Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-03-14
"DE\' Cures consumption. Not all
AuAA cases, but very many. Your
doctor will tell you more about
- this cough remedy. i is AfKfmsss
FROM LAW COURT.
Continued from page ~

made by her son. But the evidence en-
tirely fails 10 show what the issue was
at the trial in the municipal court.
Whether the plaintiff sought to hold
the defendant liable for his claim in
an original or collateral undertaking.
or upon any ground involving an in
qury into the ownership Of the prop
erty i'll question. does not appear With
respect to the plaintiffs contention tn Il
he defendant failure TO contradict
this testimony in the municipal court.
must be deemed an admission on l.ar
part by silence ana acquiescence, OF
the truth of her sons statements.
Held that before the silence Of a
party can be taken as an admission Of
what is said in his presence. it must
appear that the fact admitted. or the
inference to bc drawn from his silence.
would be material to the issue.
That, the declarations of Alv:th g.
Usher. in the municipal court, not
shown to have been material to IL"
issue before that court, cannot lie
deemed to have been admitted by tho
silence Of the defendant and are net
competent evidence to prove that Al
.rty alleged 10 have been fraudulcnt!y
transfer" 81. and IhIt since the report
!iscluSes no other proof Of it. the entry-
must he, judgment for the defendant.
III the cas-" Of Robert Cosgroy.
"uiuSL the kcunebcc Light and UeJt
20. the court granted Il new trial on
tn" ground that the evidence in the
case clearly showed that the verdict ~
In
rcscript drawn by Justice White
house is:
Il an action by the plaintiff. i night
engineer in The service Of he Oakland
Mfg. co. to recover dlmugcs against
the Nennebrc Light ana Heat 60. for
injuries sustained by him as the result
81 "iin%ing his right hand in contact
with an electric light wire in the fire
| room IF the Oakland Mfg. Co. it an
| reared that he dangerous condition OF
the electric cord was caused by tic
hrctkihG dr.Nu Of the insulation that
| separates the primary and secondary
| wires in The transformer at the defend
| ant $ electric station. whereby the en-
| tlr" high N"is.tG" OF the primary cur
!"tiI WIS trans ntted through the Sec
"no'ry wires which supplied he im-
| ca"drscent lights i'm the fire room Of
the Oakland a.. where the rlaintiff
1 was employed Ii further appn.,rc H.
however. tilit this transformer v:ia
| purchase from Il reputable house. tina.
\ It was - standard PATTERN ana az
nToveI design, ana that it had rot Tra-
Vi"uSIv shown any Indications e.
breaking down.
| }lrLl. That under those circumstance:
| the mere fact Of the burning uut d! Nv.
d"f'rdsnt's transformer was wholly liz
sufficient to establish the charge 81 nce,,i
%rn'' ct dutF on The part of the defend
1t further appeared that two hours In-
| Tor" tn" injury. Higgins. the day cnci-
n'"t, informed the plaintiff that there Wa
trouble with tho wires ard that T., b1d
| received q SrrCk from the hutton CON
| tr"iilnE til" light and warned him not 10
touch it: but the plaintiff coutcnGtd that
4 n Wi'% induced ~ the assurances nf tn .
I I"lrnHlnt station agent. Ferry. ana Wy
INC nature IF Foreman Snule'g tcionhu,i,,
r"lnfnunlcItI"n, to believe that the dang n
rNISt'n$ when Higgins received Il shrctl
| from the Luton had been ulviatod, and
mat ~ thr time of the accident he YVES
| t"iioWlnE tire instructions of Berry -
dr"W thc light in whore i belonged
under inc ;lplun of the boilers
| hcld. ON motion to set aside 4 vrr-
dict i"r tn" plaintiff. that his testimony
IN regard to III" Iimr AMI subsistence ur
the conversation hy telephone with Fore
man S"di" is 50 strongly d;srred;tcl ~
| ~" circumstances and its own inhcrc., II
imir"i'ah'iitY. well ~ hy ~. r,It
weight of pGSi;iN- cv;d"n' against il, that
4 'tnrot he deemed SIfic int ~ Surp.rt
a Endiu% that III" plaintiff was misIcd u:
iHduC"d to relax any prudence or Vi2i-
Lance respecting tfC electric wires in tho
ilr room ~ i'aS"n Of hi ""nv "satlon
over tn" tell phuu" with Eor-nia7, Sou.
| 1t further appeared that If the nlainl r
W. hir'Gicd iE station Agent t'"rry tr