintiff. critically
compared with that of the defendants,
was sufficient to warrant the conclu-
sion reached by the jury, that the
planking was 50 defective and out Of
repair at the place where the accident
happened. that the walk was not
reasonably safe ana convenient for
travellers, that the plaintiff, having no
| official duty to inspect the planking OF
the bridge, had not observed the de-
Iective place, ana did not have notice
Of its condition before the accident.
but gave the walk such attention as
reasonably prudent travellers ON foot
usually and ordinarily give to the
planking of a bridge upon which they
are walking: that the defect had
| progressed 50 far in the latter part OF
the autumn Of 1883. that the knowledge
| of its condition acquired by the ROAD
! commissioner and one of the selectmen
at that time authorized the jury To ma
that they had more than twenty-four
| hours actual notice Of the detect
which caused the injury" and that the
damages awarded by the jury to
make the plaintiff whole and afford
| her a just compensation for the serious
and permanent injury sustained by her
cannot reasonably be deemed excess
sive.
Motion overrued. Judgment on the
| verdict.
Burgess Y. Robinson. Waldo co.
Res.ipt by Whitehouse, J.
| The plaintiff claims to recover pos
session of certain real estate by virtue
Of tax title
IN the assessment which establishes
the lien on land and forms the basis
of all subsequent proceedings, there
must be a definite ana distinct deS'f1h-
ton of the land upon which the tax
il intended to be assessed. TINS rs
o,,irement is not obviated nor the
|
Of 1895. Chap 20, relating to sales OF
land for non-payment of taxes
! In the collectors return to the town
clerk with a particular statement OF
his dofngs" under the caption ''descrip-
ian Of property" are found only the
words "On Brown road" No attempt
,,.hate>er is here made TO give any de-
ecription or designation of the land sold.
|
~ land in this return must be
deemed fatal to the validity Of the sale
I'M Of the title which the collector
eorght 10 pass by his deed to the
| town.
The deed from the town to the PLAIN
tiff is also imperative TO give the
nlaintiff a valid title as against the de-
| fandant. 1t must be treated IN law
| os If made to the husband; ana II IL
had been made to him it would nave
had the effect, as against the defend
ant to extinSUish the tax title in the
same manner that release from the
town before the expiration OF the TWO
| years would have done.
| Indgment for the defendant
Fleming. in ca. Y. Courteney. Lincoln
% Rescript by Whitehouse, j.
= &c y well-scttled and familiar rule
If nrcceeding in all courts exercising
General equity jurisdiction. shat when
nlointiff is prosecuting an action at
,atr ara d suit in equity against de
r,ndont at the same time for the same
r,ueo he may be compelled by the
co,rt upon application of the lie
fandant. to elect whether he will pro-
nond with the action at law or the SUIT
in equity.
Tbe order should allow the plaintiff
,aascnnbIe time in which to make his
a,action. and in the absence of special
.oasons justifying a different time. in
.ho carly chancery practice the plaintiff
,,..c uniformly required to elect vii hin
Int DAVIS after service Of the order.
The order made in this case was