The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1912-05-02
SUPREME JUDICIAL
COURT IN EQUITY
The Time Set AT March
Term For Cases
Several Important Cases Taken up,
Including that of DR.. WadswOrth
VS. the Kennebec Log Driving Co.

The Supreme Judicial Court in equi-
" convened last Thursday, the time
having been set at the March term.
Justice A. R. Savage presided
The first case taken up was that of
Joseph Smell vs.. Irma Rogers and AL
bert Smell. The plaintiff was repre-
sented by George w. Cover, Esq,
while Butler & Butler appeared for
the defense The question was wheth-
or a certain deed was ever delivered
or whether Miss Rogers had know
ledge that it ever had been delivered.
The second case was that of the
Town of Cornville against Affie Tut
tie of Mercer in which the town en-
deavored to compel Mrs. Tuttle to
care for her aged mother, the defense,
claiming that she was unable to do
80 Several witnesses were called
among them the husband of Mrs. Tut
de, Charles S. Tuttle, who testified
that the greater part of the property
Standing in his wife's name at the
present time was earned by himself
with the exception of five or six hun
dred dollars. He testified regard
ing his physical condition, he being
a sufferer from rheumatism. He also
told of his condition financially, and
of the need of all their property to
carry them through their old age. Mrs.
Tuttle's testimony agreed largely with
that of her husband. Charles L. Hol
brook, F. L. Ames and e. j. Holway
all of Norridgewock were other wit
nesses. The town of Cornville was
represented by Butler & Butler and
Walton & Walton appeared for Mrs.
Tutue.
The case of DR.. John E. Wadsworth
against the Kennebec Log Driving Co.
has aroused considerable interest in
this vicinity. The suit Is brought for
the purpose of prohibiting the before
mentioned company from blasting
logs at the dam which is near to the
Somerset Hospital. DR.. Wadsworth
claims that it is public nuisance and
that it is necessarily so being so near
the hospital DR.. Wadsworth further
claims that more blasting was done
than was necessary last spring and.
as result his patients in the hospital
were greatly disturbed, claiming that
the blasting was sometimes done as
early as 4 o'clock in the morning
Claims were also made by DR.. Wads-
worth that it was not necessary for
the company to blast logs had they
placed an apron" on the dam for then
the logs would have passed over and
not stopped at the foot of the sluice
way. This it was claimed had not
been done and more blasting was done
than heretofore.
1t is claimed by the defense that the
company had not blasted logs unnec-
essarily last year at the dam and that
ii had blasted no more than in pre-
dous years
Witnesses called to testify for Wads-
worth were himself, Miss Hannah E.
Bunker nurse at the hospital, Mr..
and Mrs. Elwin Packard, Mrs. Frank
Pooler, DR.. w. S. Stinchfield and Ell
mer Nolin. Reed A. Smith of Veazie,
an expert river driver on the Penob-
scot and in dam building was also
called. The other side had as wit
nesses S. w. Philbrick, Peter Larkin.
who is we'll known as having had
charge of river driving crews and
Bert Daggett, dynamiter. DR.. Wads-
worth was represented by Gould &
Lawrence and the Log Driving Co. by
Butler & Butler.
The case of j. Palmer Merrill
against DR.. w. s. Stinchfield and DR..
Charles Viles was taken up Friday.
Mr. Merrill claimed that when he
erected his block on Water street he
provided a suite of rooms six In num-
Der for the special Accommodations of
the defendant parties. The considera-
ton for the same being that he was
10 have a ten years lease for the
same with a rental of $400 per year.
The plaintiff also claimed that he made
arrangements to have the particular
rooms in question finished in advance
OF the rest of the building and allow
ed the defendant to occupy them be-
lore the bargain had been made solid
more than by verbal agreement. Sew
eral different views of the subject
arose later when 1t was tried to re-
uuce the matter of agreement to writ
ing. Trouble, also it is alleged, came
up over who should pay a small sum
ior water rental necessary to run a
fountain cuspidor In the Office Of DR..
Viles. Before that matter was set
tied DR.. Stinchfield built a home on
Court street and removed his office
to that place.
The defendant party claimed that
Merrill had not carried out his part
OF the verbal contract by rendering
them lease In accordance with their