Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-03-16
SUPREME court
Verdict of $3.50 Awarded Plain
tiff in Case of Forester VS..
Sawyer-Final Adjournment
of Term Expected Today

A verdict of $50 for the plaintiff
was returned at Wednesdays session
of the supreme court in the case OF
Frank L. Forester Of Pittston VS.. Her
bert b. Sawyer of Augusta for alleged
breach of covenant. After this trial,
which was the last to be heard before
the jury, all the jurors were finally ex-
cused but the court was in the session
throughout the afternoon for the hear
ing of divorces and routine matters
The court will probably adjourn finally
this forenoon.
In the afternoon the members OF the
two juries and the two supernumera-
ries were paid off by the county treas
urer. Bert p. Stuart, the entire bill for
the nine days amounting to s769.92.
Motion for New Trial
Frank A. Morey of Lewiston, attor-
ney for the plaintiff, filed a motion
Wednesday for new trial in the case
of Arthur H. Elwood of Augusta VS..
F, F. Earle Of Canaan. in which YER
dict had been returned for the DEFEND
ant at Tuesdays session of the court
Pittston Case Resumed
Testimony for the defense was re-
sumed in the case OF forres'er 70
SAWYER when court opened on Weu
nesdav morning. This is an acton iol
1 alleged breach Of covenant, belng trieo
unon the question of damages.
II was discovered at the opening o.
,bo session that one of the jurors, II
= ,rrasL of Randolph, was ill and the
,,.o-,o,s agreed to go ahead with IL
men. 49, l..
! The first witness called was the oe
feriant n. p. Sawyer of Augusta
! witness testified that he had loriiie' - :,
ov.naa the Forester place and solo
.. Mr. FORESTER year ago last Jan
nary The frontage was compara'lsei'
,..a, land There were so or ~ 1rul
.,o,, , two-story house with BARN
witness considered fair market Naiu'
of the place decided with no iis".
,yav was $500 The right OF wa! VIZ a.
NOT create a damage OF more .n"n ~
nv $40. He testified that II Wouiu oe
advantage if it was provided 'ha' ~
,,sor maintain the right of way. IL,
, ,,a..;na in a place distant from VII
49, ,,.os an advantage because II pre-
'.+oa tho women left at home ifol
being lonesome. ;.,ss I'D
Toon cross-examination witness du
,;++ed that the class of travel was u,i
: ferent from ordinary travei o"
-, &c # consisted entirely Oh ~
teams and ice workmen.
Witness testified that the pace wa
; .',.,,.ont nv a rish. Of way when II
received the deed. He to'o '"e , 49,,
that the house was a very Wv
house kept in only fair repair anu un,
,1r Eorrester's occupancy nau
been occupied during part oi INC -, 4
Caor.e p Mansur of Plttston' 'iia'
Ian ~ the selectmen or tha' "" :,
trree wears, FIVE years lheii.'o
1880 testified that he had ll>eu
t -, en- wears and had known apo'
2 ~ r,rrester place for 80 years.
: "a b.an nut up at the ice mouse nee nee
t w., ,-orrester place beginning III 10
< aa continuing until about nine Se"
T " ,,ha loo company did not NOV
8 ~. too over the land in loaoihs {"
a ,ooa,rv Witness considered POW
g sa,- market value for the forles'
e 100 He was there last Win mel
s ~. If the board and others III aug -
~ sentember Of 1915. getting vow
20 no ice property. Witness "ou
e 49, tho MACE was worth 500 le
S n,itb the right of way to the Amer'cs
Ice Company. ;.ress 70
d Irpon cross-examination witness
=: ..eos t,at this was the only right
). way to the Ice Company's house Sc !,
= ,.nacitv of the ice house Is 4''VVo 'o'
!. In 1905 ice was put up there "i'he
h thouebt less than $4,000 tons In
e der to keep up the property the rig
r of way must be used all the ss+.g ys
d round as we'll as the more extend
d use III winter. ~
: In answer to the question asked
Attorney Heselton, Are Ice men
sirable people to deal with wine
said. In my opinion they are the oe
IN the world. I was once one myself
y The assessed value Of the property y"