Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-04
On Trial Before Drawn
Jury in Supreme Court,
Damage Suit Growing Out Of
Oud|ey's Crossing Collision.
Jury Views Scene Of Accident.
I'm portantTestimony.

The entire day Wednesday in the
supreme court was taken up with the
presentation OF the plaintiffs side OF
the case in the $4,000 personal damage
suit OF James @. Stewart of Winthrop
and Boston against the Lewiston, Au
guSta & Waterville Street Railway
The plaintiffs side of the case was
opened by Attorney f.. NJ. Thompson
OF Augusta when court came in
Wednesday morning and following the
opening the jury went to Winthrop
Center to view the scene Of the COLI
sion in which Mr.. Stewart was in
jurcd The entire afternoon session
was taken up with the presentation of
testimony for the plaintiff. Several
more witnesses remained to be exam
ined on the plaintiffs side of the case
when court adjourned Wednesday af-
ternoon. Attorney Thomas J. Lynch,
one of the directors of the Lewiston,
Augusta & Waterville Street Railway,
and Leander f. TAYLOR. superintend-
ent Of the Augusta division, were pres
ent during the taking out Of the tes-
tilnony at the afternoon session.
The personal damage action of
James O. Stewart of Augusta against
the Lewiston, Augusta 4. Waterville
st. Ry. went on trial at the opening
of the Kennehec county supreme judi
cial court Wednesday morning before
a drawn jury with f. r. Anderson of
HalloWtll as foreman Felix Andetto
of Wattrville and ]. F. GirouX of Wa
terVille We're challenged by the defense
and their places on the Panel taken
by George \. Prescott and G. f.. Pierce
OF Augusta. The action grows out of
an accident at Dudlcy's crossing, Win
throp, oct Is. 1908. in which an cleo
trio car OF the defendant corporation
colided with a team in which the
plaintiff and a companion, Harold f.
Martin of Winthrop Center We're md
ing. Martin was killed and the plain
tiff sustained 4 fractured thigh and
bruises and wounds about the head
and face, resulting. it is claimed, i'll
the loss of sight Of one eye. The ad
damnum is placed at $4,000. +. M.
Thompson Of Augusta and II. f. Eos
ter of Winthrop appear for the PLAIN
tiff and Hon. Herbert NJ. Heath of Au-
gusta for the defendant corporation.
Attorney Thompson in opening the
case for the plaintiff claimed neglect
in the management and control of the
car by the defendant. The jury at
1880 went to the scene OF the accident
by a special electric car leaving on
State. street from the front of the
Court House.
The first witness called by the plain
tiff was Archie e. Norcross OF Angus
ia, civil engineer, who testified TO pre-
pairing plans Of the scene of the accl-
dent for Coroner Plummer at the in
quest upon the death Of Harold Z.
Martin, who was killed in the same
accident IN which the plaintiff was in
iurcd. Witness explained in some de
tai the plan and measurements taken
for Mr.. Plummer and other measure
ments recently taken at the request OF
Attorney Thompson.
Dana II. Dudley of Winthrop Center
testified that he had always lived in
the neighborhOod of Dudley'S Crossing.
Witness knew Harold f. Martin. Mr..
Martin was accustomed to have his
horses shod at the blacksmith shop at
Dudley's Crossing. The shop was quite
gathering place on rainy days. Wit
ness stated that he was at home oct.
10, 1908, at the time of the accident
in which Mr.. Martin was killed and
Mr.. Stewart injured. Fred Jackson.
now deceased, and William Ballard of
Manchester were also there. The at
tention of witness was called to the
collision by Mr.. Ballard and witness
saw the car just as it struck the team.
When witness reached the scene he
saw man lying on the track. Did not
recognize the man at first but on closer
examination found it to be Harold
Martin. Mr.. Stewart was near at hand,
covered with blood and unconscious
After the doctors arrived Stewart was
taken to the hospital. The wagon was