Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-18
SUPERIOR COURT.
June Term At Waterville-Judge 0. G.
Hall Presiding.
Waterville, June Il, 100

| WaterNllle, June Il, lSU'.
| No. 224. Cephas NJ. Rolph, of Ben
| ton vs. Sebasticook Water Power Co.
Geo. G. Weeks for plaintiff, p. a.
| Smith for defendants.
| This is an action on the case, the
| plaintiff asking for damages in the
sum of $500 for injury to his meadow,
| caused, as he claims, by the breaking
Of a dyke, or wing, Of dam of the de-
| PENDANTS.
The plaintiffs story is as follows:
He was a railroad man for several
years working in different capacities.
Nine years ago he purchased a farm
near Benton. This farm bordered the
river, but was mostly high land, with
the exception of about l. acres of in
tervae. AT the time of the purchase
and up to 1904 this intervale was free
from Swale, and water, the intervale
being divided by a raVine. Various
crops We're raised in 1902; corn, beans,
etc In the fall of 1903 the larger part
of the intervale was seeded down, and
at that time he dressed the land heavi-
IT, That same fall the Sebasticook
Water Power Co. built a dyke on the
north part of the intervale. This dyke,
or wing, the plaintiff claims, was
negligently constructed. frozen earth
being used The dyke stood through
the winter, but when the spring rise
of water came the dyke burst and let
the water OH to the meadow, the flow
of water continuing tive or three
weeks. When the water finally sub
sided it was found that at the north
east corner a slough had been made
and there was a flow Of water across
the meadow to the ravine making up
from the river. There was another
slough hole in the northwest corner.
Above this piece of meadow, on Mr..
Spencer's land, there was a well de-
fined brook. through which water ran
freely and runs in a considerably large
volume in the spring and in wet sea-
sons 1t was also claimed that the
land was injured by the water soaking
through it, and that the crops were
injured, and that there were places
where they could not get on to cut the
hay.
The first witness called was John H.
Burleigh, civil engineer Of Waterville
Mr.. Burleigh presented a plan of the
tract of land and explained the condi-
ton of the land when he saw it, Then
the plaintiff told his story. He was
followed by Eli Brown, of Clinton.
Mr.. Brown formerly lived in Benton,
and near the land in question. and had
cut the hay on the meadow for the
plaintiff. He stated that the land was
then comparatively level, and no
slough holes in it. Joseph Spencer,
whose land adjOins the land Of the
plaintiff, was the next witness. He
owned the land on which the dyke was
built. He described the dyke the time
1t was built, and the condition of tie
plaintiffs land. The last witness was
Oscar Monk of Benton. He said he
had cut the hay on the meadow the
season of 1905. He described the con-
dition of the land at that time.
In opening for the defence Mr.. Smith |
claimed that little or no damage had
been done to the lanI of the plaintiff. |
and he Informed the court that he |
should ask for view by the jury. He |
was told by the court that the neces-
sity for n view could be better deter |
mined later. j. c. w. Pulsifer OF Ben |
ton, then took the stand for the de-
PENDANTS. In his opinion but little |
damage had resulted from the break |
ing of the dyke. After this witness |
left the stand the court ordered a view
OF the premises, and the jury took the |
4.30 car for Benton.
Adjourned until o'clock tomorrow
morning