Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-23

ing to show that the distance from the
saw to the post on the left was only
two or three inches, that four or five
inches at the right of the saw was an
additional post firmly set in the ground
and extending above the table placed
there to serve this very purpose and
also that guides or guards were at
tached to serve this very purpose, and
one at the left of the saw extending
from post to post, being a timber four
inches square, and the one at the right,
from post to post plank two by SIX
set on edge.
The jury found for the plaintiff upon
this as upon all other issues and their
verdict the defendant asks to be set
aside. Held: first, that it is unneces-
sary to discuss the question of de-
PENDANTS failure Of duty, the evidence
on this point being voluminous, and
the plaintiff admitting that the exis-
tence Of the extra post and guards
would render the machine reasonably
safe and the defendant admitting that
their absence would constitute negli-
gence Second, that the fatal defect
in the PLANTERS case in his own as
sumption of the risk if it existed.
The danger was not concealed or
hidden. 1t was obvious as soon as the
plaintiff began to operate. He admits
that he felt the tendency to draw. He
saw the lack Of protection, and with
his experience he must or at least
should have known the risk attendant
upon the saving of q stick resting
against only one support. The plain
tiff was a man thirty years of age, of
Intelligence and Of some experience
with circular saws. He was the own
er of a portable saw mill and had him.
self operated it six weeks or more dur
ing the winter previous, and in that
time must have learned it's traits
While that worked on a somewhat
different plan from this, yet the differ
ence and it's effects must have been
plain to him. He had asked for no
instructions before beginning work
and apparently needed none He be-
gan and continued the work without
protest or objection, confident of his
own knowledge and experience. There
is evidence that he even showed i'm
patience when cautioned more than
once by the foreman not to jump the
saw and not to keep his left hand up
on the log. -a
u = "When one enters into the service of
another, by virtue OF the employment
he assumes the risk of all obvious and
apparent dangers which are incident
to the business, and of all which, by
the exercise Of reasonable care, one Of
his age, care and experience ought to
know and appreciate. He. also assumes
'the risks of all dangers, Of which he
knows and which he should appreciate
or not" .. /.
Babb VS.. Paper Co. 80 Maine, 293
See also Mundle VS.. Mfg. Co. &c Maine,
400. The application of this firmly
established principle to the case at bar
precludes recovery. Motion sustained.
Verdict set aside. III.
The hearing on the bill in equity
brought by Anna X. Gilman of Brook
lyn, N. Y, through her guardian,
Franzrie Gilman, against Charles T.
Haviland of New York, has been post
poned until the first Tuesday of May
and will be heard before Associate
Justice William Penn Whitehouse.
The allegations in the bill make
oIOly VI IIIClCSI SlIClSHllI5 ONcl a.
period of years. According to the
bill, Anna K. Gilman, who formerly
resided at Waterville, became insane
and was so adjudged in the supreme
court for the state of New York and
her brother, Frazier Gilman, was APP
pointed as her guardian. In June 1903,
Frazier Gilman was appointed as her
guardian in the State of Maine.
The bill alleges fraud on the part of
the defendant in taking advantage of
an insane person and asking that
the deeds of property be declared void
by the courts and that an accounting
be made of certain rents on tine real
estate in question.
Haviland was formerly attorney
for Miss Gilman and he sold some
property at Waterville and Oakland to
satisfy his judgment for legal SER
vices. The bill alleges that the proper
ty which the defendant secured so
cheaply was worth in the neighbor-
hood Of $4,000 and that since the maxi
ing of the sheriff's deeds the defendant
has had possession of the property and
all the profits attendant to the owner
ship.
for many years prior to this sale of
unsound mind and incapable Of manag-
ing her own affairs. The continuous
litigation threw her in state of vio-
lent excitement so that she suffered
from the delusion that she was being
hunted by those who would prosecute
her. Under this delusion she disap-
peared from Brooklyn and nothing
could be learned of her whereabouts for
several years until she was finally
discovered in an insane asylum in
London, England.
The bill states that Haviland had
full knowledge of this when he brought
the action against Miss Gilman. No
guard ad Item was appointed to
guard her interests. 1t is further
claimed that there was no representa-
tive of Miss Gilman's at the sheriffs
sale.
Hon. Charles F. Johnson of Water
Vile appears as counsel for the plain
tiff.
Announcement is made that the
in If ha