Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-13
SUPREME COURT
Court Directs Verdict for the
Defendant in Case of Merrill
VS.. Odiorne - Plaintiff Is
Non.suited in Gordon VS..
Hutchins ct al Case

Cornish and was returned by the jury
in the case Of o. P. Merrill of Pitts
ton VS.. Joseph E. Odiorne Of White
field at Thursdays session of the SUI
preme court upon the motion Of A. S.
Littlefield of Rockland who, with G.
A. knight of Gardiner, appeared as
counsel for the defendant. The ground
for the motion was that the case at
that trial was no different from the
case as it had been tried before eX-
cept for one or two points, which may
have been dwelt upon to greater eX-
tent at the trial this term. The law
court had set the former verdict of
$4,000 for the plaintiff aside on the basis
Of contributory negligence, and Mr.
Littlefield argued that the law court
must come to the same result in this
case the evidence and testimony be-
ing practically the same as at the for
mer trial.
Associate Justice Cornish stated that
he was convinced that if a verdict was
returned for the plaintiff by the jury
the law court would again set it aside
and that as matter of law he must
direct a verdict for the defendant.
The case of Olga NJ. Gordon of Pitts
ton VS.. W. D. Hutchins of Augusta ct
al. was also before the court at the
session but before the defense in the
case was opened the plaintiff was non
suited on motion of the defendant. Err
nest L. Mclean, who with Frank E.
Southland appeared as counsel for the
defendants. contended that the action
was improperly brought and moved
that the plaintiff be non-suited. The
motion was granted by the court
The Merrill vs. Odiorne case was re-
sumed Thursday morning.
Forenoon Session.
At the opening of the session Frank A
Sullivan of Boothbay was called to the
stand by the defense. Witness testified
that he was living in 1913 in Pittston and
was a frequent caller at the Merrill home
while Mr.. Merrill was suffering in bed
with a broken leg He said that upon
two different occasions when he called
upon Mr. Merrill he saw the weights rest
ing in a chair at the foot of the bed and
upon one occasion Mr.. Merrill had said
that he was not suffering so much for the
weights were on a chair. Upon another
visit witness had noticed that there were
no weights on the rope and later he had
heard Mr.. Merrill say that the doctor
was through with the case and wanted
him to go to the hospital. Witness mad
also heard Mr.. Merrill say that he would
like to swipe DR.. Odorne across the
mouth.
Witness upon cross-eXamination by At
torney Heselton stated that the first Sun
day he had called on Mr.. merrill the
broken leg was lying out in bed.
Mrs. Sullivan, wife of Frank A. Sull
van, testified that Mr.. Merrill was given
liquor after he had broken his leg. Witt
ness had been employed as nurse. assist
ing in caring for Mr.. Merrill and at diff
ferent times she had seen the weights in
a chair. She testified that the hot water
bottle as it had been wrapped up could
not have burned Mr.. Merrll's leg. Mrs.
Sullivan stated that she had told Mr..
Merrill that he shouldn't release the
weights and he had answered that he
would do as he damn please. She had
warned Mr.. Merrill to lie fat on his back
and not sit bolstered up in bed and she
had testified that she had seen Mr.. Mer-
rill move his leg with his hand. She had
heard Mr.. Merrill say that Drs. Simons
and Odiorne had reset the leg and had
advised him to go to the hospital but he
wouldn't go.
Upon cross examination witness said
she had heard Mr.. Merrill say one day
that he thought he had union in the leg
but the doctors did not think so.
John w. Dockendorff of East Pittston
said he had called occasionally upon Mr..
Merrill. He heard conversation one day
at the house to the effect that the weights
had fallen off just before. Witness had
seen the weights off and one night when
he was called there Mr. Merrill had said
to him that his leg panied him so much
that he had to set the weights off.
Maude Dockendorff, daughter of John
w. Dockendorff, testified that she hac
had considerable experience in nursing.
One night she was called to Mr.. Merrill S
house and had administered morphine
four times to Mr.. MerrilIs arm. Witness
heard Mr.. Merrill say about seven weeks
after the accident that he was going q
remove the weights if the doctor did not
Mrs. Merrill had come to her to try to en-
gage her as nurse for Mr.. Merrill, saying
that Mr. Merrill would take the weights
off and she thought someone outside OF
the family could do better with him
Mrs. Merrill had said that DR.. Odorne
wanted Mr. Merrill to go to the hospital
and that Mr. Merrill must either have a
nurse or go to the hospital
Witness testified upon cross-examina-
ton that Mr. Merrills heel was all right
when she had raised it and had put the
pad under it.
Elite DockendorH, another daughter OF
John Dockendorff, gave testimony which
corroborated certain testimony given by
the previous witness. She also testified
that she had heard her sister telephone
that Mr.. Merrill was ready any time to
have the leg reset by the doctors.
Mrs Cora Taylor of East Pittston was
the next witness for the defense. She
was at the Merrill house when Mr.. Mer-
rill was brought in with a broken leg.
Mrs Merrill had frequently spoken to her
about Mr.. Merrill suffering greatly with
pain and had once said to her that Mr.
Merrill was suffering from pain and they
had released the weights.
Dr.. Odiorne Again on Stand.
DR.. Odiorne. again on the stand, testi-
fed that he had asked Mr. Merrill FOR