The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-02-01

amount of damages.
A hog case opened for trial b,
! Judge Augustine Simmons of NORTH
Arson, Thursday night for the plain
! tiff, john Sabol VS. Henry Cyr of An
son, was settled out of court and en-
tered neither party no further action
In this case John Sabol, a Slav Of
Arson brought suit against Henry
Cyr. alleging Cyr caused the dealt
of his hog by forcing gravel down its
throat Cyr. it was claimed, was
found by Mrs. Sabol at night time
with his hands about the hogs head
or throat Cyrs defense was thai
he was not the man. This case was
and damages of SIS were claimed. w
b. Brown, Esq. OF Madison was at
torney for the defendant.
| The. case taken up Friday morning
was that of Forrest f. Wescott vs.
Henry Dionne OF Skowhegan. Merrill
& Merrill for the plaintiff and Judge
+. F. Lawrence for the defendant
The plaintir sued to recover the
value OF a separator which had beer
used by Henry Dionne who resides
on the Pitts farm below the village
and being placed by Dionne's son
Levite Dionne, in the Gordon barn or
the back road instead of the Phil
brick barn as Wescott claims he slip
ulated
The Gordon barn burned during a
thunder shower. resulting in the loss
of the separator. Dionne is unable
to understand and speak readily in
English and the mistake was the re-
suit of misunderstanding. The
witnesses were Wescott, Ben T. Stew
ard and truckman Sylvester for the
plaintiff and Dionne, Levite Dionne
and Joseph A. Chabot for the de-
Tense, the last named having acted as
Interpreter between Dionne and Stew
ard Elmer E. Gordon, deputy sher-
if, who owned the barn which was
| burned was also witness. The
case did not go to the jury for de-
cision as following the taking OF tes-
timony, Judge Cornish directed YER
dict for the defendant, saying there
was no legal liability of the defend
ant, and allowing the right of appeal
to the plaintiff. but with the provision
by agreement of counsel, that if ex-
ceptions are sustained the law court
may affix damages. William Brack-
EFT, foreman of the first jury signed
the verdict.
The case of the Coe Mortimer Co.
VS. A. B. Tracy assigned for trial last
week was disposed of for S486 with
out costs by agreement. The follow
ing, cases have also been settled
John K. Bean VS. Charles W. Powers
ct al Bean VS. p c. Thurston; Jonas
Edwards VS. P. C. Thurston and
Bean VS. Herbert w Bickford.
The case of f. E. Johnson VS. James
and Emma Brown was defaulted and
continued for agreement. In the
case of John r. Bean VS. Chas.. W. and
Eta NJ. Powers, the latter defaulted.
A couple of cases IN which Morse &
Cook of Bangor were attorneys for
the plaintiffs and w II. Fisher for the
defendants were referred to Judge L..
c. Cornish. p. C. Thurston was
the defendant in both cases and John
r. Bean was plaintiff in one, Jonas
Edwards in the other Case Of Jos.
Baillargeon VS. Tells Rodrique was
defaulted as was that Of John r.
Bean vs. Chas. N, Thompson, Jos.
Clarke VS. Georgia M. Cahill and ]. j..
Lander VS. Thomas Cahill
Judge Leslie G. Cornish opened SUI
preme COURT 1herv Mvnday forenoon at
II o'clock following an adjournment
since the Saturday previous. In the
cases OF Russell r. Cameron and Har-
old S. Moore VS. Thos. Cahill, Joseph
Clarke VS. Georgia Cahill and J. J.
Lander VS. ThOs Cahill, the default
was ordered removed and the cases
instead were assigned for trial on the
first day of the April term. The case
of S. T. Baker and Perley Priest VS.
Ralph Sterling assigned for trial yes
terday was defaulted and the case of
Clyde II. Smith VS. c. G. Brown was
entered neither party no further ac-
ton. Following the disposition of
these cases and other business of a
legal nature. the case of Holt & Hight
Of Skowhegan VS. Truman B. Carl of
North Arson was heard.
Judge F.. F. Lawrence represented
the plaintiff firm and Judge Augustine
Simmons of North Arson the defend
ant According to a contract be-
tween the two parties written at the
office of Holt & Hight in Skowhegan.
Truman Carl agreed to furnish them
two car loads of potatoes. 600 bushels
to a car at 40 cents q bushel before
October Is, 1915 loaded on cars at
North Arson. BY failure of the de-
PENDANT, as the plaintiff alleged to
keep the contract, the plaintiff claims
a loss Of 1850 this being the difference
between the contract price and the
market price of 20 cents bushel on
that day. Oct. IL, 1915, and the goods
of Truman Carl are attached in the
sum of $1,000 in this writ. Walter
H. Hight, the junior partner of the
firm who had most of the dealings in
the case was the first witness On
the 18th OF October, as the plaintiffs
claim. Hight went to North Arson to
see the loading Of the potatoes. He
found part Of car load, examined
them and found them all right. After
dinner Carts father and brother
brought two more loads which he
found were wet and muddy and not
fit for shipment until dried. The de-
PENDANT was called and after talking
together the potatoes were put in a
barn to dry off. Hight testifying he
would come to North Arson again
when they were ready to load A
week later he went to see Carl who
told him he considered the contract
broken because the potatoes were re-
| fused. The case was given to the
| jury Tuesday morning at 1890 they
returned verdict for the defendant
Carl.
The remainder Of the forenoon was