Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-21

9sftion, but it is for the man that
caused the INJURY, and he had all the
means at hand, but the young man,
dead, and the dependent mother, she
would have difficulty in showing the
state Of affairs.
Take another case These are cases that
that are court cases. a man worked in a
mill and a block of wood was set in front
of him on a machine to be shaved, and
through some defect in the plates, which
held the block in place, the block gave
out and in two days the man was dead
and his family penniless. They say 1t is
a hardship to shift the burden of proof.
The defendant company could show how
they put the block in. Could We show by
the only man who set in the knives and
he dead? If, from the circumstances
which they were abundantly able TO
prove. they could show that the company
was not at fault in the running of the
machine, then they with all the power of
their company, with all the means of es-
tablishing the facts, why, it is impessi-
Bile for liability to be fastened upon them.
This bill means that they must show by
some evidence that they were not at fault.
Another case of a workman on a gravel
car going around a sharp curve on the
street. and a man in a hurry to make
time One poor fellow was thrown off an
| died on the pavement, his headcrushed
Does the company under whose control
| the man was, establish any fault with tn
man? Efe was riding on their car.
was riding in what he supposed was 9
place furnished by the company. II
could not testify If it could be show
that he was sitting in a proper manner
| they had the means to do it. Is it JUS
and fair, or should that family so these
years unprotected because the only one
who knew anything about it could MOI
say a word?
! The doctrine of contributory negli-
gence was divided The negligence is
distinctly recognized by the national
government 1t is in the line of prog
ress that has taken place in our coun-
| try in more ways than one. There
never was time when the judiciary
of our country seemed to lack the fun
confidence of the people as it does At
! the present time. Is it because they are
/ insisting upon and following tn old
| presidents that have been land marks
when conditions were different in our
country? What must be done? Tie
mere fact that the court has decided
/ simply following this line of procedure,
does not indicate that il is the correct
view with reference TO the fac.
In the matter discussed the oiner
day in the Senate, the first case in
/ point, Senator buttons bill, in which
! the Senate voted that an action Nigh,
be maintained by one woman against
another woman in the case cited, Roe
VS. Doe, in this State, in which the
court held that such actions could not
be maintained. some 10 or Is years
after that case. I brought a case, which
was one in which a deliberate attempt
was made to break up home. No
effort could stop it, and there was but
one thing left The case of Roe VS..
Doe was well known, but in the mean
time since that, decisions in twenty
two states of our Union where the mat
ter had come up, the court decided that
such an action was maintainable. And
it left at the time that case was argued
in the court but two states that chung
to he old rule. One was New Hamp-
Snlfe ana he otner was Maine. Since
that time, New Hampshire has deserted
it's position, and we are the last that
swung into line, the other day.
Now the question is what is the
right thing to do? When the govern
ment starts out and adopts the rule,
as it did in 1906, it seems as though
that ought to be very good preee-
dent 1t does not place the liability
upon the defendant. 1t is only in the
case of the death of the person at the
time of the accident or before the time
of the trial that the burden Of proof
is that he was in the exercise of due
care. 1t is right that that should be
done, because ninetenths of these ac-
cident cases are occasioned-I am go
ing to say more than that perhaps
forty nine out of fifty, are cases of
persons employed in some manufactur-
ing plant, and / suppose every one of
those companies are insured. 7 sun
pose 1T does not make one cent ar
ference to them whether verdict is
for or against them.