Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-12-16

A~4S@e1~ Nax
morning was that of John E. Doherty
ct al of Rockland VS.. Mary S. Russell
of Rockland, real action to determine
the title to certain real estate in South
Thomaston. The case is before the
court on an agreed statement of facts
Frank B. Miller of Rockland argued for
the plaintiff and L. NJ. Staples of Sta
pies, attorney for the defendant sub
mitted on brief.
The case stated by Attorney Miller
is to the effect that the land in 'ques-
ton was demised by Cornelius Han
rahan, prominent lime manufacturer
who died in 1898, to ]. w. Simmons
and his wife during their natural lives,
and their survivor. Mr.. Hanrahan by
his will named his sister. Mary Doher-
ty sole residuary legatee of the State.
Mrs. Doherty died in 1912 and left all
her estate to her sons, John and Will
liam Doherty, the plaintiffs in this &C
ton. A short time after Mr.. Hanra-
hans death divorce was secured by
on the ground of desertion and Mrs.
Simmons subsequently contracted
marriage with Edward G.. Russell. Mr..
Simmons married again and lived with
his wife on the premises until his
death in April, 1916. Last July Mrs.
Russell went onto the premises and
undertook to get possession. The ac-
ton was brought on the ground that
Mrs. Simmons was not his wife at the
time of the termination Of the life es-
tate at the death of Mr.. Simmons and
by such termination the Dohertys be-
came the owners of the property by
virtue of the will of Cornelius Hama
han and Mary I. DohertX.
Oxford Case
The next case was that of Tones
Zobes VS.. the International Paper Co,
an action 10 recover damages occa-
stoned as the plaintiff says by the
neglect of the paper company in not
providing a guard or fence around an
elevator we'll at it's mill at Rumford.
At the trial the court ordered non
suit and is before the law court on
exceptions. w. c. Whilden of Portland
argued for the plaintiff and Arthur S.
Robinson of Portland for the defend
ant.
Skene W Graham
The only kennebec County case ar
gued during the day was that of Skene
VS.. Graham, an action brought by James
w. Skene, formerly of Lewiston, now of
Augusta. to recover damages for inju-
ries alleged to have been sustained by
him N automobile Collision, HuhiCb
occurred Aug. Is, 1913 at the junction of
Western avenue and Sewall street in
Augusta. The case was first tried at the
March term of the supreme court in
1915 at which time a verdict was re-
turned for the plaintiff for s2175. Upon
motion by the defendant the verdict was
set aside At the second trial the jury
returned verdict for the plaintiff for
$1,000 and the case is before the law
court on motion and exceptions. Err
nest l.. Mclean Of the firm Of William
son, Burleigh & Mclean argued for the
plaintiff and L. c. Ryder of the firm Of
Ryder & Simpson Of Bangor for the de-
PENDANT.
Attorney Simpson in stating the case
said that the question was whether the
plaintiff seasonably turned to give the
Packard car in which the defendant was
riding, an unobstructed passage up Wes-
tern, avenue. The claim of the defense
was that the defendant was not negli-
gent in the operation Of the car. that the
chauffeur had to decide quickly whether
to continue his course or turn to the left
and he used his best judgment. and that
the plaintiff turned at the same time
The weight Of the Packard car was 5000
pounds and Of the plaintiffs Ford car
was 100 pounds. The defense claimed
that the plaintiff was guilty of contrib
utory negligence in coming down the
avenue at a fast rate of speed and not
turning in seasonable time and that the
Ford car was not properly registered at
the time and the plaintiff was therefore
a trespasser on the highway. On the
question Of damagessihe defense claimed
that any deafness of the plaintiff was
not caused by the collision but was of
ong standing. Attorney Ryder argued
that the testimony of Albert Hunt given
at the second trial, does not strengthen
the plaintiffs case from the first trial.
Attorney Mclean argued that the de-
PENDANT was in haste to go from Ban
eOT u TOIClauU, tndC Us CNe QOFln SlQe
of Western avenue was under construc-
ton and closed to traffic the plaintiff
was not on the wrong side Of the travel
ed way. Attorney Mclean then turned
to the exceptions after which he re-
viewed the testimony of Fred Brown and
Mr.. Hunt regarding the collision Of the
automobiles as we'll as the testimony of
Mr.. Haas, who drove the Packard car.
Penobscot Cases
Next in order were two Penobscot
county cases which were argued to-
gether, they being the cases Of James
F. Collins vs.. j. Frank Green, and
Herbert E. Rowe VS.. J. Frank Green,
actions to recover pay for horses which
the defendant took upon mortgages,
which are alleged to be invalid. The
case is before the law court on re-
port. L. B. Waldron Of Dexter argued
for the plaintiff and Benjamin B.
Blanchard Of Bangor for the defend
ant.
The case, as stated, was that Mr..
Green was a wholesale and retail horse
dealer at Bangor and supplied horses
for uorherf IT. StuhhS IF Nouporf a