Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-12-14
THE Law COURT.
Ho|yo| 6 Will Case to Be
Argued in Writing.
Oxford Case Involves Status
Of Express Company.
Sagadahoc Gases for Saturday,.
Piscataquis Cases, Saturday.

OXtofd ana PenObScot county cas-
es were argued, Friday, in the
law court. Among the attorneys
present We're: A. l.. Blanchard, A
j. Merrill, E. c. Ryder, Oscar F. Fell
lows, Raymond Fellows, Taber d. Bal
ley, Louis c. Stearns, Louis C. Stearns
Jr, Bangor; F. j. Whiting, Old Town;
Ira G. Hersey, Heulton; w. C. Eaton,
Portland; Fred r. Dyer, Buckfield;
County Attorney, Ralph 7. Parker
Rumford; Warren C. Philbrook and
Thomas Leigh, Augusta.
The first case argued was that of
State VS.. Intoxicating Liquors and
Boston & Portland Dispatch Express
Co., appellant and complainant w. c.
Eaton of Portland argued the case, for
the Express Co, and County Attorney
Ralph T. Parker for the State. In this
case four barrels of whiskey consigned
to John Dill were seized at Frye sta
ton. The appellant claimed that the
liquors were in transit when seized
and under the provisions of the inter-
state commerce act and that the State
had not established that the name of
the consignee was fictitious. The State
commended that the liquors seized were
not governed by the Interstate Com
merce law and that the Express Co,
was simply the Portland agent of a
Boston liquor dealer.
The case of Hart VS.. Bangor &
Aroostook Railroad Co.. was argued by
A. L. Blanchard for the plaintiff and
Louis C. Stearns, Jr., for the defen-
dant. The case is an action for dam
ages brought by Benjamin Hart, an
or nj Of ha Iafa TON,
and is before the law court upon ex-
ceptions to a non-suit ordered by the
presiding justice. Hart was injured
Feb. 3, 1916, While being employed at
Northern Maine Junction in putting
on brake shoe on a ear on the Maine
Central Railroad tracks, near tracks
of the defendant corporation. The
plaintiffs counsel argued that the
plaintiff was not guilty of contributory
negligence and that the court erred in
granting the non suit. 1t was conten-
ded by the defendant that the plain
tiff knew of the danger, assumed the
risk and was warned OF the danger be-
fore the accident occurred.
As the Holyoke will cases, which
| came up on report, had not yet been
| printed. it was decided, after CONSUL
| tation by the court, to have them ar
gued in writing. These cases in
volve the prohating of a foreign will
ard the estate in the case is supposed
to be worth over $4,000
The case Of John Distern VS. Great
Northern Paper Co, was argued by
Ira G.. Hersey of Houlton for the
plaintiff and e. c. Ryder of Bangor for
the defendant This is an hction
brought by the plaintiff to recover
damages for the alleged negligence
of the defendant in sending train into
place of danger without he
warning or instruction., whereby he
was severely injured. The action
was brought under the Employers Lii
ability act of Maine and resulted in
a verdict for the plaintiff for the full
amount allowed by the act, $4,000. The
defendant files a general motion and
exceptions to the refusal of the pre-
siding justice to give certain inclina-
items The plaintiff claims that the
duty to provide a reasonab bly, safe
place for the plaintiff to do ats work
Was the duty of the master and could
not be delegated TO anyone. SO as to
reHeVc the master from tnat duty.
ne last case to be argued for the
u''S vas tiletl u bdlIey. ADMINISTRATOR,
in equity, VS.. Merchants Insurance Co,
ct ais. In this case the administrator
of the estate of Ignatius Sargent, late
of Machias, brings a bill in equity
against the Metropolitan National
Bank of Boston and the Merchants
insurance Co. of Bangor and asks
that a decree of the court made some
time ago, by which a certain certifi-
cate of stock was issued by the Insur-
ance Co., TO the Bank, should be re-
voked, the certificate recalled and is
sued to Mr.. Bailey. as administrator
of the estate. Tabor d. Bailey APP
peared pro Sc; E. c. Ryder for the Mer-
chants Insurance Co., and Philbrook
& Andrews for the Metropolitan Ma
tional Bank.
Sagadahoc county cases have been
called for Saturday and Piscataquis
county cases for Monday.