Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-09-24
Androscooein Rescript.
,\pUpStoGGlN COUNTY.

A\lit - tniCilN COZ My.
George T.. Shepard ~. Lewiston.
Brunswick * Hath #. Railway.
R,script BY Savag". j.
While the plaintim was crossing the
defendants street railway rack with
MS thrcshirg nachn" loaded On
heels one Of the. defendants street
cars cnllided with the rear end of the
plaintiffs load thereby causing the
load - fall upon the plaintiff whereby
h" sustained the personal injuries for
which he Sought to recover damages
in this action The defendant con-
tended among other things that the
plaintiff was guilty Of Contributory
negligence and could not recover for
that reason. The verdict was for the
defendant. Held: That the jury was
authorized by the evidence to find that
the plaintiff was guilty of C0utributo1y
Intelligence ana that the verdict cannot
be. st aside h.cHuS" the jury so found
After the trial il appeared that al
the time Of the trial, Mr. Barker the
foreman OF the jury. was in possession
of q blue book" of free tickets for
carriage on the defendants railroad.
The plaintiff claims that this fact was
not known To him at the time of the
trial but That it was known to III"
DEFENDANTS treasurer who was present
during TIL, trail. The facts appear to
be these. Mr.. Barker WAS one of the
trustees 81 the Maine Stat"
| Agricultural Society IN Lewiston. To
| thc grounds Of which on" Of tine de-
PENDANTS branches is extended. Tn"
Defendants directors voted +" i$sli"
blue books" to tin, secretary. treas
uycr ANA trustees Of tn" Society. ON
September III, 1905, clerk In the
unlc., az the dt f,.udantS treasurer
ISSUED the books. They We're sent I"
| the president of thu Sncitty. who gave
ON. to Mir Barker Mr.. Barker ttSti-
ned that he. us,,! th, book during tn"
| fam III Srpt,iuirr. 1905. ANA thii
after the fair h.. left 1t in tn vest hr
wug" ii The fair. whrr" II remained
Iuntil after thu trial Of this case. and
that at The trial he did not remember
| that IL. had the book Up 10 that time
| n,. had used it ninr times. After the
trial at the January term 1906. but
during the term. he used thr book
ltwitc The drf"nilntS treasurer
testified in substance. thar he lid not
know Nj. Barker before Tho triad hrd
his testimony fairly Implies that hr
did not then know that Mr.. Barker the
juror, ami Mr.. Barker. the trustee.
We're one ana the same person. Mi.
| barker was not drawn rs Il juror until
Iscveral months after he received the
book And il is expressly dis, Iaim"d
by the counsel for the plaintiff that IN"
hook was issued OF received with any
corrupt motive whatever. Held:
THAT the mere fact of the possession Of
the blue book" by a juror under the
circumstances stated is not fatal to
the verdict without proof aliunde that
the plaintiff was prejudiced thereby
land that there is no such proof in this
case.
Revised Statutes. Chapter 81. section
l04. provides as follOws:-"lf either
Iparty. in Il cause i'll which a verdict is
returned. during the same term Of the
court. before or after the trial. gives to
lany of the jurors who try the cause.
lany treat or Gratuity. or purpoScly in
ltroduccs among the papers delivered
Ito the jury when they retire with the
lCausc. any PAPERS which have any con-
Injection with it. hut We're rot offered i'll
adverse party may So aside the
verdict and order a now trial" This
statute is mainly in ahirmanc" of the
Common law powers of the court. and
is pcrmissivc only 1t is expressive of
tho strong purpoS" of the law making
body that liti-ants shall hay" jurors
free from all improper Influences.
But We're il mandatory. it is difficult
Ia see how it could apply to this ease.
It has reference to the misconduct of
: parties during the term of court. and
not to acts. innocent in themselves
! which occurred months before the
! term
Both motions for a new trial over
ruled
Reed Sept. 2lst. 1906.