Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1913-04-09
rron THE Law COURT.


s.,t in the action for personal
i ...gss brought by Albert +. Manning,
oar usrhor vs.. William II. sherman.
" injuries BIS fall in building leased
~ ~ attendant. The rescript by Judge
cornish is as follows;
a. November IS. 1911, the plaintiff mas In
~ ,,h,le In the Rodics block In Bar
49, the defendant a. lessee undes e.
hs. lease being In full control Of the
80. and standing In the place Of the
,sasnr, the owner.
rhe plaintif entered the hallway OF the
sss,.s for the purpose OF tsansscting BUSH
!, one OF the Offices which opened
.s...t,om. Int BY mistake pushed open an
h.a snnr at the end Of the hall and fell
,a,o che cellar.
~. defendant had reconstructed the
,'raf,e In the summer OF 1911. aud had LETT
~. Getaway. without stairs ana uonussble
Ia .neh time as he might put in a cement
80, and A heating plant. He therefore con
...netsd A door. without knob or latch, on the
ar,s,a.. but with a Yale lock. which ON
.su,nietiou Of the work was securely fastened
"a ,emniped SO until about the timc 81 the
-,asn,,s.s accident. This lock had two keys.
,.n,ch the defendant took. when the ~ork
-. finished about June ~, 1911. and placed
Il Inc drawer q thc cash register in his own
.,a,e adjoining the Rodiek block and there
49, remained ausil within week of the
accident
Al that time. Mr.. Brewer. one Of the tensats
n the Rsdsck block, having occasion 10 bave
some plumbing done Ia the cellar, went TO
Miss paine. clerk tn the defendants store,
a
she took II from the cash register and banded
10 him lie carried Is to Mr.. Carter, the
u,smsor who bad charge 81 the work and
whose two employees actually did the wess.
oae Of the three plumbers uuiocksd the
door put down some sort OF a ladder, and q
possi9a Of the work was dome within day or
Two, Tnen. on the dag Of the accident, ONE
Of the plumbers retained 10 complete the
job, and opened the door again. the key hav-
lag In she meantime remained in the
possession % the plumbers. went down into
the cellar, negieeting to lock the door behind
hlm, although be says he thought he had
fastened u, aud while there for = shor, time.
this accident happened, The clerk had no
authority TO deliver the key aud ths defend
ant know nothing ot H.
In an action Of tort brought against the de-
iendant, Vt is held;
/. TAai u was the duty of the defendant 20
Csc reasonable and ordinary care Ia keeping
The premises safe for the access Of all persons
who might have occasion 20 come upon them
By his invitation, either express or implied,
is providing safe and suitable entrance to
TIE store and Offices. and in having the APP
proaehss thereto 20 constructed and main
taiasd that visitors woald not be liable to
step into dangerous pitfalls by means of mis-
leading doors and deceptive landings.
Z. That the leaving OF the cellar door I'M
licked was the proximate cause OF the inlnry,
asd for that the defendant WAS not legally
responsible.
I That o~ner of premises, which are
not In a detective or dangerous condition. is
not liable for injuries caused by acts Of third
persons which weFv authorized or which he
bad no reason TO anticipate, and of which be
bad no knowledge.
Judgment for defendant.
A BuCKspoRT CASE.
In the case OF Mrs. Lila A. Hutchins, OF
Bucksport, against the penobscot Bay &
River Steamboat TO-, for personal injuries
bya fall on defendant company's wharf at
Bueksport, the verdict OF s55s for plaintiff
vas sustained. The rescrips by Chief
Justice Wbitehouse 10 as follows:
The plsintiti recovered verdict Of ssss for
personal injuries received by stepping
through hole IN the defendants wharf at
Baeksport. The case comes to this court on a
motion 70 set aside this verdict as against the
law and the evidence
There vas evidence 10 the case, which. IL
believed, was sufficient 30 authorize the jury
70 Ind the following facts
About O'Clock in the evening of August 81.
isii. The plaiatitf and her daughter. Mrs.
oFcne, walked out upon tine defendants
wharf, the daughter intending TO take passage
% the dcfeBdants steamer R0cklaud, which
Ess not expected that night nntiI o'clock
% aeeoant Of the Bangor fair. The plaintiff
was not intending To become a passenger on
'ae boat herself, bat accompanied her
daughter TO the wharf and carried In her
nAad bag Of apples which she had given to
hef 10 take sith her on the boat. The
daughter carried a suitcase in her hand.
There was no waiting room at this landing
TOT NE accommodation Of passengers. aud the
p'aintif and her daughter walked out across
'ae wharf and stopped few feet at the right
q the front gangway 70 await the arrival OF
tee boat. The daughter set her suitcase down
on we wharf. and the plaintiff turned round
" SET the bag Of apples down, when her left
1901 went through hole in the plauking OF
the wharf.
Ias defendants evidence tended to show
'aas wis hole was two and one-haa inches
Sioe and eighteen Inches long, and partially
'oeefed BY aeayy joist; but the aperture
appeafs to have been wide enough TO allow
.as Plaintiffs foot and knee to go down
eaioagn It. When the accident happened sit
w., Va real dusk, ia the language of the plain
M the lights were up In the stores" and the
s'A' was lighted up when II came in; but
.asre were no lights on the wharf. The plain
~ daughter, Mrs. oreatt, took passage on
~ ooas, In accordance with her intention
~asn she came down 10 the wharf, and the
s'aihuh wss taken back to her home in
sucx'pert In a carriage. accompanied by
another daughter.
en'er these circumstances. the defendant
'"Pany owed this plaintiff the same duty
'e'PecAng The condition Of the wharf that it