Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-11-14
RESCRIpTS.
Defendant SMOii0DioT New
TdaI Is Sustained
In The Somerset Damage SuIi
Against H. & ". Co.
Decisions In Edwards Horse Case
Ard Action Against Dept. Store.

The law court has handed down a re-
script drawn by Associate Justice Albert
r.. Savage of Auburn in the Androscog-
gin county damage action of Perle r..
Dunbar rs. Hollinesworth & Whitney
Co., sustaining the motion of the defend
ant for aNnew trial The text of the
rescript is as follows:
The defendant was preparing to erect
derrick. Its servants passed loose
guy wire over highly charged electric
wire belonging to another company. In
the process. the guy wire Wore OFF the
insulation of the electric wire. The
plaintiff a servant of the defendant
was directed to repair the damaged wire
by winding tape around the abradea
spot. He climbed tile pole and put his
leg over the cross arm of the pole in
such way that it rested on the guy
wire. One end OF the guy wire WAS
grounded. In this position while wind
electric shock which did him serious in
jury. In suit to recover damages
therefor, based upon the alleged nesli=
gence of the defendant in falling to fur
nish him i safe place to work. and to
| instruct him as to thu danger. it is held:
I. If workman who is sci to work
! ia dangerous place Knows and appre-
ciateS the danger, or If bN the exercise
| of reasonable care he would have known
and appreciated it. he IS held TO have
assumed the risk Of the danger.
.. If q workman who is set to work
in dangerous place knows and appre-
eiates the dan2er, or il By the exercise
of Reasonable care he would have done
| 50. tie employer Is not legally at fault
i he fails to instruct him rs TO the
danger. ~
3. The duty of the master to give his
| servant warning of danger is not abso-
! lutte. He is held only TO the exercise of
reasonable care in this respect.
4. The evidence that the plaintiff both
| knew and appreciated the danger COM
| planned of in this case is so strong and
compelling that il must be considered
that the verdict of the jury in his favor
the rules of law. or tha product Of pas
sion or prejudice.
| Motion for new trial sustained.
down as follows:
Aroostook County.
Fleetwood Pride. In Equity vs. Pride
Lumber co. ct ais. Rescript by Savage,
| l. The allegations in bill in equity
| brought by minority stoekholder
! against corporation and a majority of
| the directors, who are also a majority
| of the stockholders. that the individual
defendants corruptly and eoflusiveiy
c0nspired TO convert the property of the
corporation to their own use. in fraud of
| the corporation and in violation of their
| duty as directors, that they voted and
| paid themselves salaries greatly In ex-
4
| instead of paying the debts of the cor
/ poration they converted its funds II
| their own use, that the plaintiff is a
| creditor as well rs a stockholder, that
| the individual defendants as majority
| stockholders control the stockholders
| meetings. and manage and control the
Eaffairs of the corporation for their own
| benefit, 50 that the plaintiff is unable
| to obtain redress through the corpora
! ton, state. case appropriate for equi-
| table relief.
2. In such a case. equity has juris-
| diction, and will upon proper proof re-
auire the individual defendants to ac-
count to the corporation and to restore
/ MONEYS wTonsfully received by them.
,. In n bin in equity brought accord
ing to the course OF the common law,
T, Hy q minority stakeholder. who is also
a creditor to compel directors TO re-
store property and funds of the corpora
! ton wrongfully received by them. the
court will not ordinarily take jurisdic-
ton To determine the amount of the
| plaintiffs claim as creditor and order it
paid
I. But in such case, if it appears
that the defendants breach of trust was
wilful, and their conduct collusiye and
fraudulent. and subversive of the in
terests of the corporation. the court, If
necessary for the protection uf the
rights of minority stockholders and
creditors, and as Incidental to the ac-