Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-15
Interesting Case on Trial
in Supreme Court.
Irving B. Hail. e; Asks Damage
of WaterviIIe 4 Oakland r. R.
For Loss of a Hand Under a Car. in
July. 1908, at Oakland.

session at 10 o'clock. Yesterday morn
ing. The first and only case to come
before the court for th,. ,lay was that
of Irving L. Haines VS.. the Waterville
& Oakland Street Railway Co. The
plrintim in the case Irving HaineS
through his nearest relative. his father.
Everett Haincs. seeks to recover dam
ages for injuries received i'm an acct
dent on til, companN'S tracks in Oak.
land. on Jul, -. 1903. Through evil
dence presented ii appears that Gid
con HaineS and his grandson. were
ont driving ON Main street. in Oak
land. on the afternoon of July -. l9o;
and the horse which Mr. Haincs WAS
driving became frightened III the cleo
t:ic cars. The occupants of the team,
car. which passed over the grandson =
hand before brought Ia Il stop Ii is
claimed by tie plaintiff that the road.
having Just been completed. and fur
thernnre having 40 authority from the
railway cnnlmi.isiol. to operate
their road. were committing IL public
nuisance. and on this. claim damages
Henry ID. Eaton of Watrrvillc. APP
pelred as council for the plaintiff ana
ChHrles II. Johnson of Watcrville up-
peared for the defendants.
Mr.. Eaton. in opening the ease. re-
cited at some length tn prospective
future for The young man whose hand
had been lost. stating the incouven-
fences with which he would come in
contact through his lost member He.
nj
survey of the locality at which the ac-
cldent tool! place. showing the posi-
ton Of the sieepcrs. rails ANA the.
crossing. He explained to the cour,
that he based his clients case on sew
er;il counts. principal among these
being that Of criminal neglect on the.
part of the company. which he hoped
10 be able to prove through the wit
EesSeS.
The first witness called was Arthur
=. Page. civil engineer of Fairfield.
He drew plans Of the accident. July 81.
1903. and infinitely described to the
court the exact distances; between ties,
rails. etc
Amos Gerald Of Eaii field. tie mex,
witness, is tie manager of the Water
vile Il Oakland, ST! Get r. r. Co. H.
reviewed the history of the road from
its commencement. The road was
opened for public travel on July 2. and
ran. ny to the time of the accident,
smoothly. He was at the scene about
an hour after the accident. July %. and
told Of the condition of both persons
as he S;iw them.
In cross -eXamiuition he described
the car tNo. > which WAS being used
on this day. 1t was one of the Iates,
double truck cars. II feet long. capa-
bic of carrying 81 persons. ana fitted
with up-to-d'te air brake appliances.
Frank +. Hubbard OF Watervillr.
was called but knew nothing which
NE court could admit rs evidence.
ti"'"n H1irrs If Oakland. The driver
:" tn" team. WAS called upon to tell his
story. Tie claimed to have been ,:rl
I" h"rScs hi: "ntir" life. somcwha, u, id
Ing himself on his ability 10 hardIr
E'"St anything in horse flesh. The
h"'S" y" had hat f;,taI day WAS 4 good
rNerr-1ll hnrs" ana bad never show,
i,;,% pronounced aversion to electric.
ears. This day. EoNrvcr. when the car
alh"""ht ii. til" m:'re began to rc.tr
aud turning ahruptlv to The. rirht
threw both he L1d his grandson upnu
The tra' IS in front of III" anroachinc
car. This was practically aH Mr..
l'aincs could remember distinctly for
several days after the accident He sus
tanned several scalp wounds in tie ac
ii lent.
Recess WIS then taken until . o'clock.
After the recess Mr. Haiucs WAS sharD-
" cr"ss-"xamined 10y Mr.. johnson. but
hid st""ffast 20 his testimony.
irving Haincs, the plaintiff. a little
fellow II years old. aided by questions
from his counsel. told the story of tn.
accident. lie coItnbaratcd his grand
Iathtrs testimony dS 10 tn" actions of
y" hors" etc. app"alin2iy describing
nov h was thrown ont of the team
under tho wheels of Tho car. He land,d
hefWc"n two large -lcepcrs which, had
'ot been filled in. mi The car ua<eed
oyer his body. catching his hand which
lay on ne rail He vas assisted TO III.
home of DR. whitney. where the III
lufeG iHcmh'i wal am,uta:.l at the
Nrls'- II" then exhibited the arm to
me saz-' Of the jurymen.
''i' - 'itfI r. - itlI ileN OF l;tkIa nj
WIS c"Hed uD"n I" testify to the con-
iiti"n If Mr.. HtineS ana his grandson
after the accident. de-
icribing their wounds. etc.
Isaac II. Hersom Of Oakland was
allied un"n by the plaintiff. hut MS ev-
"fnce was ruled from the court re-. o"5is
rs it Was not in direct accord with the
'tSe.
Charles Damren. an eyewitness to
ne accident. corrobarated most of the
previous testimony in regard to the ac-
'ioent itself. as seen by him from his
lomH- about 20 rods distant. :
David Ellis. an employee of the Wa
erViiie Il Oakland Street r. r. Co.. in
~ capacity Of Special policeman. de-
'crlDed the accident as seen by him
,oming UP Maine street at the time. II
MIS- Gideon Haines and Mr.. and
WIS Everett Haines were in turn ;
allied upon to testify, telling Of the Wis
Oh the boy to the formers home and
CONTINUED on page ~