The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1912-11-21

sage. but when it was received at its
Portland Office Two minutes past 2
=. NJ. 1t knew Mr. Kaler was not liy-
ing in South Portland He had 50 in
formed them. and they knew they had
/ tried unsuccessfully, at 2.17 p. VI TO
reach him at South Portland. by tele-
phone, that he was not at his hons
In South Portland and must have
known from his instructions 70 them
that he was at Cape Elizabeth. Mr.
kaler's instructions TO the defendant
to mail his message did not change or
modify the contract between the plain
tiff and the defendant. He might not
be able to hold the defendant liable
for not delivering a message within
a reasonable time by reason of his in
structions to the defendant but the
plaintiff was not a party 10 that ar
rangement. and had the right to insist
that the defendant perform the con-
tract made with her. II was the duty
of the defendant when 1t failed to get
Mr. Kaler at his home in South Port
land if it did not intend to send the
message to him at Cape Elizabeth
without further charges, TO have at
once notified the plaintiff by telephone
or telegraph of that fact and of the
additional expense Of sending the mes
sage to Cape Elizabeth, that she might,
if she desired, have had it forwarded
10 that place But the defendant saw
fit to retain the message the rest of
the day and the following night and
then sent it to Mr.. Kaler by mail,
There is nothing in the case which
excuses the defendant from its negli-
gence after the message was received
at the Portland office. and for that
negligence the plaintiff is entitled 70
recover such damages as she sustained
by reason thereof.
Mrs. Chase was elected teacher OF
the South Portland High school, June
II, 1909, to serve during such portion
of the ensuing year as should be the
pleasure OF the board She resigned
her position about the middle of Au
gust, 1909. 1t appears that MIR. Kaler
was the superintendent of schools of
South Portland. and on Aug. 81, he no
tilted DIR. Brown, as a member of the
school committee and chairman of the
High school committee, that Mrs.
CChase had resigned. and they mmedi
ately begun their efforts to find
substitute and it was agreed that If
either of them succeeded in getting a
should be engaged and the other noti-
fled Mr. Kaler wrote to the plaintit
with the knowledge Of DR. Brown, and
letters were written to other teachers.
On the same day, Aug. 21, Ralph l..
Sawyer applied to DR. Brown for the
position Dr. Brown talked with the
other members of the committee, and
engaged Mr. Sawyer to fill the yaCan-
cy, and early Monday morning, he in
formed Mr.. Kaler that he had engaged
Mr.. Sawyer for the position. and Mr..
kaler ratified the engagement. Mr..
Sawyer taught the school the balance
of the year. As Mr.. Sawyer was on
gagged before noon on Monday, Aug -,
to fill the vacancy caused by the resig
nation nj Mrs Chase. the neglect OF
the defendant TO deliver the MESSAGE
sent by the plaintiff accepting the pc
sition. did not cause her to lose ihr
position, because her message was NOT
given the defendant to be forwarded
until 80 p NJ. more than an hour
and a half after the position had been
filled. and the defendants neglect was
not the cause of her not obtaining the
position and the only damages claim
ed or proved are that she was prevent
ed from accepting the position mad"
vacant by Mrs. Chase and the 40 cents
paid the defendant for transmission
and delivery of the message.
Judgment for the plaintih for 80
cents.
The law court has also handed down
a roscript drawn by Associate Justice
Albert r. Savage of Auburn in the
damage action of Perley E. Dunbar
Us. HolHngsworth & Whitney Co., sus-
tanning the motion Of the defendant
for new trial The text OF the re-
&c fnIlaKvc.