Daily Kennebec journal., 1916-03-15
SUPREME COURT
Decision for the Defendant Civ.
en- Tuesday in Elwood VS..
Earle Malpractice Case

decision for the defendant was given
at Tuesdays session of the supreme
court in the case Of Arthur H. Elwood of
Augusta vs.. F. E. Earle Of Canaan for
alleged malpractice. The jury was out
on the case just two hours and Is min
utes.
AT the afternoon session the court was
occupied with the case of Forester vs.
Sawyer. which will be continued this
morning
The morning session was taken DIP with
the arguments of Attorneys Merrill and
Morey and Associate Justice Madigan's
charge to the jury in the Elwood- Earle
case. The jurors took the case under
consideration at 1890 1. NJ. returning at
2.45 P. NJ. with their verdict.
Forester W. Sawyer
The next case before the court was
that of Frank Forester Of Pittston vs.
Herbert B. Sawyer of Augusta for al
legged breach of covenant. George w.
Heselton of Gardiner was the attorney
for the plaintiff and John E. Nelson of
the law firm Of Andrews & Nelson of this
>ies @ppCdi Gu lOT lHe uSIenudlt. III tnlS
case the liability is admitted; the ques-
ton to be decided by the jury was simply
one of the amount of damages.
In opening the case Attorney Heselton
stated that the defendant had sold a
piece of land with buildings on it near the
kennebec river at Pittston. The plaintifr
paid $500 for the property. Next to this
property was one of the houses Of the
American Ice Co. and a right of way to
| this building went across the land that
Mr. Forester purchased. The question
was as to the difference In the value of
the property with and without the right
of way across the premises.
Six witnesses were sworn for the plain
tiff
Mr.. Forester. the plaintiff, testified
that he had purchased the real estate
from Mr.. Sawyer, the land being five
acres more or less. And he testified that
the ruts made by the teams across the
property cut up the land badly and teams
were going back and forth daily although
no ice is now stored in this ice house
On one day teams went by the house 4:
or 50 times. He had placed logs down tc
keep the teams of the American Ice Co
from driving near his house and tearing
up his flower garden. He considered tha,
the property was not worth half as much
with the right of way upon it as without
it. He first knew about the right of way
two years afted he purchased the proper.
ty. Part of this right of way is now
washed into the river.
Mrs
that she had kept memorandum of tn,
teams and persons passing along the righ
OF way from October. 1915, to about the
first of February this year. She said thai
one week it seemed to her that team,
were passing by the house about ever,
10 minutes. She had tried to build a flow
er garden near the bank of the river
/ Edward NJ. Morton of Pittston testified
/ that he considered fair market value
/ Of the property on Jan. 90, 1915, withou
the right of way there 5000. and the mar
ket value of the house with the right o.
way there was not more than $3.50. Ant
he testified that the right of way almos
ruined 1t as a residence.
, pom cross SS-examiration he testified
that he does not know now Just where
the right of way is located as he has
not seen the property lately.
Witness on re-direct examination de-
scribed the way indicated by the wheel
ruts at the time that he saw the
property.
George McCobb of Pittston testifief
that he had hired the place for two
years. In his opinion the market value
of the property on Jan. 20, 1915, with
out the right Of way on it was $500 OF
$500, while with the right of way the
value was about hall
Fred Wodell Of Pittston gave testi-
mony that he considered the fair mar
ket value Of the property on Jan. 20
1915. without the right Of way there
between $500 and 5000, but the righ,
of way there reduce the market value
one-third or one-half.
He testified on cross examination
that the presence of the right Of wa.
would hurt the sale of the place ant
when he last saw the right of way las
fall it was badly cut up.
Charles c. Marks Of Randolph tes
tilted that he had been in Pittstor
more or less all his life and had livet
upon the place where Mr.. Forester
now lives.
Defense Opened
Attorney Nelson in opening the de-
fense stated that the claim of the de