Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-11
LAW COURT DECISIONS.
Rescripts Handed Down In Aroostook'
Ponobscot and Waldo Cases.


| received from the law court:
Annie Pomroy VS.. the Bangor &
| Aroostook Railroad Co. Rescript, Pea
body, J.
Action on the case to recover DAM
ages for personal injuries received by
the plaintiff while alighting from
railroad car of the defendant.
The jury rendered a verdict for the
plaintiff for $4,000; and the case is be-
fore the law court on the defendants
motion for new trial.
The relation Of passengers and COM
mon carrier Of passengers existed at
| the time of the accident
The law requires that the passenger
should exercise such care as persons
of ordinary prudence and intelligence
| would exercise under the same circum-
stances; and the duty Of the common
| carrier of passengers is to do all that
human vigilance and foresight can, I'M
| der the circumstances, considering the
| character and mode of conveyance, to
| prevent accidents to passengers, or
what is equivalent, to use ordinary
are under the circumstances. This
care of the carrier of passengers is to
be exercised at all times when and at
lation of passengers and carrier wheth-
or during transit, at the stations, upon
| platforms, or in waiting rooms.
short time previous to the date of
the accident the defendants station
| buildings at Sherman or Patten juno
| ton were destroyed by fire, and no
| waiting room had been completed, SO
as to be used by the public. On the
west side of the long platform between
the tracks car had been left for the
accommodation of passengers, to be
temporarily used as a waiting room:
and passengers coming from Patten to
Sherman were allowed to wait in the
| passenger car on which they came, I'M
til ready to take the train going north
to Houlton, or south to Bangor.
The evidence is conflicting as to con-
versatiOns between the plaintiff and the
conductor and baggage master, relating
to the car used for the Patten pas
sengers as to whether it was in motion
when she attempted to alight, and as to
the direct cause and manner of her
falling upon the platform. The evil
dence of the plaintiff, if substantially
correct, sustains, prima facie, the prop
oSitions that she received injuries to
which no negligence on her part con-
| trlbuted and that her injuries were
caused by the negligence of the defend
| ant. In the absence of notice or warn
ing she had the right TO assume that
| the car which was used as q temporary
waiting room would remain stationary
until after the arrival of the train for
| HDulton; and if there was occasion or
necessity for moving the car the
| omission on the part of the servants OF
the company to notify a passenger
would be negligence; and even if the
testimony introduced by the defendant
is substantially correct it constitutes
no such pre- pOnderance of evidence as
| manfcstly to show that the verdict Of
the Jury was unwarranted.
| The defendants claim in support of
the motion, that the damages were cX-
| CcSSivC seems to have merit. 1t APP
pears from n careful analysis of the
| evidence that the jury must have eS-
! timated the damages returned by their
verdict upon the assumption that pre-
viouS to the accident the plaintiff had
| always been in perfect health, but the
testimony which tends to prove this is
disc rrditcd by tho result of the physical
| examinations Of the plaintiff by pro-
f ssional Witnesses called upon by her
|
dent that She had been previously suf-
| fcrnG from complication OF physical
troubles which would partially account
for the pain, nausea and nervous con-
dition to which since the accident she
has been subject.
The motion is sustained. unless the
plaintiff within 80 days after the re
| script is filed. RENTS from the amount
of the verdict all above 5000.
| Herbert r. knowlton VS.. Martin G..
| Black; Waldo county. Rcscript, Emery,
&. J.
| T. When it is not stipulated in Il pol
icy of fire insurance that the insurance
shall be payable to n mort gagee, the
mortgage asquires no Hen on such
policy until and unless che files with
| the secretary Of the insurance company
a written notice. briefly describing his
! mortgage, the estate conveyed there
by, and the sum remaining unpaid
| thereon Il. S. Oh. 40. Sec. "a.
| II. If such lien he thus acquired and
tho mortgagor does not consent in
writing that the insurance shall be
paid to the MORTGAGE, The lien is lost
unless the MORTGAGE, within go days
after the loss enforccs the lien by q
| suit dHsllISI lIlt Ilbl SftSpi anu ''0''i'''-
the insurance company as his trustee.
II. S. Oh 40, Sec. So.
III. If, when no such lien exists and
; the morris agor has collected the insur-
ancc, he offers it or part Of it to the
mortgage in full discharge OF the
mortgage debt, and it is so accepted
hv tho mortcag debt is thereby fully
: discharged. though the sum paid was
much less than the amount due on the
mortgage. r. S. Oh. 81 Sec. -. applies
td demands undisputed as VOL as tn
: demands disputed. Motion ovcrruled.
Judgment on tho verdict.
Vincent G. Moore VS.. George w
y Worster: Pcnohscot county. Rescript
pcr curtain Judgment on tho verdict
: East Eddineton Grange.
; The regular meeting Of East EddinE-
ton Grange was called to order by
Worthy Master Harry Davis. After