Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-12-09

servant in leaving the tank, with its
heated contents open and exposed, i'm
| posed no liability upon them to this il
| ccnsee, and that the case fails to SHOW
evidence Of an invitation to the int.s-
| lite to enter or be on any part of the
defendants premises. or that he e1-
ercised due care.
| Held: That upon the ground that the
| plaintiffs intestate was a mere licensee
| to whom no duty was owed, there must
| lie
Judgment for defendants.
Lincoln County-State Us. Twin Village
| Water Company. itcscript BY Strout
/ 7.
| The Clidden Water Illuminating and
/ Power Company. subsequently chanSed
/ to TIE mime of the Twin Village Watc,
! Company, WAS Incorporated and au-
thoriZed by Chap. e07, Special Laws of
| 1888, to furnish water to Nobleboro
Newcastle and Damarscotta and their
inha bitants for domestic, sanitary and
municipal purposes, and the extingu!sn-
llent of fires. and to furnish electric
| lights for lighting streets in those towns
and to dispose Of electric light and
lsowcr to individuals and corporations
| Besides the necessary power Of emil
F., nent domain. it was also authorized to
| contract with the towns, or any viilaga
corporation and with other corpora
tons and Individuals to supply water
Or electric light or power.
The act PROVIDED that in case no p0"-
ton of the works of the corporation
should be put into operation within two
years of the date Of the approval of the
ACT, March 2S. 1898, the rights and
! rivileges" granted should be null and
void. BY an additional act Chap. 10.
Special Laws. 1895, approved, Feb. i,
1895, the time within which some por-
ton Of the works should be put in o.
Grafton was extended to four years from
that date. -"
On or before Jan. /. 1897 the COMPANY
rad put in operation its water plant,
nd has ever since continued such op
Grafton and furnished water OF power
as authorized by IFS charter.
Upon informatioiN fled by the after
rey aheral in the nature Of quo war
i;nto because Of this omission. claim
Ing in behalf OF tliegslate that the cor
lp.ation Should II. aousted from that
Iortion of it's charter which relates to
electric lights and power, held:
/. AS this branch Of corporate rights
is distinct and separate from the rights
rs TO water. it i; Competent to render
such decree if the evidence warrants.
,: III was a condition precedent that
the corporation s.lsttld have in opera
ION come ioition Of its works within
the limited time. This it did. II had
lis water plant in operation within that
time. l then became vested With the
fnll chartered powers,
>. The act contemplated that other
portions Of the works. and of Coursc The
duty appcrtaining thereto, would be
further delayed. No time was fixed by
the act within which such remaining
PORTION should be lu. in operation. The
l:w then requires il 70 be done within j
reasonable time. r
4. The burden Of proof rests uron the
state to establish its allegations Thcy"
i; no evidence Of ally usurpnticn w
the corpora ton. NoR-acticn in regard
to electricity is all that is shown: nor
bis the allegation that the defendants D.:
prevent the use o. streets BY any othc:
corpora ton of any weight. The char
1ter authorizing the use Of streets is mot
exclusive. II does not prevent the Leg
islature from granting like authority
10 another corporation.
5. The suspension Of the exercise OF
the franchise for the time it has exist
Cd to furnish electric light and power,
Under the circumstances of the case as
they appear ia evidence, are not in the
opinion Of the court sufficient cause 20
require q decree Of custer
Il &. Tho acts of the corporation. as
we'll as the testimony OF its officers
negative the intention to abandon this
branch of the company's franchise and
give reason Tor delay. The delay is not
wilful in the sense q disregard Of
public interests, but because the towns
and their citizens did not want and
would not take tie electricity. The
Lublic mas not suffered, because the
public did not desire electric light ard
cover, the defendant corporation may
well he excused from the exercise of its
chartered power in that regard.
Information dismissed.
Received, Dec. s. 1868.
Announcement was made Tuesday by
Chief Justice Wiswell Of the assign
mcnt Of judges for the Law and nisi
prius terms during the year 1904. The
assignment for the nisi prius terms are
as follows:
Chief Justice Andrew p. Wisweli of
Ellsworth-Third Tuesday of January,
Hancock, Ellsworth; third Tuesday Of
March, Somerset. Skowhegan: first
Tuesday of April. Penobscot Bangor:
chird Tuesday Of September, York,
Alfred: fourth Tuesday Of Octobsr,
Lincoln. Wiscasset.
Associate Justice Lucillus 4. Emery
of Ellsworth-First Tuesday Of jan
uary Penobscot, Bangor: first Tuesday
Of April. Knox, Rockiand; fourth Tues
day OF April. Lincoln, Wiscasset; first
Tuesday of May, York, Alfred; third
Tuesday of September, Somerset.
Skowhegan: second Tuesday Of Octo-
Der. oxford, South Paris.
Associate Justice William Penn
Whitehouse of Augusta-F'irst Tuesday
of January, Waldo. Belfast: first Tues
day of February. Piscataquis. Dover:
first Tuesday of April, Sagadahoc,
Bath. fourth Tuesday Of April. Wash
;...a. Calais third Tuesday Of