Daily Kennebec journal., 1904-11-23
Of $21,e2e.e1 Against
the Maine Central.
Mrs. Reedy. $9866-. Mrs. Wood.
$7558--Beedy. $4204.
Case of E. T. Finn vs.. TeIephone ca
Now on Trial.

tunr B"edy against the Maine Central
| Railro9d c., after hours and 15 min
utes deliheration. returned Il verdict for.
| the plaintiffs in each instance Mrs Ar
| tnGr Eeedy received judgement in the
sum o: S3SGo.3: Mrs. LYDIA NJ. Wood
S'";'s9@ and Arthur BceGy S420l. sc, max
ing Total judgement against the COM
| pany Of $2l,G2@9l.
The case has been ona of mdesprea I
interest, from the nature Of the injuries
received by both lady plaintiffs. and
! 'h'' leafhcd counsel engaged. While the
Ver'iict is re,ldt red hi; Goes not necas-
sarlly mran the end Of the case. as il,
IS very probable that il will be taken
before the law court on the ground Of
excessive damages
One of the jurors OH this panel. in
conversation With a journal reporter
after the rendering "t the verdict.
| claimed that the jury without dissent
ing vote We're in favor Of verdicts for
the plaintiff on the t!~et ballot. Thc
question of how much proved to be the
bone OF contention, some being in favor
of excessive damages and others con-
Sldera'Iy understinlated the above
figures. The matter was finally setIla.,
~ w ".''o'tiiiiS vi Happy IHtuluT1.
At the rendering of the verdict this
panel cf the jury was excused from
further duty until Friday morning.
The court room Was crowded through
out the morning with interested law
yerS ana citizens who We're eager to
hear the arguments Of the learned
counsel. They We're not disappointed,
fer the arguments. both for the plain
tiff and the defence were mastery ef-
forts. showing not only the recognized
ability, but considerable forethought
on the part of the counsel. Immediate
ly following the opening of the ses-
sion. Attorney Orville D. Baker made
his plea before the jury. His argument
consumed IN hour and 40 minutes
time. but the spectators hardly real
ICED the fact so closely did they follow
the line of argument. Mr.. Bakers plea
tended 10 show neglect on the part of
the plaintiffs in the case in not using
their sense of hearing to better advant-
age in not hearing the approaching
train. thus preventing the accident.
Further than this he tried to prove
that The trainmcn had done all in their
power to prevent the accident, etc.
Taken altogether it was an argument
which it is seldom ones privilege to
listen to. and only adds another lau-
rel to Mr. Bakers long list of excellent
pleas.
After short recess Herbert NJ.
Heath. counsel for the plaintiff, began
his plea before the jury. This plea was
interrupted at noon with a recess. and
~. rncIlInp1 tlv din
ne,. Mr. Baker had in his plea made
several remarks which seemed none too
well relished by Attorney Heath. ana
as result the latter started off with
somewhat Of a rush. His past expert
ence as one of the foremost members
of the Maine bar stood him in good
stead, ard his argument will long BE-
remembered by those present rs one
of the most finished and best argued
it was their fortune to listen to.
Mr. HeathS plea was limited To Tour
princinnI arguments: The high rate of
speed OF the train: negligence on the
part Of the tr;inmcn at a blind cross
irg: the abscnce Of a tlagman or other
rrOtecti0ri at the crossing. ana negh-
.enc, OF the mart of the trainmen IN
not coupling the air brakes on the
train. These points he dwclt u"on |"
.o,,sioc,ebla length. and in closing his
;:r-,,mert he explained to the jury tha'
he had fixed the ad damnum according
10 his conscience and did not consider
80. 600 excessive IN this case
Justice Whitehouse in presenting the
charge to the jury. dwelt but signify
with evidence, as far as the reviewing
went but confined himself to the law
roiuts governing the case These points
h.. exnIained at length to the jury. VINO
t,ok the documentary evidence ana re-
p,ir.d TO the jury room at CLOCK.
Al the conclusion of the charge 10
the Jury by Justice Whitehouse IN the
.,hova case the suit of Edward I. F1nn
e. New England Telephone ana Teie-
eraph Co was brought to the atten-
tion of the court. The plaintiff III the
case was represented by the law hrm
of Williamson & Rurleigh. and Cornish
and Rassett represented the defend
,nts IN onening the case Joseph WI
hanson read TO the jury the several
counts on which the action was based.
The first count charges the Telephone
Co with gross neglect, inas'nuch as
III = hazardous and dangerous place. |
Furthermore the company had grossly |
disrega rded their duty in the exercise |
of even ordinary care in the protection
of this plaintiff. The decree states
that the plaintiff as a result Of having |
his flesh burned and lacerated, has one |
arm and leg permanently impaired |
The second count deals exclusively |
with the question Of damages
The defence as outlined by Attorney |
Leslie Cornish, will be a general de-
NAL of neglect on the part of the COM
pany, but will tend to show and place
the neglect on the accident in question |
upon the plaintiff. Edward T. Finn.
The accident upon which the action /
is based, will be remembered as oc- /
curing on tie afternoon Of Aug. "a. /
1903, near the residence of the late
CONTINUED on page ~ n