Daily Kennebec journal., 1911-04-06
SkIllings vs.Maiae Central
First Case Heard.
Jury Finds Verdict for Plain
iiff, with Award Of $3.50.
Case Of Eldrldge VS.. White Comes
Up This Morning.

| Tie FIRST case tn BE- heard in the
| AI3I tenn ol the superior court was
| tE3t OF Leonard =. Skiliinas, formerly
al Readiicld but now 0f Augusta,
against the Maine central Railroad.
This was an action brought by the
| pla!ntih 10 recover damages in the sum
| OF $ooo. alleged to nave been caused
| by the careless lowering Of the gate
at the Winthrop street crossing this
| city. ". H. Fisher Of Augusta ap-
peared for the plantir while Forrest
| Goodwin Of Skowhegan appeared for
the defendants. The, ease went to the
jury at 4.45 and at 5.45 they returned
verdict in favor of the plaintiff in the
sum of $l50.
| The first witness called was Leonard
4. SkillinsS. the plaintiff. who testified
| that on the I'D day of Sebptembcr
| 1910, he drove to this city from Read
| field. accompanied by his wife. As
| they came down Winthrop hill they
stopped III front OF the telephone build
Ing as the gate was lowered and q
gravel train was passing. They wait.
ed until the gate was being raised and
When II had reached an angle of about
- degrees the witness started the
morse and proceeded To drive across the
| tracks. The horse became frightened
at the gate and SHE'D. at the same time
Mr.. White. the gate-tendcr. began to
lower the gate suddenly and rapidly.
Witness thought he could get hy so
whipped up thn horce. but lhe gate
struck him while hv was going under
causing the horse To run away ana Mr.
SklliinsS WIS BADLY shaken up. and in |
lGrod There was TO train coming and
Wi,hcsS SAID he did not know why Mr. |
White lowered the gat" at thar time |
Mrs. SktiiinSs although tadlv shaken |
up was Otherwise uninjufed. on cross |
examination witness stated that the |
h"rse had i reputation al 5eiGg (; run
away horse.
Mrs. Agnes Skilliugs. the wife Of the
plalntlli, MAS next called AID she cor
robefHted her husbands testimony in
regard to the accident and the lower
lhs Of the gate. DR.. y. l.. Sturtevanti
was called and he save & descriptionI
y Mir. Skillinss' wounds saying that
ne wound on the head caused hy the
taliinS OF the gate required stitches
ana told oi body bruises. He said his
)ill vas about go. Henry NJ. BoWley,I
carpenter, whose home Is in Hal
DWELL MAS next called and he stated
nat lie %sts an c%r-W!tneSs Of the ac-
c'H"ht. The horse did not appear tC
'e running away 0ut Was afraid OF
Ne Eatf and when | saw the gate tend
II itttlhg down tn" .ate | yelled to
I'm not u let that gate down on that
man 5 heatt, bat he paid Ia ate ntinn |
saw tla gaze strike Mr.. Skliings |
lead dnd when the horse threw hin
>ut | ran ana helped picl; him up |
ne witness stated that lie aftcrWar( |
asked Mr.. White why he let Gown IL. |
safe on the mans head and he sale |
70 stop the horse On cross eXami.
i2ti"n the witness became somewhat
.ntansled in his ouininn of distances
ana IN i"W minutes he had the Coun-
sci IL the san" predicament.
Aiillard J. Sleeves was next called
anu he said his home WAS in Chelsea
put tihtt he was IN Augusta on the day
u th' aeelaeht ana was an eye-wt-
ness. Inc horse did not appear 10 be
running away lie said. This conclud-
sd aii the testimony for the defenC |
hd Jonh h. W hit", the gatetender was
al4"d ana he stated that he had beer |
the employ of the railroad for the
asst 10 years as sdte-tender. He saiG
'dt siaNei trains were going back and
"f'h every tcW minutes that day ano
Sd" MI Skliiihss team coming full
'"li"p down the hill, and the horse was
uhiiihs away lie said no train was
omlhS, and Oh cross examination
''d'eo 'hat ne let down the gates be-
au7e ',e was III Tie haplt of doing so.