The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1912-05-23
DECISIONS RENDERED IN
EQUITY CASES
Those of DR.. WadsVorth VS.. The Ken
nebec Log Driving Co., and Joseph
Smell vs.. Irma Rogers and Alma
Smell.

to have the defendant enjoined from
the use of dynamite in its log-drivinf
operations at and near the SkowhegaI
Falls in the Kennebec River. The
plaintiff is the proprietor of hospita
! situated in closed proximity. The de.
PENDANT was the Log Driving Company
which annually drives large quantities
of logs down the Kennebec river and
over the dam at the falls. The dam is
situated very near the business section
of the village and near many resi-
dences. The plaintiff claims that he
will sustain special and peculiar dam
age, If the defendant is permitted to
use dynamite in blasting out jams OF
logs which forms above or immediatly
below the dam.
To show what the probable effect of
blasting the jams of logs with dyna-
mite at the places referred to, the
plaintiff introduced much testimony
as to the effect of such blasting during
the season of 1911. 1t appears owing
to the imperfect arrangement of
booms leading down to the logway of
the dam, jams occasionally form at
this logway. The defendent broke these
jams by the use of dynamite and the
formation of these jams was due
rather to the faults in driving than
to the natural conditions. Later in the
season the defendant itself corrected
the difficulty. 1t also appears that
when jam of 30 or 40 logs had FORM
to break it by blasting off the end of
the log which held the jam, or by dis
charging several sticks of dynamite
under the mass of loggs. Dynamite
it is claimed was thus used as often
as 10 times a day, the blasting opera
tons beginning as early as o'clock
in the morning and continuing through
at intervals until 3 or o'clock in the
afternoon. Witnesses residing a half
mile distant were awakened by the
noise of blasting
Judge Savage in his decision says:
THAT such blasting would injuriously
affect the property rights in a hospital
two .or three hundred feet distant
seems to me beyond question. 1t would
make it less desirable as a resort for
the sick He further more states that
blasting in a log driving operation so
carried on in the midst of thickly
settled community, as from day to day
to awake the sleeping inhabitants at
o'clock in the morning, and then
continued through the day as describ-
ed in this case may constitute pub
lie nuisance, unless justified by rea-
sonable necessity and lawful author
ity.
On the other hand Judge Savage
says; The defendant is engaged in
a lawful business. 1t has a right to
drive logs down the Kennebec river
and to use all reasonable means there
for, and so long as it does not exceed
the standard of reasonable use, other
parties incidentally incurred have no
remedy What is reasonable depends
upon the time, the place and the cur
cumstances.' He further more says
that dynamite commonly used in
breaking jams and its occasional us
even in place like the Kennebec riV-
er in Skowhegan village maybe rea-
sonable necessary, although it may be
difticulting a particular case to de-
termine whether dynamite is reason
the fact that the defendant might in
his opinion greatly improve if not
practically remedy the conditions at
Skowhegan Falls. Judge Savage also
mentioned the unfairness of the sea-
son of 1911 owing to the low depth of
the river. He stated that at present
there was no emergency which made
it necessary to apply an injunction
owing to there being no reasonable ap-
prehension of recurrence this year
of the conditions of 1911 but he does
not think the plaintiff ought to be pre-
ceeded by this judgment from seeking
equitable relief should such an en-
Urgency arise.
Consequently it was ordered, judged
and decreed that the bill be dismiss
ed with costs, but without prejudice.
In the case of Joseph Smell vs.. Irma
Rogers and Albert Smell, Judge Saw
age rendered a finding and the decree
will be made up in accorance with the
finding.
This was a case in which George w.
Cover appeared for the plaintiff. The
question was whether or not Mrs.
Irma Rogers had notice Of the first
deed that was made. 1t seems that
Albert Rogers made deed of GER
tain piece of property in Canaan to
Joseph Smell but the deed was not re-
corded and later the same property
was decided to Irma Rogers and this
deed was recorded.
Escapes An Awful Fate.
.1,a,,r,r,d topouoe co,.d MT eV-