Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-29
Jury Returns Verdict Of
$500 for Robbins
In the $4,000 Damage Suit
Against l., A. & ". ST. Ry.
Guarantee Case Involving Oakland
Wooden Co. Accounts on Trial.

1t took the Jury just an hOur tt
reach verdict in the $4,000 persona
| damage action brought by Osceolal
Robbins of HallOwell against the Lew
iston, Augusta & Waterville ST. Ry.
which has been on trial since Monday
in the Kennebec county supreme judi
cial court The jury assessed damages
in the sum of $500 and the case will
go to the law court on defendants eX-
certion and motion for a new trial
The case went to the jury at 2.55 p
M. and the remainder of the afternoon
was devoted to the trial of the guar
antee case of William Barnet & Sons
of Albany, N. Y, against William Z
Haines of Waterville, involving the
alleged guarantee of certain accounts
of the Oakland Wooden Co. by Mr.
Haines The case was taken from the
jury after the evidence on both sides
was presented and will go to the law
court on report.
Or. Charles Witherlee of Portland
was recalled by the defence at the
opening of the Thursday forenoon ses>
sion of the supreme judicial court In
the personal damage action of Robbins
VS.. Lewiston, Augusta & Waterville St
Ry. DR. Witherlee testified that his OBJ
servation of the plaintiff through three
attacks had convinced him that the at
lacks were not epleptic in their ma
ture. Robbins condition was not sutfl-
GENTLY serious to preclude recovery,
but he should not hope for it within
three years. Witness testified on cross
,,,,ip inr, I,.,+ fl,n of t1n
time of the accident indicated concus-
sions of the brain. Three years was
the minimum time in which he would
hope for recovery.
Lewis M. Cleaves of East Winthrop
testified that ne was an employe of
the L.. A. e w. ST. Ry. and was in
charge of the sub-station at East Win
rhrop from 2.30 P. NJ. until the cars
were all in at night. Witness did not
remember that he had received any
complaint from Mr.. Taylor because he
had shut off the power at the sub
station at the order of Mr.. Taylor's son
Merton. Did not remember that Mr.
Taylor had given him orders never to
shut down the power at the sub-station
except in case of accident. Cars run
ming down hill with the power on
might cause a temporary shut off at
the power station. Witness stated on
cross-eXamination that he had received
complaints in regard to fast driving
by Merton Taylor.
Leander F. Taylor, superintendent of
the Augusta division of the L., A. &
w. st. Ry. on being recalled, testified
in response to inquiry by counsel for
the plaintiff that the pay received by
Mr.. Robbins was 1sk cents an hour.
The testimony was completed al
1915. The closing arguments of coun-
sci were confined to an hour and a
quarter each. There was no controversy Y
between counsel as to the negligence
of Taylor and Sanborn in going into
the block and the points argued were
whether the defendant corporate
was negligent in the employment of
Merton l.. Taylor and Dana Sanborn
as motorman and conductor and the
question of damages. Hon. Herbert M
Heath in closing for the defence ar
gued that Superintendent Taylor was
perfectly justified in the hiring of both
Taylor and SanbOrn. Judge Benedict
F. Maher in his closing arguments for
the PLAINTIFF commended that the atten-
ton OF Supt. Taylor had been repeated
ly called to alleged acts of disobedience
of orders and recklessness on the part
of Merton Taylor and that the amount
of damage awarded should include
compensation for loss of time and pair
and suffering sustained.