Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-01-19
Robinson VS.. Jones


inson VS.. Harry G. Jones. B. F. Maher
of Augusta was counsel for the plaintiff
and George w. Heselton of Gardiner for
the defendant.
The plaintiff claimed on Oct. last or
Whereabouts he was in the employ of the
defendant at his farm in Gardiner and
that while the plaintiff and the defend
ant were at work ploughing the defend
ant flung the plow out of the furrow, in
juring the defendants legs and back SO
that he is unable to work and will be
permanently lame. In the second count
the plaintiff alleged that the defendant:
did the act wantonly and wilfully, as well
as in a negligent manner, which was al
legged in the first count. The plaintiff
sought damages in the sum of 5000
The defendant had filed a plea of the
general issue.
Mr.. Robinson, the plaintiff, testified
that on the date alleged or about that
time last October he was in the employ
Of Mr.. Jones, the defendant, at his farm
at West Gardiner Plaintiff is a car
penter and milwrght. The defendant
wanted Robinson to work at 81 per day
anu DOdTu Out ItODlllSOii tiiOuSllL ne "slS
worth more and Jones had told him to
work two weeks and then they would
make a change. Witness stated he was
a man who had been a drinker but he
had not taken drop for several weeks
and before the injury was in good shape
and was able to do a good days work.
On the day alleged Jones had been show
ing pair of horses to a man and he tol.
Robinson to hitch the horses in a syria
! cuse pow and they would start plough
ing Witness testified that Jones had toll
him he could not keep the horses wnerv
he Jones) wanted them. They We're
ploughing on swampy land and Jone.
had called to a man who was workin 9
in a ditch, to come up and put his
weight on the plow. They could not
make the plow do the work and, accord
ing to the plaintiffs testimony, Jones
seemed to get into a rage and threw the
handles of the plow over at Robinson
at the same time calling him violent
names The plow had gone over a COM
plete revolution. The beam of the poW
hit the plaintiff in the legs and the pro"
handles hit him in the small of the back,
knocking him down upon his hands ana
knees. Robinson testified that Jones
then began to rave about wrench and
flew into rage and ordered him to take
the ploW back to the barn. He could
hardly get up from the ground at nocs:.
He remained at the Jones place the re-
mainder of the week but was obliged =,
quit working there on account of his in
T., iN..
/ at Augusta and he has been under the
| charge of the doctor ever since then. Inc
! plaintiff described the injuries to his let
| leg and he testified that his condition
had been rapidly growing worse and tina
he cannot sleep now, although the inJ2-
ries to his left leg had seemed to ge;
| better He had tried to do little WORK
| since he received the injuries but he was
not able to.
| Upon croSS-eXamination by Attorney
Heselton the plaintiff testified that he
was IS years of age and that liquor had
never bothered his work. He said l.
he had ever told Jones he had alcoholic
neuritis. that he did it as a joke and
he said he had never used a cane be-
| fore this time. and that in going about
| the streets of Gardiner he never limped,
| Before he had gone 10 Jones' farm he
had never had rheumatic trouble. Plain
tiff testified that the pillow weighed
about zoo pounds and he testified that
he had never told anyone he was not
able to do any work and was staying
| at Jones farm because he was not fit
to do much. The plaintiff had lost no
| time from the time of the ploughing
until the day he left Jones farm and
| he said he went of his own accord to
see DIR. Coombs He had never called
Jones attention to the fact Jones had
! injured him. although he had told Mrs
Jones that the boy had got him into
such a condition he could not sleep.
Plaintiff testified that Mrs. Jones had
replied she was afraid that Jones in
anger would hurt some one.
William Mains of Gardiner testified
he was at work at the Jones farm at
the time of the trouble and that Jones
got mad and flung the handle of the
plow forward. the beam striking Rob
inSon in the small part Of the back and
knocking him down upon his hands and
knees. Witness said he had had trouble
with Jones about his salary. And he
testified he had said to Jones. For
Gods sake, Harry why didn't you keep
your temper"
DR.. George A. Coombs Of Augusta
testified that Robinson had first come
to him as patient October IS last
Robinson had walked in with a cane
and the doctor examined him. DR.
Coombs described the scars and bruises
he saw on Robinsons leg and he said
the left leg was swollen all the way
up from the ankle and was somewhat
discoored. Robinson had complained
| of pains in his back and his left leg
and had complained of great nervous
ness. The doctor had examined Robin
sons pulse and 1t was apparent that he
had valvular disease of the heart. and
he testified that on taking the pulse
Wednesday it was 124 beats to the min
ute. Upon cross-examination he said
that the result of hard drinking effects
the nervous system and that he did not
treat Robinson for alcoholic conditions
Qkn eInMhcH TRnIIplE