Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-27
LaWCouTt Decides Against
the l., B. & B, Railway
In Action For Damages Re-
ceived While on Car.
No contributory Negligence In
Person Changing Seats.

Bangor. Me-, Feb. 26-The following
will lie of much interest, not only to
members of the legal profession but to
all who ride on the street cars, as ac-
cidents such as the one upon which
this action was brought are frequent
during the summer when open cars arr.
crowded and passengers frequently
move from one seat tn another or ride
upon the running board OF tha cars:
Clara w. Cammeron. Admx vs.. Lewis
ton. Brunswick and Bath Street Rail
way
Isescript, Spear, j.
This case involves an action for dam
ages by the plaintiff, as adminstra-
triE, for injuries received ny her hus-
band while riding as passenger upon
the defendants car. on lower Wash
inGton street in the City Of Bath. al
lcScd to have been caused by The &c
PENDANTS negligence.
The facts show that the plaintiffs
intestate boarded an open car going
northcrly- toward Bath in the early
tile rear seats. He sat for Il minute
or SO, then. while the car was in mo-
lion. stepped IL the running board IN
tho pole SIDE Of the car. for the an-
parent purpose Of taking Il scat nearer
the front. In so doing ne was struck
by trolley pole and Was 50 injured
that ne died in II days. The seeating
capacity Of the car was ~ There were
fro 70
side OF the pole forward the track was
." 81 inches from the east rail 1T the
ground. 1t leaned toward the track 80
that six feet up it was Is - inches 80
a point vertically above the east sid
of the cast rail, that is. the pol" leaned
two inches in six feet The CIR was
seven feet. nine inches wide, the run
ming board eight and one-haii' inches
wide. 16 II inches from the cround
ana 10 inches below the floor IF tho
ear 1t was three ana onc-haii inches
from the running board to the pole At
Il distance Of five AND one-hHLf feAt
above the running hoard it was eight
ana one-hut inches from the grab
handle to the pole. As thu handle
projected outward from the side Of
the car three and one-half inches. il
was exactly one foot from Ithc side Of
the car between the grab Handles and
tie polo five and one half feet above the
running board. The decedcnt was about
five feet and one-half in height and
weighed about $50 pounds. The car
was going at a reasonable rate o.
speed. Tho track is laid on the east
cry side of the street. the highway
travel being westerly Of the track.
The lrcedcut had livcl for several
years but Ii short distance from the
trolley pole by which he was injured
and consequently rode past il on tile
car to the city
There is 50 little conflict between tic
testimony of The plaintiff and the de-
t"ndant with respect 70 the above
statement Of facts that, for the pur-
pose OF consideration IN this case. they
may be regarded as undiSputed. In fl
Vj.r o1 4 verdict the court will sustain
every Inference Of fact that can be de
dlcCd from the evidence. when con-
Si6ercG in the light most favorable to
the contention ii the winning PARTY.
in addition to the conceded facts
the jar: were also authorized TO find
from the evidence that the Plaintiffs
intestate, in attempting to move from
one scat i'm the car to another. was
standin. erect upon the running: board
when struck by the pole. and in all
CONTINUED on Page Nine j.