Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-12-19

The defense claims that the evidence
did not show that the plaintiffs at
tack Of typhoid fever came through
drinking water supplied by the COM
pany and that he could have caught it
from other sources, that it was not
shown that the company was negligent
in taking care Of the water, and that
II the water was poor the plaintiff
knew 1t better than the defendant, the
claim Of contributory negligence.
The only other Somerset county case
argued during the day was that of
Miles F. Bixler, doing business under
the name Of the Continental Jewelry
Co. Of Cleveland. Ohio. VS.. Perley A.
Wright of Detroit to recover the pur-
chase price Of jewelry amounting to
1892. The judge directed q verdict Of
$192, the amount sued for, and the
case comes up to the law court on ex-
ceptions to the directing of the YER
dict. o. H. Drake Of Pittsfield argued
for the plaintiff and H. r. Coolidge of
Pittsfield for the defendant.
The defendant claims that the con-
tract was secured through the agent,
r. /. James, who represented to the
defendant that the goods were to be
sent on consignment and that he sign
ed the order without reading it. The
plaintiff contends that misrepresent-
alton by the agent does not affect the
contract.
kennebec Cases
The first of the Kennebec county
cases argued at the session was that of
Jennie Gilman of Readfield, trustee un-
der the will of Nina Perry, late of Au-
gusta VS.. Helen A. Burnett of Bruns-
wick, ct ais. This is bill in equity for
the construction of the will Of Nina
Perry, who died in Augusta in January,
1916. leaving a farm and other property
to Jennie Gilman in trust to afford
home for one or two or more of the un-
married women who have been employed
in the straw industry in Massachusetts,.
The case Is before the law court on re-
port.
The income of the farm and home and
other property being insufficient to car
~ out the trust in the manner intended
the trustee asks the court to construe
some doubtful provisions of the will and
to authorize her to carry out the trust
for the beneficiaries in some similar
manner under the equitable doctrine Of
cy pres.
Melvin S. Holway of this city argued
for the trustee and Leroy L. Hight OF
this city for the several defendants.
Next in order were the cases Of Lewis
F. Libby Of Clinton VS.. the Maine Cen
trail Railroad and Ethel r. Libby Of
Clinton VS.. Maine Central Railroad, both
of which were argued together. These
are actions to recover damages for prop
erty at Clinton destroyed May 20. 1915
by fire, which the plaintiffs claim was
set by sparks from an engine Of the de-
PENDANT company. Verdicts were given
for the plaintiffs. $1143 in the first case
and $300S in the second. and the cases
are before the law court on motion and
exceptions. The attorneys for the
plaintiffs were Frank G. Harrington and
Andrew & Nelson of this city and the
defendant company was represented by
Johnson & Perkins of Waterville.
Attorney Nelson argued that fire after
fire in that vicinity were alleged to have
been set by sparks from the company's
engines. that witnesses had testified to
seeing sparks on the night before the
fire and that they had seen an engine
stuck on grade near the house giving
off sparks.
Attorney Perkins argued that all the
engines that had passed by the plain
tiff's property for several hours were
with Mudge-Slater spark ar
rosters and that as the buildings were |
$50 feet from the track 1t would have |
been impossible for sparks from the |
engines to set the fire.
Washington and York county cases |
are called for today's session.