Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-10-16

A verdict for the plaintiff for SSS2 %
was returned by the jury in the case
OF August Boucher VS.. the Cushnoc
Paper Co. Of Augusta at Fridays
session of the supreme court and at
the close Of the case both juries were
finally excused. Divorce cases were
heard by Associate Justice Cornish at
the afternoon session. Hearings upon
divorce cases will be in order at the
forenoon session today and on Mon
day especially assigned court cases
will be taken up.
This term of four days of jury trials
has been the shortest of any in the
history of the supreme court of Ken
nebec county. Announcement was
made Friday afternoon by County
Treasurer 3. P. Stuart that the jury
bill for this term amounted to 1865
and some odd cents.
| At the opening Of court Friday morn
! ing City Solicitor Nj. E. Sawtelle of
Augusta stated TO the court that in
the case Of the City Of Augusta vs.
| the Lewiston, Augusta & Waterville
; Street Railway the defendant was de-
! faulted for $3165.
! When the case of August Boucher VS.
the Cushnoc Paper Co. CT Augusta was
resumed Henry ]. Thyng Of Augusta,
timekeeper for the Cushnoc Paper Co,
took the stand and testified that Bouch-
err went to work for the company Oct
IS. 1911, and had worked for the COM
pany a number of nights, having on
the night of Nov. %, worked nine
hours.
Plaintiff on Stand
| The plaintiff, August Boucher tes-
tilted that he had worked extra time
on the clipper and in the sulphite
room but had never worked nights
| before in the room in which he was
1 injured.
Plea for Defendant
Attorney Nelson in his plea to the
jury for the defendant, reviewed the
testimony offered which tended to
show that there was a good light in
the wood room that night. He stated
that accidents will probably always
| happen in human experiences: that the
law requires the working man to use
ordinary care; that the employer can
not tell the employee to bow his head
every time he goes under a beam;
| that the plaintiff knew that the beam
and the truss were there; that the
floor undoubtedly was slippery; that
the testimony showed that the plain
| tiff had worked many other nights
at the mill; that he had carried in IS
sticks that night before he was in
| jured and had not hit the truss; that
the light over the saw was lighted
and that was just 20 feet from the
truss and there was a row OF lights
just a few feet away, over the bark
er, and there was light is inches from
the BEAM making in all some II OF Il
lights in the room: that If the lights
were out, why did not other members
of the crew say so; that Boucher must
use due care; that he went out in the
dark, took a stick as heavy as a bar
rel Of -four on his shoulders and walk
ed up slippery incline when 1t was
the custom to handle these logs with
a pick and the big logs with can't
dog; that if one man hires another
man and shows him safe way to do
the work and the other man does the
work in a dangerous way, is the first
man to blame and is the other man in
the exercise Of ordinary care? that
the defendant claims the plaintiff did
not get hurt on the truss but stepped
on the chain, slipped and fell down;
and that there was evidence to show
that Dostie and Boucher stated aft
erwards that Boucher had slipped on
the chain and fallen down.
Plea for Plaintiff
Attorney Maher in opening his plea
flor the PLAINTIFF stated that the plain
tiff had worked nights previous to
the accident in the clipper and sui
phite room and that the plaintiff hao
not testified that he had not put in
any extra time. He argued that the
company was negligent in allowing the
truss to be on the beam and provid-
ing an ill-lighted room to work in. He
stated that Boucher had worked in
that room; he knew the truss was
there and he should be careful to.
avoid It; that the room was not we'll
lighted; that the first light In the
room was over the saw according to
testimony; that Boucher asked for
lights the night he was injured; that
he was doing his work the best he
could: that the place was in gloom
ga ,yos Harkened On the question