Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-08

Aat the opening of the supreme jul
dicial court Monday morning on motion
of Robert HallOwell Gardiner, ST..
Robert Haliowell Gardiner. Jr, of Bos-
ton and Gardiner was admitted to the
practice of law in this State.
The first case TO be opened before a
Jury was that of Ralph T.. O'Connor
through his next friend. his father,
Robert a. O'Connor, of Augusta versus
the Lewiston, Augusta & WaterVille
Street Railway Go. This is an action
with the ad daninIln placed at $1,000. To
recover for personal injuries, caused
by being run down by ear operated
by tie defendant company OIL May 20.
1909 while attemTting to cross Bangor
street in Augusta The plaintiffs writ
alleges that The was severely bruised
and injured and has ever since been
lame and is likely TO be affected with
permanent lamencss."
Joseph Williamson and Ernest i. Nc
Lean appeared as counsel for the plain
tiff and Heath & Andrews for the de-
PENDANT corporation.
The case was heard before a drawn
Jury as fellows: George "A. COlburn,
foreman, Augusta; Arthur II. Tracey.
Watcrvillc: Frank McGulgin. Chelsea
Henry w. Roundy. Benton; Fred Beck.
Augusta; T.. c. Gctchcll, Vassalboro;
Napoleon Lamt crt. Waterville; An
drew r. Patterson. Litchfield Rudolph
Dostie, Augusta: J. Howard Welch.
Watcrville; O. c. True. Monmouth;
Lucius S. Cony, Augusta.
After the opening by Attorney Nc
Lean for the plaintiff 4. G. Reynolds.
| a civil engineer, by means Of man,
pointed out to the jury the location of
the electric railway system as to the
road or street
| Mrs. Robert \. OConnor of Augusta.
| the mother of Ralph O'ConOr. who was
| injured, was called to the stand. She
testified that at the time Of the acci-
dent she was living on Bangor street.
On the afternoon Of the accident the
witness was comhing her hair. she
| looked out Of the window and saw ner
little girl beside the track and the lit
| tie boy in the middle of the track.
At that time the boy was 21@ years
old The boy had a bad bruise on the
| left hip and for quite while he could
not put his left leg on the floor with
ease. especially in the morning. The
boys sister cannot hear
On cross-eXamination the witness
testified that she saw the pilot or some
part of the car strike her child while
the child was in the act of crawling or
creeping acros sthe track.
Robert A. O'Connor, the father of the
| injured boy, testified that on the night
l,r, Fn,,n1 tho how
his arrival home lying on his right side
| OH a couch. He noticed after the acct
dent that tie boy dragged his left leg
| and the boy complained of that leg
now.
Miss Florence NJ Chambers of AL
gusta testified that she was at Mrs.
O'Connors house on the day of the ac-
cident. Mrs. O'Connor heard the
rumbling of the car and she thought
Of the children She did not see the
car strike the boy The child was in
jured in the left hip.
Mrs. Abbie f. Millikcn Of Augusta testi-
| fed that she lived near Mr.. and Mrs
O'Connor at one time and she noticed
| that the boy walked lame, although She
did not know until she mentioned the fact
| to the mother that the boy had been
struck by trolley car.
At this junctmre the jury returned and
Attorney Heath asked for non-suit on
the ground that the mother was negligent
| in allowing the child to be out on that
street and that the case was absolutely
lacking in showing any negligence on the
part of the defendant
Attorney Williamson in opposing the
| non-suit contendcd that the motorman did
not slacken the speed of the car. The
court ordered non-suit in the case
The case of Thurston versus French
was settled by the entry Judgment Tor
the plaintiff for one cent and costs and
court adjourned until 230 o'clock.
The case of Herbert L. Wyman of
Litchfield against Alfred p. Berry OF
New York was opened at the afternoon
session before d drawn jury of which
Henry II. Eldridgc of Gardiner was fore
man. Guy A. Hildreth of Gardiner APP
peared for the plaintiff and Oliver t.
Clason and George W. IIeselton OF Car
diner for the defendant.
This is an action with the ad dalnnum
placed at $4,000 to recover for injuries
which required the amputation OF -FOUR
fingers and the partial amputation of the
thumb of the plaintiffs right hand. caus-
cd by their coming in contact with the
knives of a feed cutter while the plaintiff
was in the employ of the defendant. the
plaintiff claims that the machine was