Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-14

in which the plaintiff brings suit for
the sum of 500 as the result of an in
jury to an OK which was cut on one
of his hind legs on barbed wire while
trying to get from the plaintiffs pas
ture into the defendants. George w.
Heselton of Gardiner appeared for the
plaintiff and c. A. knight of Gardi-
ner for the defendant. The plaintiffs
contention according to Mr.. Heselton's
opening statement was that the fence
between the two pastures was not
proper one and that Curtis should be
entitled to recover for the care of
the OK following the accident, the loss
of time that the animal was incapaci-
tated and the difference in price that
the OK was finally sold for for beef
$50 and his actual worth before the
accident.
The plaintiff took the stand and
testified that his OK on July 80, 1918,
got cut in the barbed wire in the
fence belonging to the defendant,
when it attempted to cross into de-
PENDANTS pasture. The fence where
the animal got cut, according to wit
ness, was not properly constructed.
Witness testified as to treating the
cut and that some time afterwards it
was decided that the OK would not
be worth anything for working pur-
poses and he therefore sold him for
beef. getting S64.
Mrs. Sarah A. Curtis, wife of the
plaintiff, took the stand and testified
as to going where the OK was injured
and seeing blood and hair on the wire
II, II.
Mr.. Knight briefly opened the case
for the defence and introduced as the
first witness the defendant, ]. w.
Emery. Witness, when asked if he saw
blood on the wire at the scene of the
accident. replied that he did not. Wit
ness testified as to seeing plaintiffs
OK in his pasture when he (witness)
went after his cows. He further tes-
tilted as to putting up the fence the
next morning after the accident as
the wire was off from the stakes. Wit
ness was asked by Mr.. Knight if the
OK in question was lame and he re-
piled that the animal was in one of
his front legs. Witness had seen plain
tiff work the OK with his mate on
several occasions.
z. ". Lampher of Newport, who was
working on the Curtis farm at the
time, took the stand and stated that
the OK was lame in one of his front
feet before the accident, having what
ne called spoon bone on the bot
tom of the hoof. The leg and hoof of
the OK was then produced and examin-
ed carefully by the witness Witness
testified as to fattening the animal
and killing him for beef.
Eli Greenleaf of Gardiner, a butcher
and dealer in cattle, testified that the
plaintiff tried to sell the OK to him
following the accident for $50. Plain
tiff told him that the OK had been cut
the day before or night before and
described the nature of the cut. Wit
ness told him he could not buy the OK
anyway, as it had 'fevered. up" Wit
ness was questioned in some detail
in regard to the value of cattle and
thought that a fair market value for
the OK would have been $55.
Warren Buker of Litchfeld, cattle
dealer for 40 years, testified briefly in
regard to the value of cattle and
thought that the OK in question was
worth from s55 to $50.
Counsel for both sides took but a
few minutes in argument and court
took an adjournment until $50 this
morning