Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-12-13
law COURT
December Term Opens on Tues
day at Observation-Disclosures
gin Cases Hold Attention of
Court on Tuesday

opened at 10 o'clock Tuesday morning
at the court house with the following
justices sitting: Chief Justice Albert
r. Savage of Auburn and Associate
Justices Leslie G. Cornish of Augusta,
George E. Bird of Portland, George F.
Haley of Saco. George M. Hanson Of
Calais and John B. Madigan of Houl-
ton. Androscoggin county cases occu-
pied the entire day. Aroostook county
cases are called for this morning and
Cumberland county cases for Thurs
day morning.
was offered by Rev. Paul S. Phalen,
which the docket of Androscoggin
cases was called.
The deputies assisting Sheriff Colby
Getchell at the term are Charles H.
harrington of Waterville and John A.
Foster of Winthrop. The reporter of
decisions is Terence b. Towle.
Lemieux VS.. Heath
The first case heard at the term was
that of Mary Lemieux of Lewiston VS..
Laura S. Heath of Augusta. an action
for personal injuries received in an au-
tomobile collision of the Heath and
Lemieux automobiles which occurred
Oct. 1, 1915. at Morang's Crossing in
this city. The case had been tried at
the supreme court for Androscoggin
county and resulted first in a disagree
ment and then in a verdict for the
plaintiff, and it came up to the law
court on exceptions and motion by the
defendant. The counsel for the plaintiff
& Morey of Lewiston and the attorney
for the defendant was George w.
Cover of Skowhegan.
The claim of the defendant as stated
by Attorney Cover in Opening the
case was that the injury arose not by
reason of the negligence of the de-
PENDANT or her sons but by the negli-
gcnce of the driver of the plaintiffs
car.
Attorney Cover then stated the claim
of the plaintiff. which was to the effect
that Mr.. LemieuX, her husband, had pur-
chased a new Chalmers automobile, q
large car weighing about $500 pounds.
and as it had not been registered, the
plaintiff in company with her husband
and some friends left for Augusta. The
automobile left Nelkys garage, Lewis
ton, at 10 A. NJ, and came to Augusta
by the way of Greene, Winthrop and
Manchester. Ned Bishop was running
the car. The car after crossing the
tracks at Morang's proceeded slowly
on the South side Of the road, accord
ing to the plaintiffs claim. and the
Heath car was seen coming towards the
Lemieux car on the same side of the
cars interlocked causing the Lemieux
car to overturn on the North side of the
road.
The testimony of Herbert Heath and
Gardner X. Heath, the defendants sons
who were in the Heath automobile at
the time of the accident. was then re-
viewed by Attorney Cover. They had
noticed smoke arising West of the city
and taking Mrs. Heath's automobile they
went out to investigate the fire. They
went UP the hill before reaching Mo-
rang's crossing on high gear and then
slowed down the speed of the car on
account of the jounce at Morang's
crossing. Herbert Heath was driving
the car and his brother was seated be-
side him. According to the claim of
NoA NiiSl anu 4AcfUcII 44Sdtu tIC OCCu.
pants of the Lemieux car were thrown
into the air when the car went over the
crossing and the driver Of the Lemieux
car evidently lost control for the car
swerved and struck the defendants au-
tomobile.
And in closing his arguments Attor-
ney Cover reviewed the testimony Of
other witnesses, some of whom saw the
automobiles just previous to the COLI
sion, and others who saw the tracks Of
the cars after the accident.
The claim Of the plaintiff as pointed
out by Attorney Chabot was that the
Heath car came towards the Lemieux
car on the same side Of the road. the
tiffs car. Mr.. Lemieux had purchased
the Chalmers car on that day, Oct. !, 1915
and was proceeding to Augusta to have
the car registered. The party had left
Lewiston at 11.30 A. M. and had gone
slowly to Augusta, making but one stop
and that at Monmouth for few minutes
Attorney Chabot said that the plaintiff
claimed that the fact the Chalmers car
was not registered had nothing to do
with the case and the attorney argued
that as the Heath boys we're on their
way to a fire they must have been going
at fast rate of speed. A number of
cases were cited by the attorney In pre-
senting the case. The plaintiff claimed
that the exceptions Of the defendant
could not be sustained.
Leeds Cases
The next two cases before the court
were those of Mccarthy, Jr.. vs.. the
Inhabitants of the Town OF Leeds &C.
tons against that town to recover dam
ages of the town for its failure to prop
erly keep in repair a bridge in said town.
The case is before the law court on an
agreed statement Of facts. F. A. Mercy
of Lewiston argued for the plaintiff and
Tascus Atwood Of Auburn for the defend.
ant.
Robinson; Apt from Decree
The case Of Thomas ]. Robinson, appel
liant from the decree Of Judge OF probate.
mas the next arRuod. It Was an ANIMAL