Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-17
SUPREME COURT
Verdict for Defendant in Case
Of HOllawoch VS.. Priest Case
Hall VS.. Mckinney
Case Opened

Fridays session of the supreme
court opened at $50 A. NJ. The entire
morning was devoted to a continu-
ance OF the Hollawach VS.. Priest trial.
Several of the witnesses required tho
assistance of E. Zoub of Augusta, who
acted as interpreter. Testimony
brought forth evidence in support of
the contentious of both plaintiff and
respondent, which in the first instance
tended to show the accident as due
to the careleSsness of DR.. Priest, who
was driving the automobile, and in the
second instance supporting the allie
cation that the accident was the re-
suit of the late Simon Hollawach's
negligence. The evidence was very
clear as to the facts and the pleas
of the two opposing attorneys dealt
chiefly with the correct inference
which might be drawn from the facts.
Mr.. Smith, representing the respon-
dent, spoke first and was followed by
Mr.. Fogg, of Williamson, Burleigh &
Mclean, in behalf of the plaintiff.
Court was adjourned at 1890 until 2
o'clock in the afternoon.
Immediately at the opening of the
afternoon session Justice Cornish be-
gan his charge to the jury. Briefly
summarizing the evidence submitted
in the case he explained the two ques-
tons to be settled by the jury as:
First, was the defendent negligent?
and second, was the late Simon Hol-
lawach negligent? The test of negli-
gence, he stated to be, what should
the ordinarily prudent man have done
under the circumstances?
With these instructions the jury
retired. Upon their return verdict
was rendered in favor of the defend
ant, DR. Priest.
The third case to come before the
court and the last jury case which will
be handled this week. is that of War
rem A. S. Hall VS.. Asa l. Mckinney
Both parties are of Pittston. The case
is an action of deceit. The plaintiff is
represented by George w. Heselton
of Gardiner and the defendant by
Benedict F. Maher of this city.
The case was opened by Mr.. Heselton
in the middle of the afternoon session.
The testimony of the witnesses for the
plaintiff gave evidence which showed the
case to inv olive a boundary dispute by
which the complainant is the loser OF
some two or three acres of land. the
land in question: it is alleged, should be
the rroperty of the complainant accord
ing t6 the representations of Mr.. Nc
Kenney, from whom he made the pur-
chase Mr.. Hall alleges that in making
the purchase he was given to understand
taat the boundary of the property waicn
he bought embraced the land which he
nov finds is not his, and the object or MS
case is to recover damages to the value
of the land which he supposed was IN
,luded ir his purchase. The value of the
land in q1estion, according to testimony,
is from $50 to 500
Mr.. Maher opened the case for the de-
fence a little after o'clock. He outlined
- the jury briefly the nature of the evil
denoe which would be submitted In De-
half oil the defendant and called Mr.. Nc
kenrey TO the stand.
Mr. Mck enney 81 testimony was somA-
whes in contrast with that which sle
witnesses for the plaintiff had broush,
forward He described his going over
the Eounca ries of the land which he sod
to Mr.. Hall. with the latter. and of point
ing out t. him where the boundary now
in dispute ran in a line from certain
go. t" to the road. This line ran parall i
to the Inc Nnlch the pldIntlI Claims
Court adjourned at $50 in the after
noon and the trial in progress will be re-
sumed this morning.
Jurors who are not serving in the pres
eat trial were excused until Monday
morning. The cases in cr@er Monday are
as follows: Dinsmore VS.. Tobey, in
which the aintiff IS represented by Will
hanson. Burleigh < Mclean and the re-
spondent by Harvey d. Eaton of water
vile; Tobey vs.. Dinsmore, in which the
plaintiff is represented by Harvey d.
Eaton of Waterville and the respondent
by Williamson, Burleigh & Mclean; and
Merrill VS.. Odiorne, in which the plain
tiff is represented by George w. Heseiton
of Gardiner and the respondent by
Charles A. Knight of Gardiner.