Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-03-29
There Is No opiu,r,

could not prove that he was in the OK
ercise of due care and the action fail
ed. Let the corporation. as the bill
says. IN all actions brought To rccoV-
err damages for persona! injuries To or
death Of Il person-if negligence Of tn"
person so injured or killed is relied
upon in defence OF the action. such
lnegigc nce shall be pleaded"
| Nov it is necessary to alleSc in your
writ and prove that the person killed
or injured was in the exercise OF due
care ut the time OF the death, and If
| the negligence OF the person SO killed
| is relied upon in the defence of the
| action. shall ne2ligenc" shall be plead
| ed
would not care Il continental about
! i. if the party was able to he in court,
tor OF course on the Gro examination
of the plaintiff they could see whether
he va in the exercise of due care or
| not but it is when a person is killed
and no ole knows the circumstances
and OF account Of his not being able
to prove the fact that the man was in
the exercise OF due care and the action
fails.
We ftut the burden on the Other side
think 1t is law that appeals to
every intelligent man in the state of
Maine aud hope it may have a pas
sage.
| viii say that the Judiciary commit
tee heard this fully. a committee com
posed ii 10 lawyers, and they deemed
it Wis law aud Tor the interest OF
the State. 1t puts the burden upon the
corporation instead of upon the widow
or VIII it may be that prosecuteS
the case. 1t really applies to only one
case and that is where a party is kill
ed
Mr.. FoSS OF AndroScoggin: Mr..
President: ! move that this bill De in =
definitely postponed, as see that the
biii says Itself SayS in The ease of Il
person injured ar.killed."
Mr.. STAPIESs Mr.. Pre- sident:
ask for Il yea and nay vote.
MIR. LEACH Of Hancock: Mr.. Prcsi-
dent: would IKE to ask the senator
question FOR information There
seems 10 be one point We do not I'M
derStaEd. ana that is whether or not
this bill applies to an individual in the
employment of labor.
Mr.. STAPLES: Mr. President. I viii
say that it does
The question being on the motion of
the senator from Androscoggin To indcf-
nitely postpone the bill, the yeas and NAYS
Were ott"t-d and the secretary called tn.
roll. Those voting yea wer.: Messrs
Allan blanchard. Eoynton. Chandler
l'odse. lionigan Harrington. Eass Of An
droscoesn, Foss of Cumberland. Hill,
Irving. Kellogg. Leach. Mayo. Milliken.
Moalt"R. Mullen Moves. Osborn. pendle-
ton. SaHborn. Smith. Theriault, Winslow
II fhase voting nay We're: Mcssrs
Gowel Staples. Stearns-3
SO TIL bill was indefinitely postponed.
The fRESIDENT: Resolve appropriate
ing money for the purpose of obtaining
Information in regard To the taxation OF
Wild lands. comes from the House. that
branch insisting upon its former action
and asking for a committee Of confer
ence
Mr.. MILLIKEN of Aroostook: Mr..
President, as l understand it this resolve
was recalled from the Governor, and the
House insists upon its action in passing
the resolve.
The PRESIDENT: Yes.
Mr.. MILLIkEN: Mr.. President. in this
eSy we might show the House is over
ruled by the courtesy we might show the
Governor and move that the Senate adj
here To its former action.
The motion was agreed to.
ON motion by Mr.. Millken. Senate Bill
80. Resolve in favor of the clerk of the
committee ON manufactures, was taken
from the table.
On further motion by the same senator
the resolve was passed TO be engrossed.
Mr. KELLOGG of Penobscot. Mr..
President, would like to have the time
extended until after recess on House re-
port No. go.
The motion was agreed to.
on motion by Mr.. Staples of Knox Re
solve comforting the right of suffrage
upon women. was taken from the table.
again tabled and assigned for tomorrow.
Mr.. BOYNTON of Lincoln: Mr.. Presi-
dent: While have objection TO the
re- assignment of this matter, it seems TO
me We might as we'll act upon them now
as TO put them over. Let Us get TO work
upon them and get done with them
hope We will keep 10 work upon this stun
until twelve o'clock SO that We can get
through.
Mr. STAPLES: Mr., President ! will
say that never ask for postponement
for given time without a good reason
for it. If the Senate wishes TO act now.
it is immateria To me.
Mr.. BoYNTON: Mr.. President | thought
this matter was sett.ed and gone and l
was speaking about what might occur in
the future. | made no reflection upon the
Senator from Knox.
House majority and minority report OF
the committee on Legal Affairs on An Act
10 mend Chapter ISL of \le Laws of 1858,
relating 10 the Municipal court OF Bidde-
ford. Majority report fought TO pas" in
new DRAFT; minority report ought not to
pass.
In the House, under suspension OF the
rules, this Bill was given its three read
ings and was passed to be ersrossed.
On motion by Mr.. Boynon CT Lincoln, the
Dill was laid OH the table.