Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-15
LAW COURT.
Important Cases Were
Argued: Wednesday.
Hancock County Cases. Today
and Kennebec Cases. Friday.
Assignment of Judges for the Terms Of
Court in 1905.

prominent mentors of the Maine bal
| we're present and took active part il
the days proceedings. The session
| opened with the calling OF the case o
Mccullough VS.. Royal River Mfg. Co
ease, which was continued until latcl
owing tc the non appearance of coun.
| sci.
| The next case that OF Maine Waite,
Co. vs.. knickerbocAer Steam Towag.
| Co.. was considered Jointly with tina
Of Maine Water Go. VS.. Crane ct ais
| Eugene P. Carver. of the law firm 81
Carver & Blodgett of Boston appeared
for the defendant. and benjamin
| Thompson for the plaintiff. tn.
plaintiff brief was submitted by Sy.
monds, Snow. Cook & Hutchinson ant
Benjamin Thompson. These action:
were before the court upon exceptions
The first upon exceptions by tht
plaintiffs. and the second by the
| plaintiff.
Both actions We're tried together ir
the court below. and by agreement,
! were submitted for decision withou,
the Intervention Of jury. rights OF
| exception being reserved.
Both actions We're brought by the
Maine Water Company as the owner
of certain water mains over the bed OF
the kennebec river. between Bath and
WOOlwich. to recover of the defendant
the knickerbocker Steam Towage Co.
as the owner of the steam tug Sequin
and to recover OF &. w. Crane and
others. as the owners of the schooner
Jessie Lena. the damage done to one of
the plaintiffs water mains, on the
morning of June 10, 1903, while that
schooner was getting under for the
purpose of proceeding to sea in tow of
the steam tug Sequin. The court be-
low found the defendant negligent and
assessed the plaintiff, Knickerbocker
Steam Towage Co. damages at the
sum Of s3.666.29. and that the defen-
dant, c. w. Crane. was not liable. De-
cision was reserved.
The next case offered for oral argu-
ment was that Of c. B. Abbott ct ais
of the state Of Colorado and Henrietta
d. Goodell at ais. of Maine. Antoine &
Talbot and Allen & Abbott appeared as
solicitors for the defendants and d. A.
Meaher, George H. Heselton, Philo 3.
Tolles and Thomas d. Cobbs for the
plaintiffs.
The action was a bill of equity
brought in the state of Colorado
against the stockholders of the State
Bank of Monte Vista that reside in the
state of Maine. The demurrer of the
defendants was sustained in the lower
courts and the case is now brought on
appeal Of the plaintiffs.
The following cases from Cumber-
land county We're disposed Of
Bickford VS.. Aetna 1ns. Co, previous
ly argued.
Brunswick & Topsham Water Dis. by
W. r. ct ais. Trs. Petr. for aptmt. OF
appraisers. continued.
Coombs ct ais. VS.. Hartford ct ais.
submitted in brief.
Cutler ct ais. in eq. VS.. Burroughs ct.
ais. previously argued.
Great Northern Paper Co. VS.. Lom-
bard Water Wheel Gar. Co.. previously
argued.
International Wood Co. VS.. Natl
Assurance Co. Of Iceland. argued.
Kelley VS.. City of Portland. argued.
Lombard Water Wheel Co. VS.. Great
Northern Paper Co.. argued.
Maxficld VS.. Me. Cen. Il. r.. previous
ly argued in brief.
Mcclure in Eq. VS.. Gallagher ct ais.
postponed.
Neale VS.. Allen, argued.
Rogers VS.. Smith, argued.
Rogers. Assignee VS.. Portland & 3.
st. Ry., argued.
Schwartz VS.. Flaherty, Apt. argued.
disposed Of.
submitted in brief.
State Sci. Fa. VS.. Russ ct ais, arg
ued.
State vs.. Robb. Aplt argued.
State VS. Barker, continued.
Abbott ct ais. ip Eq., VS.. Goodall ct.
ais. orally argued.
Foster vs. Sebago improvement CO.,
to be argued in writing.
Laforest in EQ., VS.. Blake Co., briefs
to be submitted.
Lucas VS.. Lowell. argued.
Nevens VS. True, Guard, to be argued
orally.
Court adjourned at 12.45 until $50
o'clock in the afternoon.
AL the TeSun1lIS VI tIle session IHc
argument was continued in the above
case. The plaintiff counsel in the argu
ment set forth. in the application for
a new trial. that the lover court erred
in holding that complete justice could
only be done in Colorado the house OF
the corporations: in holding the bill
multifarious, and III holding that the
bill failed to show d cause of action
in equity.
The reply by the counsel OF the de-
fence was a general denial Of above
statements and was principally tn"
reading of law decisions from refer
eiices noted in the defendants brief.
Decision was reserved.
The next case to be argued orally
was that of a postponed Androscoggin
county case. that Of McCullogh VS..
Royal River Mfg. Co. Ex-Judge Enocn
Foster appeared in behalf Of the de-
PENDANT, and as the r:oving party. D.
J. McGillicuddy was counsel for the
plaintiff. The case was one OF John
Mccullough. minor IS years Of age.
who lost his right hard in 4 tapping
machine. two years ago in the employ
Of the Royal River Mfg. Co.
The lower court returned a verdict in
favor Of the defendant in the sum Of
$e700. The counsel for the defendant
based his claim on the action for the