Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-07
FOR $7o4.44.
Verdict for Plaintiff in Case
Harvey vs.. Augusta.
Action for Land Damages Building
1ogus Railroad Extension.
Case Barber Against Parker for Al.
legged Malpractice on Trial.

At four O'Clock, Thursday afternoon,
the jury of which Edwin Ii. Langston
OF Augusta, is foreman, returned a YER
dlct for the complainant, Elsie w. Har-
Vey of Readfield, against the city of
augusta, placing the damages at
s'o4.H The jury held the case under
deliberation for one and three-uuarters
hours.
Although the city was the technical
defendant. the Augusta, Winthrop &
Gardiner Street Railway Company was
the real defendant, and the city is in no
way liable. The reason that the city
Of Augusta was cited as the defendant
was the fact that the municipality
granted a right of way to the railroad
company opposite and adjacent to the
land of the complainant on Stone street
in the city OF Augusta.
The writ, stripped of it's legal ver-
biage, alleges that Elsie w. Harvey of
Readfeld. complains against the city
of Augusta: that since the first day of
May. 1901 she has owned Il parcel of
land on Stone street in the city of Au-
gusta: that at meeting of the mayor
ard board of aldermen of the city of
Augusta, May g. 1901, it was author
lied to raise the grade of Stone street
opposite and adjacent to the premises
of the complainant; and that because
the sidewalk was raised opposite the
petitioners land, the average amount
being four feet, the lot and building
owned by the petitioner were greatly
damaged.
joseph Williamson, Jr., of the firm
of Williamson & Burleigh of Augusta
and William II. Mcclellan, Esq, of
Belfast. appeared for the plaintiff, and
Herbert NJ. Heath, Esq, of the firm Of
Heath & Andrews, and Thomas j.
Lynch. Esq, of Augusta, represented
the railroad company.
The suit was really an appeal from
the decision of the municipal officers
of Augusta. which consists of the
mayor and board of aldermen, who in
vestiSated the matter and who made
Il tender to the complainant for the
alleged damage to the property caused
by the raising of the sidewalk at issue,
the said tender beiEg refused by the
complainant.
Tne witnesses for the complainant
testified as to the value of the prop
crty before ana after the raising of the
grade. and the general tenor of their
evidence was that the property has
greatly deprecated in value on account
of the said raising of the grade. Many
witnesses testified in behalf of the de-
fence, members of the board of alder
men and all three of the Augusta as
SCISSORS. They all agreed that the rails
| ing of the sidewalk did not damage
Il 70,
great amount
During the forenoon, Thursday able
closing arguments were made by COun-
| sci Williamson for the /. complainant.
Justice Whtehouse gave a clear inter-
probation of the law in his charge. The
case was given to the jury at 2.15
o'clock.
When The jury reported, it was ex-
cused until 2.15 o'clock Friday after
noon.
1T is understood that the damage was
placed at $500 by the municipal officers.
1t is also understood that the railroad
company was willing to compromise.
Associate Justice William Penn
Whitehouse, who is presiding at this
term. stated to Kennebec Journal re-
porter. last evening, that he thought
that the final adjournment of this term
would be made. Saturday. 1t is I'M
derstood that all the other jury cases
have been settled or continued.
| At 81 O'Clock. Thursday afternoon, the
case Of Leonard Barber of Manchester,
against George G. Parker of Winthrop
a physician and surgeon. The action Is
one for alleged malpractice in attending
a dislocation of the right arm at the
shoulder joint of the plaintiff. Damages
are placed at $1,000.
The testimony on the part of the plain
tiff tended to show that at Manchestc..
April 2S 1892, the plaintiff suffered a dis
location of the right arm at the shout
der Joint: that on May Sth of this year
the plaintiff employed the defendant DR..
Parker, to attend the case; that the de
PENDANT conducted the case in Il careless
and negligent manner and that on ac-
count of the alleged unskilful manner in
which the dislocation was attended to the
plaintiff has been prevented from trans
acting ordinary business and has suffered
much. .
the plaintiff relating to the injury in
GLIDING Dr. j. A. Donovan of Lewiston.
Tho defence contendcd that the job was
done in a skilful and proper manner and
that if there was second dislocation ii
must have been done by the plaintiff
A session Of the court was held. Thurs.
dav evening, beginning at $50 O'Clock.
and continuing until after 10 o'clock. The
evening session was held to accommodate
Dr. Alfred r. King of Portland. who was
Obliged to leave on this mornings Pull
man for Eastport 10 perform a difficult
surgical operation. The. testimony on the
part of the plaintiff was Completed at the
adjournment of court, last night. until
$40 O'Clock this morning. Two witnesses
testified for the defence.
Probably no more distinguished array
of medical experts ever faced jury in
n Maine court than the following who
have been summoned as witnesses in the
case: DR. Stephen II. Weeks. DIR. S c.
Gordon, DIR. Alfred r. King. Portland; DIR.
Ia. I. Crooker Augusta, DIR. J. n. Dono-
van Lewiston; DIR. L. C. Thayer. Water
willie: and Dr. w. p Giddings, Gardiner,
The Board of Managers of st. Marks
Home gratefully acknowledges the fol-
lowing donations for October: Mrs.
L. w. Hyde. Bath, barrels apples;
Miss Parrot. corn.