Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-28
PiscataQuis and Somerset
Cases Are Argued.
Chief Justice Emery Delayed
In Arrival by Storm.
Justice Whitehouse as SeniorsAs.
sociate Sits in His Place.

The sessions of the December term
of the law court We're resumed Monday
forenoon and the greater part of the
day was occupied with the hearing of
PiscataQuis and Somerset cases. AS
Gociate Justice Whitehouse as the sem
ior associate sat during the forenoon
in the place of Chief Justice Emery,
who was unavoidably detained. AS
sociate Justice Cornish was also I'M
able to be present on account of the
death of relative and the other JUS
tees sitting were Justices Peabody.
Savage and King. Among the out OF
town attorneys in attendance were
Judge Encch Foster of Portland.
Charles f. johnson of Waterville,
George w. Cover of Skowhegan. John
w. Manson of Pittsiield, l.. l.. Walton
IF Skowhegan, Col. j. Is. Peaks Of
Dover. Henry Hudson of Guilford. f.
G. Ryder and Bartlett Brooks of Ban
gOr.
1t was decided owing to the absence
of several Of the regular sitting JUS
tees on Monday not to call the Ken
nebec case of Hotchkiss VS.. Bon Air
Coal & Iron Co. until Wednesday af-
ter the completion of the county dock
cts. The Piscataquis county cases
We're the first to be called up after
the assembling of the court at the
morning session.
The first case for argument was that
of Anette j. McAllister of Boston VS..
Dexter & Piscataquis Railroad Co
This is an action claiming dover in
a certain lot or parcel of land, situated
in Dover. conveyed to the Dexter
& Pscataquis Railroad Co. by
Frank B. McAllister of Dover,
June Is, 1889 for a gravel pit. The
defendant claims that the plaintiff and
Frank b. McA!lister We're never ac-
coupled together in lawful matrimony
and that the plaintiff has no right to
dover in the premises described in
the writ The plaintiff asserts that
she was lawfully married TO Frank b.
McAllister, Sept. %. 1855 and was dl-
Norced from him Oct. 8, 1891 for the
fault of said McAlliSter. The case was
tried at the September term of the
supreme court in Piscataquis county.
The presiding justice after the evil
dence was all in ruled that as n mat
ter of law the plaintiff was entitled
to dover in the premises described in
the writ and submitted the question
of damages to the jury. which brought
in a verdict for the plaintiff Of 500.
The case comes up on exceptions of
the defendant to this ruling. Bartlett
Brooks for the plaintiff: J. E. & F. G.
Peaks Of Dover for defendant.
Charles W. Hayes, judge of probate,
VS. Edgar NJ. Briggs of Lewiston. Cy-
rus I. Barker Of Lewiston and Charles
r. Stafford of Portland. This is an ac-
ton on an administrators bond, which
was filed and approved, June j. 1897.
The action is brought in the name of
the Judge of probate for the benefit Of
the estate of Orlando NJ. Briggs, de-
ceased, on the petition of Francis w.
Briggs. a grandson and heir of the
deceased The defendants filed de-
rnurrer to the original declaration and
this demurrer was sustained by the
presiding Justice The case comes up
on exceptions to this ruling. The
plaintiff contends that the amendment
passed by the Legislature in March
1908 did not so change the statute as
to deprive an interested party from
maintaining action, that the amend
ment did not apply to existing bonds,
and that if it did apply to existing
bonds it was unconstitutional. The de-
PENDANTS argue that the action brought
al ainst them cannot be sustained I'M
Ger Section IS of Chapter u of the Re-
viscd statutes under which it was
brought, and that the action should
have been brought, if at all, under
another statute. Hudson &, Hudson,
Manson &, Coolidge for plaintiff: Fred
Y. Matthews for Charles f. Stafford,
Foster & Foster for defendants, Ed
gar NJ Briggs, pro Sc.
Canadian Pacific Railway Co. in
equity VS.. Moosehead Telephone Co.
This is n bill in equity brought by the
plaintiff corporation to restrain the
defendant corporation from maintain
ing it's poles and wires upon the right
of vav of the plaintiff corporation. The
state Railroad Commissioners Nov. 2,
1904, granted the Moosehead Telephone
Co. the right to control, maintain and
operate upon the right of way of the
Pacific Railway between
Greenville Junction in the county of
and Holeb station in the
county of Somerset. The plaintiff cor
poration in the bill in equity alleges
that it has no adequate remedy at
law, and will suffer irreparable loss if
the defendant continues to maintain its
poles and wires or is permitted to erect
other poles and attach other wires
along and over its right of way. 1t is
admitted that the plaintiff objected to
the occupation of it's right of way and
cut down several poles which the de-
PENDANT had erected. The defendant
admits the maintenance of the poles
and wires on the right of way at the
date of the bill, but denies any threats
to erect other poles as alleged by the
plaintiff. and says that the plaintiff
has an adequate remedy at law. F.. c.
RYDER for plaintiff; Henry Hudson for
defendant.
Rut two Sagadahoc county cases,
both of them continued cases, We're on
the printed docket from that county.
Neither of the cases We're argued and
none of the attorneys from that county
were present at the law court session.
rLo 6rSt Somerset comfy case to be