Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-24
SUPERIOR COURT

Waterville. June o.
The first case for today was Gle. Ethel
r. Libby of Clinton VS.. Maine Central
Railroad Co. Andrews &; Nelson and
Frank G. Harrington. Esq. appeared for
the plaintiff. and Johnson 6; Perkins rep
resented the defendant. No Git, Lewis
F. Libby VS.. Maine Central Railroad, was
tried with this case. The suits We're
brought to recover the value of a set of
buildings and the property therein con-
tanned, destroyed by fire claimed to have
been set by locomotive of the defendan;
corporation. Mrs. Libby owned the farm
and building and asks for damages in the
sum of 5000 Mr.. Libby owned personal
property DANA ged, as he claims, to the
extent of $4,000. The buildings consisted Of
a house with ell attached shed, barn, hog
and icehouse About all the furniture,
clothes and cooking utensils, stoves. etc,
were destroyed No stock was saved from
the barn, and the hogs were burned in the
hoghouse.
Mrs Libby took the stand and described
the furniture and placed her valuation
upon it. Also her clothing, and the cloth
ing of her son. Mrs. Libby said that the
fire occurred May IS. 1915, when every
thing was very dry, and that there was a
high wind blowing at the time the build
ings burned She first stated that she
bought the farm in 1914, that the buildings
were in good condition at the time of the
purchase. and that many improvements
had been made since the purchase; that
all the buildings were painted white with
green trimmings. Mrs. Libby said that
about the time of the fire she had looked
out of her bedroom window at night and
had seen engines working hard on the
grade of the railroad that passed near
her house: that those engines threw off
sharks. lots of them. and one night she
said she saw sparks light by their we'll.
She said the night of the fire she was
sick her husband gave her medicine
about II O'Clock. She lay down but
had not gone to sleep ana about half
past II she work and found the build
ings were afire. When she and her hus-
band got out the barn was afre They
broke in a door of the barn but it was
too late to save any of the stock.
Mr.. Lewis testified to the same facts
in regard to the time of the fire, etc.
the loss of his clothing, implements and
farming tools, heavy and light wag-
ons harnesses, etc Five new mich
cows were burned. which he valued at
s65 each; two hogs worth 500 TO MIN,
two horses, valued at $500.
Charles F. Proctor, who formerly
owned the Libby farm. testified as to
the amount of repairs he had made on
the buildings during the time he was
on that farm, the condition of the
buildings at the time of the fire. and
also in relation to the grade of the
railroad back of the Libby buildings.
Carol Lincoln of Clinton testified
that he lived a quarter Of mile from
the Libby buildings and stated that he
had a fire on his land near the roll
road just previous to the Libby file,
and that it started just after train
went by And he thought there was
another fire on the line between his
farm and the next one, and that 1t IT
started Just after a freight train went
bv He said his field along the railroad
was dry that spring.
Richard T. VIM, who lived about
three quarters of a mile from the Lib
bvs said he had a fire on land he oc-
cupied that same spring, on the same
side of the track as the Libby house
that started from a train; frelgft
train had just gone by
Wilton H. Hunt. the next netghbor
north of the Libby's, said he was form
erly foreman of the section crew OF
the Maine Central He remembered that
the spring of 1915 was very dry. and
that there was a terrible wind the day
the Libby buildings burned. Also. he
remembered seeing place on the VIM
land where there had been fire. but
did not know when it burned; and that
they had quite a few fires that spring.
He said that all engines threw sparks
as they passed along that grade. La
ter he said he did not mean all engines.
Alvin B. Brown, of Clinton, car
penter and contractor, testified as to
repairs he made when the Libby's
bought the place. He said it would cost
$4,000 to replace the buildings as they
we're before they were burned down.
Mr. Perkins opened for the defense,
then put John H Burleigh, civil engi-
neer, on the SCdnC. he eSpldlHeu' d pan
Of the location. and gave the distances
of different points from the railroad.
He said the distances from the north
west corner Of the main house to the
railroad track was 1858 feet.
Several railroad men were then
placed on the stand, engineers and
flremen Of trains that passed the Lib
by buildings that night. Archie Carri-
gan. engineer of No. 339, freight, said
he was east bound and arrived at
Burnham at 1.25 that night, and oppo
site the Libby farm at about 1.2o. He
saw the fire. whistled a fire alarm
(Which woke Mrs. Libby, and kept it
up at intervals until he arrived at
Burnham.
F. w. Stilkey, fireman for Dir. Car
rigan, corroborated the engineers
statement.
w. F. Waterman. engineer, ran
train 337, freight, by the Libby farm
the night Of the fire about 1855. He
saw no fire.
Chas. w. Reddy, fireman to Mr..
Waterman. backed up his statements.
Purdy Robinson. fireman on Maine
Central, fred on train 336 the night Of
the fire, and passed the Libby farm,
Purph2