Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-10-18

william l.. Perkins,. .............. .Penobscot
Thomas s. Powers. ...Deer Isle
Vernon L. Small. Stonington
Isaac L. Slower ..................Br ooksvillc
SECOND raAvrasE JURY.
william H. Bunker............... Gouldsboro
Edwin W. Doyle. Sullivan
willard +. Eldridge.... Bucksport
NIX. Hasiam. .Waltham
Francis r. Hodgkins. Hancock
william II. Hooper,. .Castine
Patrick +. Kearns. Ellsworth
Edward F. Young. Lamoine
RopIcK VS.. MAINE CENTRAL.
The case OF Mrs. Elizabeth NJ. Rodick,
OF Bar Harbor, against the Maine Central
ralroad-an action for damages for per-
sonal injuries resulting from fall on the
defendant company's wharf at Bar Harbor
on Feb. last, plaintiffs leg being broken
trial OF which began Wednesday noon,
did not reach the jury until $50 o'clock
Friday.
Deasy & Lyman appeared for plaintiff
and Hale & Hamlin and Forrest Goodwin,
OF Skowhegan, for defendant. The case
was ably tried. Considerable expert
medical testimony was introduced on both
sides as to the nature and permanency of
injuries. The question OF liability OF the
defendant hinged on the point whether
the plaintiff fell on that portion OF the
walk which it was defendants duty to
keep clear OF snow or ice, or on that por-
tion OF the wharf used by sleighs, and
which the company was not required to
keep clear OF snow and ice.
The jury remained out until after mid
night Friday, and Saturday morning re-
ported disagreement.
BREsNAHAN VS.. coLPrrrs.
The case OF John II. Bresnahan, tax col
lector OF Ellsworth, against Henry Col
pitts, for taxes OF 1908 and 1903, was tried
before Jury Saturday morning, but after
the evidence was in, only questions OF law
being involved, the case was withdrawn
from the jury, and the Court ordered
for. Exceptions were fled and allowed.
d. Z. Hurley appeared for plaintiff and
+. l.. Mason for defendant. The amount
of defendants tax in 1908 was S74.3O, and
in 1909, s75.s4.
SNOW VS.. SNOW.
The contested divorce case OF I'll. Edwin
Snow, ibellant, VS.. Hester A. Snow, for
adultery, was tried before jury Monday
afternoon. W. c. Conary appeared for
hbellant and G. b. Stuart for ibellee. The
jury returned a verdict that the libellee
was guilty Of the offence alleged, and that
divorce should be decreed.
GUPrILL VS.. INSURANCE co.
The next case taken up was that OLA
K. and v. X. Guptill, OF West Ellsworth,
against the Pine Tree State Mutual Fire
Insurance Co., to recover fire loss on farm
buildings burned in September, 1910, in
sured with the defendant company. g.
B. Stuart appeared for plaintiffs and w. q.
Conary for defendant.
The insurance company refused pay
ment OF loss and contest this suit, alleg-
ing that title to the property insured was
not in the plaintiffs at the time it was
insured, that the plaintiffs misrepresented
the value Of buildings in application for
insuraRce, and that the policy was vitiated
BY the fact that buildings we're vacant for
more than thirty days after policy was is
sued before application was made for va
cancy permit.
Plaintiffs testified that the insurance
was first obtained through an agent Of the
company who made q personal inspection
Of the property, that the agent knew
buildings were vacant when he filled in
the application signed by plaintiffs, that
even il the terms of the contract in the
policy were violated by vacancy Of the
buildings for more than thirty days after
policy was issued, the issuing OF vacancy
permits after that period by the defendant
company constituted waiver, and re-es-
tablished the policy in full force.
After PLANTING case was in, defendants
motion for non suit was argued and
denied.
The jury returned verdict for plaintiff
for ae62.05. The property was insured for
$500.
CARVER vs.. BRIDGES.
The case of Fred A. Carver, Of Hog
island, vs.. Reuben G. and Frank Bridges,
to recover for use Of weir privilege during |
the season OF 1910, went on trial yesterday. !
Plaintiff asked pay on basis Of s per cent.
ON gross stock OF fish for season, which
one of the defendants, called to the stand
BY plaintiffs counsel, admitted to b