Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-05

cover for personal injuries sustained
by the plaintiff by being run over by
car of the defendants on public
crossing in the town of Lincoln. The
case came on for trial before a iury
and at the conclusion Of the testimony
Tor the plaintiff, on motion of the de-
PENDANTS counsel, the presiding JUS
lice ruled that the testimony would
not sustain a verdict for the plaintiff
ana ordered a nonsuit. To this ruling
and order the plaintiff seasonably ex-
cepted, and the case comes I'D on the
exceptions. The plaintiff, a bow of
eleven years. on the I'd day of July,
1902, at O'Clock in the afternoon I'M
dertook to pass upon his bicycle the
railroad track that crosses the high
way in the village of Lincoln. AT
this time an engine and several freight
cars. the exact number of which is I'M
certain. were upon the switch a short
distance from the crossing. One of
these freight cars was kicked back
toward the crossing by the engine and
when it reached the crossing it struck
the plaintiff sitting upon his bicycle,
and produced the severe injuries from
which he suffered the amputation of
both legs. If we could decide this
case upon sympathy it would be a
pleasing duty, but the evidence clearly
warrants the ruling of the presiding
justice. To quote or analyze the testi-
mony, in view of its brevity, is un-
necessary. A careful consideration
of it shows that the boy took the
chance of crossing in front of a car
that was bearing down upon him at Il
rate of speed SO slow that lit did no!
clear the crossing wholly as stated by
the plaintiffs own witness. The car
must necessarily have been right upon
him when he took the hazard of cross
ing. He says he understood that it
was dangerous to go near the cars and
that he had got to keep out of the way
of them and that he had seen them
moving cars around the same way be-
fore, once in a while.
Exceptions Overruled.
Reed Dec. 2, 1904.
John Dorr. Aplt. from Decree of Judge
Of Probate. Rescript (No opinion)'
Spear, j.
Henry Hudson was duly appointed
administrator of the estate of cynthia
Dorr upon the following petition: Re
spectfully represents Josiah White
house of Wellington. in said county
administrator of the estate of Bcnja
min d. Libby late of Wellington. III
| said county. deceased. that 'Ehtni'
Dorr who last dwelt in Wellington, III
| said county. died on the 10Th day Oh
December. 1898. intestate. that she
| left estate to be administered TO VIZ
| personal estate of the value OF at ieas'
twenty dollars; and real estate OF the
value of at least twenty dollars, ana
owed debts to that amount; that !oui
netitioner is interested in said estate rs
creditor of said Cynthia DoFr. Inc
| rest of the petition is the formal p2rl
found on every blank except that the
| iurat does not bear the date OF the
wear, but the petition is dated May sun
1901, and the administrator was a?-
nointed in the following August. Upon
tho netition the Judge of Probate mad
decree appointing Henry Hudson, al
| ministrator as prayed for FROM .n'
| decree John DOrr widoWer OF CEhtE!I
DOR. appealed.
| IIpon hearing in the Appellate
Court the justice presiding found ina
| the petition for administrator was lh'
| petition of the legal representatives. .,
| the estate Of Benjamin d. Llppy' aiio
sufficient in form: that the decree was
made at a regular adjourned session .
the August term. 1901. of the froo'',
Court: that the decree of the Judge :"
Probate was valid and legal, that ti'
a,peal be dismissed with costs, the ne
cree of Probate Court affirmed ana I'M
case remanded for further proceedings
IN administration. We find no reasoi
for disturbing the facts as iounu II
the decree. nor any question OF law
unou which an exception can be paseu
| Exceptions overruled-
Reed Dec. ., 1904.
| Harrison G. Sleeper VS.. N'''