The Republican journal. [volume] (Belfast, Me.) 1829-current, 1911-04-27
Supreme Judicial Court.
Judge George F. Haley of Biddeford, Pre-
siding.

Trunk r r Co entered on the docket Apri
18th, is suit for 600 for in juries received
in an accident August "a, 1910, while travelling
on the line of said railroad. Miss Robinson
was called to Saginaw, Mich, last August BY
the illness and subsequent death of her brother
Joshua Robinson, who had been playing with
the Saginaw team and was accompanying the
remains to Belfast When within two miles
of Durand, Mich, smashup occurred, caused
by head-on collision, in which several pas
sengers were killed and others injured. The
train also caught fire. Miss Robinson was
thrown against the side of her berth, receiv.
ing injuries to her back and suffering severe
, shock from which she has never recovered
besides being partially paralyze from the eff
, fects of her injuries. Local physicians think
that the injury to her spine Will be permanent
Her attorney is Arthur Ritchie, Esq. Counsel
for the Grand Trunk pettioned that the case
be transferred to the United States Circuit
court in Portland and it was SO ordered.
The case of Cleveland A. Larrabee VS.. Jack
son Creamery Association, which was tried on
the first day of the term, came on the first
thing Thursday morning and Judge Haley de-
livered his first charge to the jury. The ac-
tion was to recover for damage done by a
sewer and the amount sued for was $780, The
jury returned verdict for the defendant. F.
Wade Halliday of Newport for plaintiff; R. F.
Dunton of Dunton & Morse for defendant.
The case of Addie S. Fogg VS.. Nelson W.
Tilden was an action to recover $40 for board
of defendants minor daughter, Myrtle Addie,
from January to August, 1909 The plaintiff
lives in Stoneham, Mass. and is sister Of the
defendant, who lives in Islesboro. The de-
and not credited. Verdict for the defendant.
Wayland Knowltom for plaintiff; Dunton &
Morse for defendant. Friday motion for a
=. new trial was filed.
Banigan Rubber Company VS.. Thomas E.
Gushee was entered by leave Of the Court Fri
day, the third day of the term. Reuel Robin
son for plaintiff.
The following cases were disposed of Thurs
day.,
Josephine NJ Knight VS.. A. L. McCorrison,
admir- Defaulted for $500. ]. H. Montgomery;
Dunton & Morse.
b. E. Larrabee, M. D., VS.. Herbert Black.
Buzzell; Richie.
Chas. E. Smith VS.. Stanley K. Smith. De-
faulted. Action on account to recover for
supplies, including wood, lumber and hay.
Dunton & Morse; J. E. Nelson.
Dodge Clothing Co VS.. Fred Tuttle. Neither
party; no further action.
Albert A. Gray, Libt., VS.. Rose B. Gray.
Richie; Dunton & Morse. Dunton & Morse
withdraw.
Fred E. Stinson vs.. George A. Tower
Specification to be filed by middle of vacation.
johnson; Greer.
Frances L. Lazell VS.. Justus G. Strawbridge.
Death of defendant suggested. Cilley &
Burpee; Robinson.
Searsport National Bank VS.. Gustavus C.
Kilgore and Alfred E. Nickerson. Defaulted
by agreement and continued for judgment.
Dunton & Morse; E. F. Littlefeld.
Hattie M. Cannon VS.. Frank L. Hatch.
Death of defendant suggested and Hattie E.
Riggs admx, comes in.
Dodge Clothing Mfg Co. VS.. Fred Tuttle.
Neither party; no further action. Edgar M.
Simpson and Buzzell; J. F. Holman and Dun
ton & Morse.
Rose B. Gray Libt., VS.. Albert A. Gray. Dis
missed. Richie.
Alorzo T. Nickerson VS.. Fields S. Pendle-
ton. Account in set-off withdrawn. Default
ed by agreement Richie; Brown,
Bowker Fertilizer Co. vs. Perley T. Gordon.
Opened to Jury Saturday Withdrawn; neither
party; no further action.
