Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-11


Justice Savage charged the jury IN
the case OF Dudley Admir-. VS.. Farms
worth at the opening of court Thurs
dav morning and the case went to the
nry at 1918
ATTORNEY General Warren c. Phil
brook of Waterville and Amos X. But
Ter of Skowhegan appeared before the
court in regard to the appointment OF
q commissioner in the matter of the
location OF the town line between Inc
towns of Rome in kennebec county
and Mercer in Somerset county To take
the place of Frederick Danforth, re-
signed. The court appointed John A.
Jones of Lewiston as commissioner.
The next case TO be tried before a
iurv was that of Ni@ue VS.. L., y. n
w. st. Ry. Il. f. Maher of Augusta APP
pcars for she plaintiff and Herbert NJ.
Heath of Augusta for the defendant.
The case went on trial before q drawn
Jury, consisting Of III. r. Mitchell, Wa
tcrville, Gnremam: Andrew NJ. Patter-
SON. I.itchlield; Oliver +. Merrill, Gar
diner: David A. Lawrence, Pittston;
Leonard G. Jones, HalloWell; Fred
Gerald, Clinton; A. II. Lord, Oakland;
Henry H. Eldridge, Gardiner: Frank
Michigan, Chelsea; Charles f.. Dutton,
China: George +. Gannett, Augusta.
George A. Colburn Of Augusta. w.
T. Mace Of Readfield and Rudolph
Dos,ie were challenged when their
names were called and Mr.. Gannctt
was called by Sheriff Getchell as an
extra talesman.
This case is a personal damage ac-
ton brought by William Nigue of Au-
gnSta against the Lewiston, Augusta
e. Watervlle Street Railway, with al
Gamrum Of $4,000. The plaintiff al
lcges that while he was At work for
the defendant corporation in Auburn,
Sept. 81, 1909, in the capacity OF tend
ing trolley for a work car his leg was
jammcd between the car and pole
50 that as 4 result of injuries thereby
received tie leg was permanently rem
dnrnd ~. inches shorter. the defend
ant corporation being negligent in al
lowing the pole to stand in such close
proximity to the car.
The first witness called was Henry
r. Hill OF Augusta, civil engineer,
who testified at some length in regard
where the accident occurred. Witness
testified llat there was a space of two
inches between the edge of the car and
pest and also explained the actions Of
the car wheels in taking a curve. Wit
ness on cross examination testified
that the pole was marked in stencil
81. & A. Telenhone Co.." although
there was a trolley arm on the pole.
William Nigue, the plaintiff in the
case. testified that he was 30 years of
age and had lived in Augusta for the
past year and half. Witness entered
TIE employ Of the Electric Road last
May and was employed by the boss OF
the repair crew. Witness was employed
a. the time of the accident tending
trolley on a gravel car.
The jury at 11.50 reported a verdict
Of $1lSS75 for the plaintiff in the case
OF Dudley Admr. VS.. Farnsworth.
The testimony Of the plaintlH was
continued after the report of the jury.
Witness testified that the trolley
caught in the guy wire and he ran
along side of the car trying to pun
down the trolley pole. He was jump
ing on the car and had his left foot
on the step when he was caught by
the pole. Witness jumped on the mead
end of the car as the car was back
ing.
Witness had never been in this To-
cality before the accident and did not
know how the pole was located. Wit