Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-06-05
Rescripts From
the Law Court.

The following rescripts have been
handed down from the law court.
Albert A. Young VS.. James e. Chan
der Rescript. Peabody, j.
This was an action of trespass to
personal property with a count also in
trovcr the writ being the same as in
Young VS.. Chandler, 1902 Maine, PSI.
The verdict of the jury was for the
defendant. The case is before this
court on motion by the plaintiff for
new trial and on exceptions to the
charge of the presiding justice.
The issues were peculiarly within
the province of the jury and the evil
dence shows no sufficient basis for in
terferrng with their conclusions.
In the decision of the court deter
mining questions involved in the first
trial it was held that the greenhouse
had become a Fart of the mortgage Sc
curity and by foreclosure the defend
ant became the owner by accession, as
there was no evidence of his consent
that it should remain personal proper
ty after annexation to the realty.
There being nothing in the evidence
at the second trial to change the le-
gal aspect of this title the presiding
justice properly instructed the jury to
leave the greenhouse out of consider
alton. and the plaintiffs exception to
this portion Of the charge cannot be
sustained.
The second exception relates to the
abandonment by the plaintiff of certain
property described in the writ The
evidence tended to show that while he
was removing portions of the green
house the defendant ordered him to de-
sist. calling attention at the same time
to an official badge he was wearing but
attempting no actual force There is
some doubt whether the act of the de-
PENDANT had reference to the day which
was Sunday, the particular property
which the plaintiff was then removing,
or whether it was general prohibi-
ton against removing any of the prop
rrty to which he claimed title, but it
appears thar he made no further at
tempt u remove any of the remaining
property. The presiding justice in
structed the jury in this connection
that the law requires men to use
reasonable amount of diligence and
hrmneSs in asserting rights to their
property Unless his action at
that time was that Of an ordinarily
and reasonably prudent man, a man of
ordinary courage and spirit in the as
SertIon of his property rights, ne could
not abandon his property under those
circumstances. and the property be al
lowed to so to decay and then recover
the value of it,
The presiding justice further said:
"Of course if the circumstances We're
such that he fo1esaw that a personal
encounter would result he would then
be justified in abandoning the property,
because no man is required to break
the law in order to enforce the law"
1t is apparent that the jury were not
misled by these instructions in conclud-
ing that the compost and a few of the
plants and other chattels which clear
ly belonged to the plaintiff We're in
tentionally abandoned by him and that
the defendant was not chargeable with
any violent act of dominion over them.
This applied to a very small part of
the property. upon which the plaintiff
POUNDS MS action.
In an action Of trespass as well as
an action of trover the wrongful act of
the defendant constitutes the gist of
the action. The verdict for the defend
'ihl therefore determines th1t he UlU
not commit the acts complained of.
The remaining exceptions relate to
damages and they need not be consid-
cred as the jury did not reach that
question.
Motion overruled
Exceptions overruled.
Kate A. Corners VS.. Inhabitants of
Whitefield Rescript
There being in this case subsisting
verdict and majority of the justices
after mature considerat ton not concur
ring in granting a new trial the mo-
ton for new trial must be overruled
and Judgment entered on the verdict.
Kate A. Corners VS. Inhabitants of
Whitefield Rescript.
The justices are of the opinion that
there is sufficient evidence in this case
10 sustain the verdict upon all the
points urged by the defendant and
hence the motion must be overruled,
and judgment ordered on the verdict.