Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1915-03-16
SMITH VS.. MAINE CENTRAL

i VINO II farmer ana OutCn6r, SatuoIos
IN about twenty cattle 10 Lowell on tn,
l7th Of November, 1918, and drove then
TO Fryeburg, having previously mad'
arrangements to have car for shipment
On his way he learned through inquir!
by telephone of the station agent that NJ
car was there at that time, but was tolt
by the agent to put the cattle In the yarG
at the depot until the next morning
when Car would be there. Arriving al
the depot at about five O'Clock in the
afternoon, Mr.. Smith and his men pn
the cattle in the yard, and without noti
flying any of the railroad men that they
were there, left them.
During the night the cattle got out
two of the bars at the gateway being
broken in the middle. Part of the cattle
strayed down the railroad track, and
were struck by train, one OK and two
cows being either killed outright or so
badly hurt that they were killed to stop
their suffering, while three other cows
were bruised and injured. For these
damages to the cattle be brings suit.
There was but little conflict OF testi.
mony, the principal point Of disagree.
ment being as to the number of bars put
up. Mr.. Smith and the men who assist
ed him in closing the yard stated that
they put up four bars, which was all
they could find, though there were slots
for five in the posts. On the other hand,
witnesses for the railroad testified that
in the morning there were only three
bars in place, two of which had been
broken In the middle, while the other
two bars we're lying, one inside the yard
and the other outside, within three feet
of the barway, and were in the morning
covered with frost, while 1t was dry
underneath, indicating that they had
been lying there all night.
Three bars were brought by the de-
Tense as exhibits. Each Is made of two
boards strongly nailed together, each
board an inch thick and six inches wide,
and the length of the bars is about
twelve feet. The two which were broken
were essentially the same as these.
After the evidence was in Mr.. Bisbee
moved that the jury be instructed to re-
turn verdict for the defence, but Judge
Spear declined to grant the motion.
Judge Spear instructed the jury that
while there might be an action against
tue railroad for failing to provide a car
when it had agreed to do so, that had
nothing to do with this case. Neither
was the railroad under obligations to
provide yard for the cattle, but having
provided q yard and permitted its use,
the railroad was bound to make that
yard reasonably safe for normal cattle.
If it failed to do so, it was negligent and
would be liable for damage resulting
from that negligence, unless the plaintiff
by bis own contributory negligence had
had part in producing the conditions
which led to the damage.
Hon. James S. Wright was attorney
for the plaintiff Smith, and Col. George
D. Bisbee was counsel for the railroad,
with the assistance of his grandson,
Spaulding Bisbee, who has recently been
admitted as member of the law firm Of
Bisbee and Parker. Spaulding Bisbee
opened the defence in this case.
The case went to the jury in the latter
part of the afternoon Friday, and at the
time of suspending for the day they had
not reached an agreement. They were
therefore left In charge of the officer,
and the next morning they returned a
verdict for the plaintiff in the sum Of
S2O4.65. The case will 60 to the law
court.
ALL ABOUT A LIGHT RED STEER.
A score or more of the residents OF
Brownfeld were in court Saturday
in an attempt to determine the owner
ship or the identity of one light red
steer. The suit was brought by Albert
X. Hill Of Brownfield against John
Hodgdon of the same town. The steer
is now, or was when the suit was
brouhgt, in the barn of Mr.. Hodgdon.
To cut out the mass of the more or
less interesting testimony, it may be
stated that Mr.. Hill claims the steer as
one that he bought of Charles Norton In
the fall of 1912, and which remained In
his possession until late in the fall OF
1914, when 1t was taken from bis mead
ow by Mr.. Hodgdon and another man.
On the other hand, Mr.. Hodgdon
claims the steer as one which was drop
ped in his barn early in 1918, which was
one of pair and he had ever since own
ed him.
1t appeared that Mr.. Hills light red
odd steer and Mr.. Hodgdon's pair Of
light red steers were tnrned out In the
summer Of 1914 in pastures at some dis
lance from home. When the cattle were
brought home 10 the fall, some Of them
were missing, and Mr.. HOdgdon found
two black steers with Mr.. Hills cattle
and was allowed to take them home.
Later he went and took home from Mr..
Hills meadow the light red steer, which
both be and Mr.. Hill now claim.
Mr.. Hill claims to identify bis steer
particularly by bunch or wen on Its
belly. When a few weeks since the
steer was examined in Mr.. HodgdoD's
barn, a scar appeared In place OF the
bunch.
On Mr.. Hodgdon's part the steer was
identified by high horns, curly head, and
a noticeable wart on its ear.
The Identification of the steer was
quite positive by number OF witnesses
for the one side and the other.
Alton C. Wheeler was attorney for
Mr.. Hill, and Hugh W. Hastings OF
Hastings & Son of Fryeburg conducted
the case for Mr.. Hodgdon, with Mr..
Wright as assisting counsel.
Quite a part Of the day Saturday was
occupied with this case, which went to
the jury we'll along in the afternoon.
After being out few minutes they re-
turned verdict for the defendant.
NOTES.
In the new entries made this term
there are twelve divorce libels, which is
considerably smaller number than
usual.
Lawrence Lavorgna Is again interpret
or for the court for Italian speaking wit
nesses, as he has been for number of
years, with the exception OF a very few
terms.
No divorce cases have yet been heard,
and it is understood that Judge Spear
will hear none until after the work OF
the juries Is finished.
THE GRAND JURY's WORK.
From Tuesday morning till late In the
afternoon of Friday the grand Jury kept
busily at its work. 1t then reported,
returning considerable number of In
dictments. As anticipated, there were
two indictment for murder. The In.
dictments made public are as follows:
Prescott Edward Pratt of Paris. Murder.
Antonio Ruscio of Rumford. Murder.
Dominick Pocius of Rumford. Nuisance.
= John Carney and Gerald Sherry, both Of Rum.
ford. Two indictments for larceny.
Matthew Mcleod Of Rumford. Assault on
officer.
Clara Vaughn of Peru. Larceny.
Herbert Mcdowell Of Rumford. Assault and