Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-10
Knox County.

SOclate Justice william +. w nltehOuSe
and are as follows:
Knox County.
William F. Beveridse vs. Inha bitants of
Roclport. Rescript, Whitehouse, ].
In this action the plaintiff obtained
verdict of $9SS for personal injuries re-
ceived by him on the evening of August
is, 1907, while he was travelling along the
highway leading from Rockport village
to Simonton in the town of Rockport. He
claims that the injuries We're caused by
collision of his wagon with a guy wire
employed by the defendant to support
derrick which was in use at that point in
the highway but unguarded by a light or
other warning.
The defendants counsel seasonably OBJ
jected to the plaintiffs IA days notice on
on the ground of its insutficiency and
contended that it was defective with re-
spect to all of the purposes for which
such a notice is required. The presiding
justice admitted the notice subject to the
objection and the cause comes to this
court on exceptions to this ruling and up
on a motion to set aside the verdict as
against the evidence and on account of
newly discovered evidence relating to the
question of damages The manifest pur-
pose of this requirement of IA days no.
tice lis to afford opportunity to the town
officers to examine the place. ascertain
facts. while the recollection is fresh, all
the attendin circumstances, and deter
mine as to the liability of the town, and
prepare its defence if the town decides to
Defend In view of the limited time
within which these notices must be
served and the fact that they are often
necessarily prepared without the aid of a
professional craftsman their construction
should not be 'strangled by technicalities
nor distorted by captious criticism,' but
full effect should be given to their natural
and obvious meaning.
This notice states that the plaintiff was
injured ION the highway leading from
Rockport to Simonton's Corner-at q
point near the turn on the eastern side
of Melvin BRIDGE and that the injury
was caused by a collision with the guy
Wire of a derrick there being used in the
repair of the bridge. 1t is true that
there We're two highways either of whichs
might be used in travelling from Rock
port to Simonton's Corner, but reference
to the standing derrick definitely fixed
the location of the defect, there being no
other derrick on either road. 1t distin-,
guished the highway on which the OBJ
struction was located as clearly as in
Hignett VS.. Norridgewock, 105 Maine, 1S9,
the large "hole in the Travelled part of the
road distinguished the middle culvert
from the northerly culvert.
The notice states that the Injury con-
sisted of facial bruises and internal in
juries, the extent of which cannot be as
certained at this time
But it appears from the testimony Of
the surgeon that in addition to the facial
bruises" and internal injuries specified
in the plaintiffs IA days notice. there ex-
listed two separate and distinct injuries,
and sources of suffering and damage,
namely, the fracture of the ribs and the
severe injury to the right shoulder.
These specific injuries were not the re-
suits arising from the 'indefinite internal
injuries and should therefore have been
specified in the notice to authorize the
plaintiff to introduce evidence to prove
them and to entitle him to recover dam
ages for them. But the evidence relating
to the fracture of the ribs and injury to
the shoulder was all introduced without
objection by the defendants counsel. 1t