Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-12-10
Daily kennsbsr journal
The LAW COURT.
Opening ofthe December Term,
tuesday Morning.
Isl Continued Cases and 81 New
Entrieson Docket.
Cases Will Be Called in Alphabetical
Order by Counties.

n s.
The December term of the law cour.
OF Maine convened at the Court house |
at 10 O'Clock. Tuesday morning.
Andrew L. McFadden, high sheriff Of
the county, announced the opening of
the court in the following manner:
All persons that have anything to do
before the honorable justices of the
Supreme judicial court of Maine may
come forth and declare it and they
shall be heard Prayer was offered
by Rev. Charles A. Hayden, pastor of
the Winthrop Street Universalst
church of Augusta
The following justices were present:
Chief Justice Andrew p. WiswelI of
Ellsworth and Associate Justices
Lucillus A. Emery of Ellsworth, Will
liam Penn Whitehouse of Augusta, AL
bert X. Savage of Auburn, and Albert
NJ. Spear of Gardiner, Associate JUS
tice Sewall c. StrOut of Portland was
not present as he attended the funeral
of the late Hon. Thomas Il. Reed in
that city Tuesday afternoon. Justice
Strout will, however, be present this
morning.
The following members of the bar
were in attendance: Daniel ]. McGiIli-
cuddy. William H. Newell, Frank A.
Morey. Ralph w. Crockett, Lewiston;
George c. Wing. Tascus Atwood, Au-
burn; George d. Bisbee, Ralph T.
Parker. RumfOrd Falls; James o.
Bradbury, Saco: Forest j. Martin,
A. l.. blanchard. r. 3. Cookson,
Bangor; S. $. Brown, Charles F. John
son. Waterville; Fred Emery Beane.
Hallowell A. G. Stilphen, George w.
Heselton. Gardiner; Leslie c. Cornish
Thomas Leigh. Joseph Williamson,
Lendall TitcOmb. Benedict f. Maher
w. Fl. Fisher. Frank L. DuttOn, w. L.
McFadden. Charles w. Jones, Augusta.
One of the attorneys remarked that
all the members of the bench and the
bar wore glasses with the exception Of
Hon. Leslie c. Cornish of Augusta.
Deputy Sheriffs Henry T. Morse of
Augusta. Willis A. Pinkham Of Wind
sor. and Albein N. Jones of Sidney,
have been detailed to assist High
Sheriff McFadden during the term.
Work was begun at once by the call
ing of the docket. The AndrOscOggin
county cases We're first considered and
others will be taken up by counties in
alphabetical order.
The first case argued was that of
Susan X. Whitman VS.. the city of
Lewiston. Tascus Atwood. Esq, of
Auburn. appeared for the plaintiff
and Ralph w. Crockett. Esq. of
Lewiston. for the defence. The
plaintiff received a verdict against the
defendant in the Supreme judicial
| court for Androscoggin county for in
iuries received by reason of an alleged
! defect in one of the highways in the
| city of Lewiston. the jury placing the
/ damages at $6S3.50.
| The case went to the law court on
the motion of the defendant for a new
trial.
Counsel Crockett for the defence
argued that there was no defect within
the meaning of the statute for which
the defendant is liable for injuries re
ceived that the plaintiff and her hus-
band were guilty of contrihitory
negligence: and that the damages as
sessed by the jury were excessive.
Counsel Atwood for the plaintiff con-
tended that the verdict was in ac-
cordance with the law and evidence.
Forest j. Martin, Esq. of Bangor.
presented q petition in behalf of
Lillian p. Page of Passadumkeag. the
defendant in a suit for Islander brought
by Nina f. Kimball by pro ami. also
of Passadumkeag. i'm a suit for SANDER.
The petition is based on the fact that
the decision of the law court IN
affirming the decision of the supreme
judicial court in which the jury re-
turned verdict for 1872. assumed that
the plaintiffs declaration contained
two counts whereas one had peeii
stricken out before the trial. The
petition was accepted and Thursday
Of next week assigned for a hearing.
At the afternoon session the case OIL
\ Angus Amberg VS.. the international
Paper Company, WAS argued by Halph
r.. Parker. ESQ. of the firm OF Bispee
e. Parker of Rumford Falls, for the
defendant. and Hon. Daniel j. NC
Gillicuddy, senior, member of the hrm
of McGillicuddy & Morey FOR the
} plaintiff. At the April term OF the su-
preme judicial court for Androscog-
Gin county. a verdict was rendered m
favor of the plaintiff for $3.50 for an in
iury received to the plaintin causeu
Inv the breaking of a. rope me ue
fence in its motion for new triai
oontended that there was no LIABILITY
and the plaintiff that there was such
liability.
There are 1871 continued cases ana
81 new entries on the docket.
Jefferson Ellis severely jammed the