Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-22
Between Assessors VAL
uation Of Property
And Ad Damnum Named by
American Ice Company
In $4,000 Suit Against South
Gardiner Lumber Co.

SCUM bdIuiHer LUMBER 20. was So-
timed in the superior court THURSDAY
and drew to the court room a large
number of spectators from Gardner
many of them being old ice men. Ih'
plaintiffs side of the testimony wa:
completed and number of the de-
ferdant's witnesses had been place.
upon the stand when court adjourned
Thursday afternoon. 1t will probabl!
take another day at least to complete
the case. This suit grows out OF tn
burning of buildings Of the Ameri
car Ice Co. at South Gardiner, which
the plaintiff alleges caught fire from
sparks from. the stack of the mill Of
the defendant corporation The fire
took place on the afternoon of JUNE
%, 1907. The testimony Thursday de-
veloyed a surprising difference between
the amount Of ad damnum named II
the suit and the valuation of the
American Ice Co. property as testified
to by the assessors of the city of Gar
diner and others.
The redirect examination of Lorine
c. Ballard of Gardiner, Maine, manage,
of the American Ice Co., was contn
ned Thursday morning at the resump-
ton of the taking of testimony in th'
100000 suit brought by the American
Ice Co, against the South Caroline
Lumber Co, to recover damages fol
the burning of an ice house owned b.
the plaintiff caused, SO the plaintiff
alleges by a spark from the defend
ants mill.
NTnt ball t,1f oil Nv
Attorney George w. Heselton of Gar
diner, counsel for the defense, in re
gard to the inventory of the propert.
Of the company contained In the ic
house which was burned.
Attorney Charles F. johnson of Wa
terville, counsel for the plaintiff, exam
med Manager Ballard in regard to the
replacement value of the property de
stroyed.
Attorney What would b
the replacement value of the tools an
machinery in the ice house,"
Man lger Ballard-"$11,2 33 w."
What would be the Replacement
value of the dwelling house, boaldin
house, blacksmith shop, work shop an
shedo"
"S4S46S1"
What would the. labor upon tn
buildings amount to-"
"$27S5."
'Hcw much would the total value
the ice property amounted to-"
''S60O56.3 80
Cross examined fy Attorney Hesel
ton Manager Ballard stated that tool
were shifted about from one ice hous
10 another so chat an inventory takel
in one month would not show the sam
tools at the various houses and an in
ventory taken at al1other time. Man
ager Ballard also admitted that he wa
aware of the increase in the price o
lumber since the building of the house
when he testified at the hearing befor
Commissioner johnson in 1906.
Samuel d. Soule, superintendent
the Gardiner water district called b.
the plaintiff introduced records of oh
servations taken by him June %, 1907
for the purpose Of showing the cond
ton of the wind at sunset on the da,
of the fire. The records showed tina
there was a southwest wind and tn
weather was dry. Attorney Heath
counsel for the defense brought out tn
fact that the pumping station wher
the observations were taken was 81,
miles away in the valley Of the Cobb os
SeecOntee.
d George w. Topham Of Fairfield was
the next witness called fy the pain
tiff. Mr.. Topham testified to being Ia,
engineer who had great deal of ex
perience in setting up engines in sa,
mills. Witness visited the mill CT the
South Gardiner Lumber Co. on tn,
previous day. The boilers We're three
with horizontal tubes. In his opinion
TIE stack was rot high enough 70
safety and there should have been a
sparker placed upon it. Cross exam
ined by Attorney Heath Engineer Top
ham was unable to give any fixed rul,
in regard to the height of stacks.
Isaiah king of Bath, an employer OF
the Eastern Steamship Co., who haC
AZ years experience in building boilers
was called but after it was discovered
that his experience was mostly with
steamboat boilers he was not allowed
to offer expert testimony in regard t.
the height of the stack consistent witt
safety.
Arson NJ. Goddard Of Augusta testi-
fed that he took a trip down the river
in his motor boat June %, 1907. He left
Gardiner at 4.i6 and the lower saw mill
at South Gardner at 515 o'clock in thu
afternoon. The wind at Gardiner at
4.S3 according to his log was so4thwes
blowing moderate. When witness wa:
about half a mile north of Richmond
Camp ground at $40 saw smoke from
large fire which then appeared to be
or the east side of the rived. Learne
the next day that it was on the west
side of the river. Witness had seer
wind cinders from the South Gardi-
ner Lumber Co. mill pass through the
air and fall into his boat on trips down
the river that Same summer.
A short recess was taken at the close
of the testimony for the plaintiff The
following additional jurors We're Their
sworn: @. r. True. Manchester; E. II
Anderson, Hallowell; Charles G. Don
dero, Chelsea; f. w. Lewis, Sidney
Andrew c. Halpin of Windsor, for
merly of Kansas city and member o.
the Missouri bar, was admitted to
practice at the kennebec bar and the
oath administered to him by Clerk OF
courts. C. W. Jones.
Attorney George w HeSelfon thar