Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-08
Law Court 0ver-ru|eS Ex-
ceptions to Charge
In Case Of Hume vs.. Fort
Halifax Power Co.
Plaintiff Was Seriously and Per-
manentIy Injured.

/ The law court handed down a re-
lscript Thursday drawn by Associate
Justice King, sustaining the verdict for
the plaintiff in the, Kennebec county
case of Hume vs. Fort Halifax Power
| Co. The plaintiff in this case was Sc
verely and permanently injured by
| frozen rock and dirt falling upon him
| while he was assisting in the con-
| struction of a dam and power plant
| for tho defendant corporation across
| the Sebasticook river at WinSloW The
| jury brought in Il verdict of $3.50 ana
| the case went to the law court on eX-
ceptions to the charge of the presiding
| Justice. The full text of the rescript is
| as follows:
William Franklin Hume VS.. Fort Hal
| flax Power Company.
Rescript, King, j.
| This case is before the law court on
defendants exceptions and motion for
a new trial.
In prosecuting the work of construct
| ing dam and power plant across the
| Sebasticook river at Winslow the de-
PENDANT excavated a large quantity of
slate rock and dirt which it deposited
|
| in a pile some u to Is feet high and
extending from the shore out into the
river SIS to 100 feet. Shortly before
| February q, 1908, the defendant be-
gan removing this pile. At that time it's
| top and sides were frozen, forming a
thick crust which had to be broken
down and picked in pieces to facilitate
| it's being loaded on teams and bar
| rows. Blasts with dynamite were made
frequently to break this crust and dis
lodge overilanging portions of 1t. ON
Feb. 26, 1908, the plaintiff was employed
by the defendants superintendent to
assist in this work, and was directed
to report for duty to the foreman. He
worked the afternoon of that day near
the shore end of the pile. The next
forenoon. being stormy. he did not
work. but joined the crew When the
hStle blew after the noon hour ana
in a few minutes thereafter. while at
work with his pick axe at the bottom
of the slope Of the pile, and at point
about tWo-thirds of the length of the
pile from the shore, Il large piece OIL the
frozen rock and dirt fell from the top
of the pile, killing one man, Mr.. flld-
den, and entirely buryinG the plaintiE
beneath it, causing Him the injuries
for which he brings this action.
There was a crack on the top OF the
pile. which one witness described as
from two to three inches wide" and
"proIably 10 feet or such matter
long, and described by another witness
as "a crack perhaps three-fourth$ OF
an inch wide in some places and il
or is feet long"
During the forenoon of the day OF
the accident it showed the weather
being soft and warm, and as the work
progressed the rock and dirt We're
worked out from under the crust 1eaV-
ing an overhanging mass at the top
above the place of the accident. Dur
ig that forenoon an attempt was mad"
to prv off and dislodge this mass from
the top with bars. Failing in this TIL"
foreman decided to blast it off with dy-
namitc. and during the noon hour he
and Cfldden drilled two holes up un-
Gerneath the Overhang and were filling
the first hole with dynamite when tho
whistle blew and the crew came out
to work. While they were preparing to
load the other hole the mass fell sud
denly with the sad results stated. .
The plaintiff claimed that his njIfies
were caused by the negligence 9f@Iht
Edefendant in placing him at WorlSIHal
iunsafe place. and in not Informing in