Daily Kennebec journal., 1914-02-04
CRIMINAL COURT
OPENS AT BANGOR
NEW RESCRIPT,

Bangor, Me-. Feb. S.-The February
(criminaD term of the supreme ju-
dicial court Associate Justice A. w.
King presiding, convened Tuesday
morning at 10 o'clock. Robert A. Jor4
dan. general secretary of the Bangor
Y. M. C. A, acted as chaplain and Of
fered the prayer. u"
The grand jurors reported for duty,
were sworn and instructed in their
duties by the court. There are 1S
members of the grand Jury, although
it is expected that another name will
be added. Harold c. Dow of Lincoln
was notified that he had been drawn
to serve on the jury but the venire
was never returned to the clerk OF
courts office and he will not be sworn
until it is establish that he was duly
summoned.
The grand jury went into session at
once and organized with Jeremiah
F'reese of Millinocket as foreman and
William A. Mosher of Orono, clerk
The members of the grand jury fol-
low: Henry I. Ames, Bradford, f. +.
Bickmore Charleston; C. H. Couliard,
Hampden; Dana Crockett, Dexter, F.
A. Dillingham;, Orrington: Harry X
Estes. Holden; George H. Fifieid,
Brewer; jeremiah Freese, Mihinoek-
ct; Daniel Gould, Corinth; Fred
Knight. Garland; Frank Leathers.
Winn.; william A Mosher, orono .
Herbert +. Murdoch, Springfield: EN-
cry II. Prescott. Hermon; simon f.
Rowell, Bradley; Herbert E. Turner
Newport; It. H. violette, Milford; Lew
is B. Wadlin, Old Town, .
Three grand jurors for this term
were excused by order of the court
The Jury went Immediately into ses-
sion and the investigation of the va
rious criminal causes i'm this county
since last September has begun. 1T Is
expected that the jury will be in ses-
sion for week. ,
The following rescript in an Aroos7
took county case has been received
at the office of the clerk of courts for
Penobscot county:
. John Patten VS.. Fred Bartlett,
Aroostook county. Rescript, Phil
brook, j.
Defendant owned a house and lot
which had been let to and was oceu7
pied by tenant at will. Prior to the
beginning Of the tenancy, the defend.
ant had made an excavation at the
rear of the lot, intending to use the
same as a cesspool i'm connection with
the house on the rented premises. He
agreed with the tenant to complete
and prouerly cover the excavation, ana
repeatedly promised to do so after the
tenancy began. After the accident
which gave rise to this suit, he did
cover the excavation. The plaintiff
came upon the premises IN the early
evening with his truck team to denver
a load of wood to the tenant, ana
while in the exercise of ordinary care
he led the horse to a point where the
animal slipped into the excavation
and was killed. 49, s=.z7..
Held. That plaintiff was on the
! nreynises by implied invitation and that
tha owner or occupant iof land. who by
yftations EXPRESS ON implied, induces ot
pfeads another to come upon his premises
FOR any lawful purpose. is liable to dan''
ages to such persons, they using aue
care. for injuries occasioned by the uh.
safe condition of the land or It's ap,,
Inroaches If such condition was known
TO him and not to them. and was negii-
gently suffered to exist, without timely
notice to the public or to those who were
likely to act upon such invitation.
. If whens let. the premises are In 2
condition which is dangerous to the pup-
lie. or with a nuisance upon them. the
landlord may be liable to strangers TOT
injuries resulting .therefrom. for by the
..tt;r.- of them IL that condition and re-
9ceiving rent therefor he is considered as
authorizing the continuance OF the
nuisance.
g. Whenever an owner is bound TO re-
pair, and. has control of the premises
sufficient for that purpose. he, anu no'
the tenant, is liable to a third person fer
damages arising from a neglect to repair
4 Mckenzie " Cheetham, SO Maine oS
compared.
Judement for plaintiff. E'rSAt
Damages s150. and interest from GATE
of writ. sg9s @ -
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