H. E. Robbins VS.. John I. Frederick and
Josiah S. Larrabee, trustee. Trustee discharg-
ed without COSTS Buzzell; Bowden for Fred
erick.
Berry & Doyle vs. R. Fl. .IcWiams. De-
faulted Buzzell; H. M. Briggs.
CA Wiley & Co. vs. G. A. and E. Matthews
Neither party; no further action.
Berry & Doyle vs. R. H. McWiiams. De-
faulted. Buzzell; H. M. Briggs.
Wlber R. Staples Herbert Black. De-
faulted. Buzzel; Dunton & Morse.
Charles B. Sampson VS.. William H. Springer
Pleadings filed. H. E. Bangs; Thompson &
Blanchard.
David Ladd vs. Clara B Shaw Ladd. Sum
mons for Ruhamah Gross, Extr. to appear at
next term
Fred W. Brown, Jr., VS.. W. A. Ryan. De-
ferred. Judgment as of mortgage. F. w
Brown, Jr.; Brown.
VIM. B. Kendall and Edw P Kendall VS.
John l. Frederick and Elden Frederick, trus-
tee. Trustees disclosure filed.
Fred Z, Stinson George A. Towerand In
habitants of Frankfort, trustee. Trustee tc
disclose next term as of this term
Mrs. Caroline E. Rowell of Liberty, who
had been held in Jail five months for store
bill of $25, was discharged by the court Thurs
day. her counsel, F. W. Brown, submitting pa.
pers to show that she had received her dis
charge in bankruptcy Monday.
Estabrooks Shirt Mfg. Co. VS.. H. Holtor
Wood was opened to the jury Saturday morn
ing. The suit was to recover for damages
caused by the bursting of automatic sprinklers
and the bursting of water pipes in the building
owned by Mr.. Wood and occupied by the Du-
plex Roller Bushing Co., part of which was
leased by Mr.. Estabrooks for manufacturing
shirts. The damages were alleged to be
$200.05 on khaki cloth by pipes bursting Jan
4, 10, and for $59.5l for khaki cloth and shirts
damaged March 9. 10, a total of $259.56 The
defense was that due and reasonable care had
been used by the defendants and the accident
was not from their neglect The second dam.
age, $50 81, was eliminated from the case The
jury visited the building Monday morning anc
the continued until p. M, WheI
Judge Haley charged the jury. The point OF
law involved was, had the defendant given the
fire and heating system proper care. The
jury returned verdict for the plaintiff, with
damages at S20OO5. A motion for new tria
was filed Tuesday; transcript of testimony tc
be filed by July l. 1911.
Charles B. Sampson of Freedom was the
plaintiff in three jury cases tried Monday af
ternoon and evening and Tuesday morning
They were for breach of contracts with parties
in Aroostook county. The defendant in the
first suit was H. l.. Pelkey of Weston and the
damages were assessed at $40. the net profit
on the amount of hay that the defendant fail
ed to deliver-10 tons. A verdict was render
ed for the defendant Bangs and Buzzell for
the plaintiff. R. w. Shaw of Houlton for the
defendant. The defendant in the second case
was William H. Springer of Randolph and the
suit was for breach of contract in failing to de.
liver tons of hay at $l3 per ton. The case
was opened to the jury at special session
Monday evening and the jury returned ver-
dict for the defendant. b. l.. Blanchard of
Bangor for defendant and Bangs and Buzze
for plaintiff. The third case, Sampson VS.
Sarah E. Packard, was defaulted for $49.5O by
agreement.
The following cases were settled:
Mark T. Clafmore VS.. Phiemore W. Pitcher
Defaulted and continued for judgment. Dun
ton & Morse; Pitcher pro Sc and Ritchie.
Cooper Co. VS.. G. J. Beckett. Defaulted
by agreement and continued for judgment.
Mrs. Parthena Cunningham, app, from de-
cree of Probate Court allowing the will of the
late Roxanna Gardner. Law on report strick.