Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-10
FROM LAW COURT.
Rescript in Case of McLain Versus
Caribou National Bank,

Charles w. Jones, clerk of courts, re-
received rescript, Thursday, in the
AroostoOk county case of Carrie M. Nc
Lain versus Caribou National Bank.
The rescrirt drawn by Justice Strout
is as follows:
In 1908 defendant erected a building
III CHribOu on the corner of Washburn
aNcnne and Vaughan avenue. October
q, 1903 the walls were up and rooted
in, but the structure was not ready for
occupation. 1t was the plan to have
on three sides of the building a con-
crete walk about eight feet wide. On
the east side, on Vaughan avenue, the
walk had been completed. and also on
the west side, but on the south side,
facing Washburn avenue, a curb had
been put in upon defendants land ad-
joining the avenue and dirt filled in be-
tween that and the building, up to
within about four inches Of the top of
the curbing-that space being left for
the concrete that was to be filled i'm
later. About seventeen feet from the
southeast corner Of the building or
Washburn avenue in this walk was a
rolway to the cellar of the building
feet deep.
On the night of October GATH or early
morning of the 25th, plaintiff. while go
ing to a fire, fell into this rollway which
was uncovered and without protection
OF any kind, and was injured, and this
suit is to recover damages for that in
jury. Plaintiff had a verdict and the
case is here upon motion to set the
verdict aside, and on exceptions.
The walk on Washburn avenue was
not only in the unfinished condition
above stated, but at the southeast cor
ner next to Vaughan avenue, three or
four hundred bricks were piled upon it
next to the building, on the curb was a
pile of lumber about two feet high, in
two tiers, and between them some bar
two feet to pass from Vaughan avenue
onto the walk. The lumber was some
twenty feet long and extended to the
rollway but did not cover it. At the
westerly end Of the walk there were a
large number of barrels and carpenters
horses and other debris, which nearly
er quite prevented access to the walk
at that end These distractions prac-
tically prevented entrance upon the
walk from Vaughan avenue or at the
other end. They were a plain indica-
ton to the public that the walk on
Washburn avenue was not opened for
travel and negatived any implied in
vitation Of defendant for travellers to
enter upon it. In going upon it that
night, the plaintiff, while perhaps not
a trespasser, was at most a mere IL
censee, to whom the defendant owed
no duty except not to wantonly injure
him. The principles announced by this
court in Dixon V. Swift, 9S Maine 207
and Parker V. Portland Publishing Co.,
69 Maine 176, apply to this case.
Upon the question Of due care of
plaintiff, it is difficult to perceive it's
exercise by her. She says it was dark
and she did not see the rollway, but
diagonally across Washburn avenue
and within the distance of less than
three hundred feet the Lyndon Hotel
was on fire, the flames coming from the
roof, and in the opposite direction and
one hundred and forty-seven feet dis
tant street electric light was burn
ing, which it would seem must have
given sufficient light to any attentive
person to see the rollway. Several
witnesses say they could see without
difficulty. 1t is probable that the
plaintiff was under the excitement
from the fire, and her eyes ana atten.
ton We're upon the burning building