Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-05
LOCAL MATTERS.
SETTLEMENT EFFECTED
In Suits Against n. r. Sawyer, South
Gardiner.

Kennebec county, Friday, settlement
was effected in the suits of Samuel
r. DuntOn and Freeman Pinkham VS..
Henry r. Sawyer of South Gardiner.
The plaintiff sought to recover the
sum of $1,000 damages for illness
caused by an agent of the defendant
selling them Columbian spirits or
wood alcohol instead of straight alco-
hol In each case the defendant was
defaulted to appear for the sum of SOS
and costs.
George W. Heselton, Esq. of Gardi-
ner, appeared as counsel for the plain
tiffs and Heath & Andrews of Augusta.
for the defendant.
The writs in each case alleged that
the defendant, July "a, 1904, was and
had been for a lond time prior thereto,
conducting a drug store and held him
self out as a druggist and then and
there kept for sale and offered for sale,
medicines and other articles and COM
modities usually kept in Il drug store
and then and there employed one JEFF
ferson Sawyer as his clerk, servant and
agent by whom, he, the said defend
ant conducted said business. the said
Z Jefferson Sawyer, then and there act
ing in said capacity of clerk, agent
and servant of the defendant, did then
and there careleSSly and negligently
sell and deliver to the plaintiff one half
pint of Columbian spirits, which the
said defendant by the said clerk, agent
and servant did then and there pre-
tend and represent to he alcohol; and
the plaintiff then and there, not know
ing 10 the contrary, but relying upon
the said defendants pretence and
representation, and believing said CO.
lumbar spirits, so sold to him, to be
alcohol drank a small quantity of said
Columbian spirits mixed with water:
the plaintln requested said Jefferson
Sawyer to Sell and deliver to him one
half pint Of alcohol and the said JEFF
ferSOn Sawyer, in his capacity as
clerk, agent and servant of the defend
ant. did then and there carelesSly and
negigently sell and deliver to the
plaintiff one-half pint of wood alcohol.
which the defendant through his agent,
pretended and represented to be alco-
hol: and the plaintiff then and there.
moi knowing to the contrary, believing
the wood alcohol to be alcohol. drank
small quantity of wood alcohol H. cd
''''' '''''i' WIN II quantity. IL lllc ne
had been alcohol. would not hay. 81.
jured the plaintiff.
The plaintiff AYERS that the ri
wood alcohol. sold and delivered
him. is a powerful and deadly 20 .,o.,
and unfit and unsafe to be taken ser-
nally and that the quantity which the
pltintiif drank taken internally is dam
gerous to health and life, and the wood
alcohol drank seriously poisoned the
plalntif and made him sick for a long
space of time. to wit, for the space of
two weeks. and suffered great pain. in
which quantity, if the same had been
alcohol. would not have injured said
| plaintiff.
| The plaintiff also alleges that the
said Columbian spirits, sold and deliv-
cred to him, is powerful and deadly
| poison and unfit and unsafe to be TAX
| on internally, and that the quantity
! which the plaintiff drank, taken inter-
| n&lly is dangerous to health and life,
and the said Columbian spirits serious
| ly poisoned the plaintiff and made him
sick for long space of time, to Wit.
| for the space of two weeks and suf-
| fered great pain in body and anguish
or mind therefrom and that he has not
fully recovered from the injurious eff
fects of said poison at the present time
And the plaintiff further says that
by reason of said sickness caused as
aforesaid he was put to great expense
IN procuring medical treatment, was
forced to lose much valuable time in
his business and was injured in his
health and that the injury and sickness
suffered by the said defendant and was
in 10 wise due to any negligence and
want Of due care on the part of the
J plaintiff.
. The jury was excused until 10 O'Clock.
next Wednesday morning. On that day
n second jury will report.