Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-15
SUPREME COURT.
Verdict for Defendant in
7 he Potato Case.
Jury Awards S1OO Each to
Silver, and Levine
Who Were Frightened by Gun Play
At Mason's Ranch.

The case of Maine Produce Co. vs.
Boston & Maine Railroad Co, in
which action was brought to recover
for the value of five carloads of pota-
toes, which plaintiff alleged that the
Railroad had sold. was taken up again
soon after the opening of the supreme
court, Thursday forenoon. Il. e. Mer-
ril of Skowhegan was counsel for
plaintiff and Seth NJ Carter of Lewis
ton for the defence.
Clovis n johnson of Waterville
testified that it was his chief business
to purchase and sell potatoes last
spring, and he passed most of his time
in the Boston markets. He said that
in company with Mr.. Graham, the
general manager of the Maine Produce
Co, he inspected the potatoes which
the Maine Co. had shipped to Boston,
and found them to be in excellent con-
dition. On cross-eXamination Atty.
Carter asked witness il the weather
had any thing to do with the condi-
ton of old potatoes at this season of
the year He answered Yes. Hot
weather injure potatoes to some ex-
tent
John Wall, an employee of the Rail
road Co, was the first witness for the
defence, and he testified that he had
notified the Maine Produce Co. many
times that their potatoes were lying
in the cars at Boston and should be
cared for He said that the company
did ret, however, make any arrange
ments for the disposal of them. He
stated that after the potatoes had re-
manned in the cars about a month he
left them in the hands of the freight
claim agent for disposal. On cross
examination. Attorney Merrill brought
out the fact that other potato compa-
MES had left potatoes remaining in the
cars in Boston, fully as long as the
plaintiff.
Charles f. Carroll of Waltham.
Mass, who was at the time assistant
clerk in the freight claim office of the
railroad. testified that he had re-
ceived reports from Mr.. Wall, on May
6, 1911, stating that the potatoes in
question were in bad order and should
be attended to.
William ]. Harrog. travelling freight
c!aim agent for the railroad, stated
that he had inspected the potatoes
ard that they We're in such bad con-
dition that he turned them over to
the A. H. Weeks Produce Co. in Bos-
ton for disposal, for he thought they
would spoil if they We're left in the
cars three days longer.
A. II. Weeks, the proprietor of the
A. H Weeks Produce Co, testified
that the potatoes We're in so poor con-
dition that when his company re-
ceived them they had to sell them at
very low prices but he considered the
prices good for the poor condition the
potatoes We're in.
When the testimony was in, a YER
dict for the defendant was ordered
by Justice Cornish The jury which
had heard this case was then dis
missed.
The last case to be heard before
jury. this term, was one in which
Samuel Silver and Miles Levine, both
of Waterville, brought action, Jointly
against Fred T. Mason of Waterville
for personal injuries which they
claimed to have suffered mentally on
account of the plaintiff having shot
at them and scared them with an au-
tomato pistol.
Silver. one of the plaintiffs. testi
fled that he and Levine went to Ma
sons farm for the purpose of pur-
chasing some poultry. He said that
Mason offered to sell them a rooster
for 81 and told them to go down into
the stable cellar and look at it. Wit
ness stated that he and Silver had
been in the stable only a few min
utes when Mason came in and accused
them of stealing his eggs, He said
that Mason then called them names
and pulling out his revolver fired a
shot towards the ground, soaring both
OF them very badly. He stated that
he had been very nervous since the
shooting and was not able to work
for a few weeks afterwards. Levine,
the other plaintiff, took the stand,
and told practically the same story as
Silver.
DR.. II. W. Abbott of Waterville tes-
tihed that he examined Levine, on
March, 1911, and found him to be in
state of nervous collapse. He said
that he also saw Silver at the same
time. but that he did not seem to be
affected as much by the accident as
Levine.
Deputy Sheriff Mccarthy of Water
willie testified that he, in company
with two other deputies, arrested
Mason after The shooting. He said
that Mason told him that he did not
shoot to hit but only tried to scare
the plaintiffs.
MI. Mason, the defendant. testified
that when he went into the stable
where Levine and Silver We're he
found that they had been sucking his
eggs and he then ordered them to
leave his premises. He stated that
they started to argue with him and
he fred the pistol once towards the
ground The purpose of his shooting,
he said. was to impress upon their
minds to keep off his premises
The jury brought in verdict of 500
far each of the plaintiffs. This jury
was then dismissed and, Friday fore
noon, divorce hearings will be in or
der