Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-19
SUPERIOR COURT
Jury Awards Plaintiff S9S.96 in
Case of B. B. Hall VS.. Town of
Rome-Case of Standard
Oil Co. VS.. w. c. Kinds
Is Then Heard

non VS.. the Town Of Rome. an action in
which the plaintiff sought to recover
se7. so for sheep and lambs alleged to have
been killed by dogs. The plaintiff claimed
there was an agreement between the mu-
nicipal officers of the town of Rome and
Mr. Hall as to the value Of the sheep ana
the defendant town had refused to carry
out it's part of the agreement E. L. Nc
Lean Of the law firm Of Williamson. Bur-
leigh G. Mclean Of Augusta appeared as
attorney for the plaintiff, and George w
Field of Oakland was counsel for the de-
PENDANT town.
The plaintiff, B. 3. Hall, testified that In
1916 some of his sheep and lambs which
were pastured in Rome were killed by
dogs. He had found the four dead sheep
and five dead lambs during the last week
Of June and he had Immediately notified
G. H. LeBarron, one Of the selectmen Of
the town Of Rome. LeBarron had asked
him the value Of them: plaintiff had said
SO each for the sheep and IS each for the
lambs: LeBarron had answered 'All
right" Mr.. Hall had later gone to see
Mr.. LeI3arron and had given him piece
of paper with the amount SIS written on
it. Subsequently he wrote to the town
officers saying he hadn't received the
money and he had received a postcard
from Mr.. LeBarron, who had written
that he could not make out town orders
but he would have Mr.. Halves attend to
1t. PLAINTIFF had later received town
order for $65 from the town but he had
returned it. Mr.. Downs had told him it
was to pay for his sheep and plaintiff
had answered that 1t didn't include the
so per cent. additional for damages as bv
the State law. When he had carried the
bill to Mr.. LeBarron he had EXPLAINED
that there should be 80 per cent. addi-
tional
George Hall of Mt. Vernon. son OF the
plaintiff, testified that he recalled Mr.. Le-
Barron going to look at the dead sheen
and that Mr.. LeBarron had agreed to the
price Of $40 for each Of the sheep and
80 for each lamb. There were four sheep
and five lambs found dead
Frank Hall of Mt Vernon testified that
$40 each for the sheep and IS each for
the lambs was agreed upon at that time
by Mr.. Hall, the plaintiff and Mr.. Lee
Barron.
The defense was a denial that there
was any agreement between Mr. Hall and
the municipal officers of the town as to
the price to be paid by the town of Rome
The only witness for the defense was
George III. LeBarron. who in 1916 was a
selectmen of the town of Rome. He tes-
tilted that he did not agree to pay Mr.
Hall $40 each for sheep and IS each for
lambs but had said he would take 1t up
with the other selectmen. He had re-
ceived two cards from Mr.. Hall, the last
having written upon it the sum of s97 So
He had not seen Frank Hall at the time
he was at the pasture with q. B. Hall.
Another Civil Case
The other civil case taken up during
the day was that of the Standard Oil
Co Of New York vs. w. G.. Kinds of
Winthrop. In this action the plaintiff
corporation claimed the sum of $12S.15
for gasoline ordered by E. e. Allen of
Winthrop, who the plaintiff corpora
ton claimed was then at the Kinds
place at Winthrop. The plaintiff cor
poration claimed the gasoline was or
dered by the direction of Mr.. Kinds
and it was charged to him. Five wit
nesses were sworn for the plaintiff cor
pOration.
M. f. Sawtelle of Augusta appeared
as counsel for the plaintiff corporation
while the defendant was represented by
L. T. Carleton of Winthrop.
The first witness was Willis Mer-
rll of Winthrop, driver Of tank wa
gon of the Standard Oil Co. He testi-
fed regarding deliveries Of gasoline he
had made at Kinds garage at the re-
quest Of Z. E. Allen. He said he had
seen Mr.. Allen at the garage and he
testified that upon several occasions in
1915 gasoline he had delivered there
had been paid for by Mr.. Allen with
checks of w. c. Kinds. In 1915 Mr..
Kinds had unlocked the gas tank so
he could make a delivery of gasoline
which had been ordered by Mr.. Allen.
Witness had seen packages at the ga
rage containing garage supplies mark
ed for Mr. Kinds
Upon cross-examination Mr.. Merrill
said he did not know how many de-
liveries of gasoline he made in 1915 or
what quantities he delivered He had
not been informed that Allen was
running the garage for himself and
that Kinds had nothing to do with it,
w. H. Dyer, local manager of the
Standard Oil Co., with headquarters at
Lewiston and Augusta. was the, next
to testify. He said that in brief time
after delivery Of gasoline an original
bill is sent to the customer and a du-
plicate is sent to him, enabling him
to keep track of the transaction. In
1916 it had come to his attention that
the gasoline account in question had
not not been paid. Witness had gone
to see Mr.. Kinds to collect the bill but
the account had never been paid.
Upon INSTRUMENTATION Mr. Over
said that on his third visit to try to
collect the bill he was informed that
Mr. Allen had gone to Portland He
later saw Mr.. Kinds in his orchard
about the bill but did not present any
bill TO him. Mr.. Kinds had not told
him he had nothing to do with the gar
age hut had asked him if he had seen
Mr. Allen about It,
Edward f. Allen Of Portland testified
that in 1915 and 1916 he worked for Mr..
Kinds at Winthrop. having charge of
a garage for Mr.. Kinds. He said that
in 1915 he purchased gasoline and he
paid for 1t with Mr.. Kinds checks. He
had ordered the gasoline in question