Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-12-15
Several Kennebec County
Cases Argued Monday.
Rescfipt Handed Down in In
poTtant Hancock County Case.
Knox and Lincoln County Case:
will Be Argued tuesday.

OF the city in attendance at the session
Monday were John E. Nelson. f. w
Clair, Dana P. Foster, Frank f
Brown, Norman X. Fuller of Water
Vile; George w. Heselton and Guy A
Iiildrcth OF Gardiner; George E. Foge
and Philip G. Clifford Of Portland. AS
sjstant Attorney General Warren c.
Philbrook OF Waterville was in at
tendance IN expectation that the Knox
county cases would be reached later
III the day, the case in which he was
particularly interested being that 0
| the Rockland Italian murder case o
State vs. Domenico Teti which wa:
| first tried at the April term of 1907 o
the Knox county supreme judicial
court, and was continued from th'
December term of law court in 1907
| on account of no one appearing fo'
Teti County Attorney Philip Howard
| and Attorneys l.. NJ. staples Of Wash
| ington, A. s. Littlefield OF Rocklln(
and Job H. Montgomery of Camden
were also present from Knox.
| TIL first Kennebec county case to b.
called was that of Arthur B. Collier VS..
| Oakland Wooden Co. This case was ar
action for damages. The plaintiff, who
| is left handed, had his right arm man
eled to the shoulder in burr picker in
the defendants wooden mill at Oakland
| The case was tried at the October tern
| Of the Kennebec county supreme court
| Of 1907, and the jury returned YER
dict of $723333 for the plaintiff. The
case was taken to the law court uDor
Exceptions of the defendant for a new
trial on the question of liability, the
defendant arguing that the plaintiff
vas injured by his own negligence OF
thOughtless inattention, and that ne
should have been aware of the dan ser
| connected with the operation of the
machine Forrest Goodwin of Skowhe-
an for plaintiff and John r N'ls''r u
| Watcryillc for the defendant.
The next case Vas thnt "f W $
@hilbrick VS.. the Inhabitants of Wesi
Gardiner This was an action for dam
ges, where Philbrick claimed that h
cccved an injury in September, 1907
n account of the street commissions,
If West Gardiner leaving in the roa(
| our horses that We're feeding be: idt
| road machine. The case was tried a
he March term Of 1868 of the kennc5et
| ounty supreme court. at which q Yer
| Icu N1S ft!lttitu lol tiit pidiiitiii V
| s5S.12 IThe case comes to the law
| curt ,,on motion for new trial ;;nt
'xceptions on the part of the defend
| mt, on the ground that the road ma
hine and horses were temporarily II
he road and that the plaintiff say
| hem and could have guarded agains
| he accident but failed to do so ant
| vas guilty of contributory negligence
George w. Heselton for Philbrick ant
Heath & Andrews and Goddard fol
| West Gardiner.
George H. Chadwick of New York
, | executor, VS.. A. c. Stilphen Of Farm
ngd ale This case came up on plain
tif's exceptions from a ruling of Judge
Spear at the October term, 1907. o
Kennebec county supreme court II
which he adjudged the defendants
,, place in abatement good, overruled the
,. plaintiffs demurrer and ordered the
plaintiffs writ quashed. Williamson &
Burleigh of Augusta for plaintiff, A. Z
Stilphen for defendant. f. l.. McLair
argued the case representing William
son & Burleigh and created a very IA
vorable impression.
E. A. Strout Co. Of Augusta VS.
Dais; e Gay. This is a suit on rea
estate contract over a withdrawal zee
The case was tried at the Septembe
term of the Kennebec county Suprem
court and comes upon exceptions ans
motion for new trial of the defendant
Williamson & Rureigh for Strout an
Foeg ard Clifford for Gay.
The Knox and Lincoln county case
win be heard at 10 A. NJ. Tuesday eX
cept the pauper case of City Of Rock
land VS.. Deer Isle which was argue
! in writing or account Of the absenc
t of Elmer p. Spofford of Deer Isle, at
II torney for the inhabitants of tina
! town. This is a case to decide the pau
per residence Of Samuel Robbins. In tn
case of Frances E. Hurley, appellant
: VS. South Thoma ston, Attorney D. \
: Mortland, counsel for Hurley. submit
: ted his argument in writing. but A.
I,ittlefield counsel for the town
South Thoma ston, will argue orally t'
day. This is a case in which the plalr
tiff petitioned to the selectmen
: South Thomaston for damages cause
- nv the raising of the grade of TT
highway in front of her premises b
the Rockland. South Thomaston
. Owls Head Railway, with the allege
consent of the town officers. The selec
men refused to grant the petition ar
thecase was heard in the Septemb
term Of 1908 Of the Knox county 81
nreme court and damages awardt
Hurley. The case comes up on defen'
~ ants exceptions.