Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-09-06
SUPERIOR COURT
Case, Sheaf vs. HUI
Is Heard

49, 4410A -
Perssnal Iniury Case in uiinh Ar-
sasnsnts Will De Mads This sstur-
day Mnrning Criminal Dnrisst
VIII h called IT 2 p. M. Tulsa
day
fridays session Of tins supsriur
court was occupied with the case
of Fred r. Sheaff of Augusta W..
George Huf of Edgecumh an action
for personal injury which the plain
LII sustained while in the employ of
the defendant al portable sawmN
al Southport. Damages were claim
ed in the SUM Of slA.0gh john Il.
NalssH Of the law firm of Andrews &
Nelson of Augusta was attorney fur
the plaintiff. while Arthur S. Little
field af Rockland ana c. R. Tupper
Of Bpetf1bay Marhw Wsse counsel for
the descendant.
The plaintiff claimed that On tine
18th Gay of February last the dsfend-
ant owned and operated al South
port a portable sawruill, that i'm
the conducting of the business Of the
mill tine defendant employed mare
than five men, that the defendant
was net an asserting esnplayer under
the provisions of the Workmsnts
Compensation Act of Maine but had
negierted and refused To accept the
proviEiohs for this ACT for his own
g. - k1,e
workmen, prsferring rather 10 take
his chances eff suits al common law
for injuries that might errur~1o the
workmer; that On the date before
mentioned the plaintiff was in the
employ of the defendant as sawyer.
that II WIS the duty Of the defHndanT
10 provide the plaintiff a reasonably
safe place IN which TO work and rea-
sonab1y safe tools. appliances. and
machinery. but that The defendant
had allowed to exist an ahnormally
dangerous condition.
The plHintiH set forth two counts
the first, that there was No lacEa pull
ley that the engine could drive the
blower without driving the saw; and
second, that the entrance to the nil
beneath the saw was dangerous and
defective in depth and length and
that the entrance had been allowed to
becume clugged with saw6iust. west
bark, etc- And tins piaiursR damned
that wfIiie in the performances uf his
duties IN cleaning cut the saw PIT his
right hHnd bad come in contact with
the saw and ne had lest the thumb
and forefinger, that ne had suffered
meutaA' and physically, had been
put to expense for medicines and doc
tors charges and that his earning
caracity had been reduced for the
rest Of his life.
The first testimony was given nv
Inc plaintiff, Mr. Sheaff OF Aurus-
TT. He is q wears dr aee and is
woed-sawver by trade. He testified
regarding his work as sawyer al the
mill 1T Southport and started that one
If his duties was 20 slide down into
the saw pit in order 10 clean out the
spout lie statpd that the pit was
moi so deep as 1t shoul. have been.
that sswdusf and chips had been al
Swed TO accumulate in the nit
while he had been out sick and that
AhriN was iip ibDSt pDlleS SO LIE SHW
could be stopped without stopping
the engine. Plaintiff testified regard
ing the injury to his right hand
while he was attending ID his duties,
stated that now he cDnld work an q
sawyer only II a rfghf-handed ma
chine because OF the signalling. He
had been earning g. % day besides
his board which was reckuned at 81
day He was unable To work fBr
about II weeks, he had spent Some
SiS.a for doctors charges and alse
a sum fur medicines and bandages
He is now earning $4.50 piling logs
for a time.
T Jnseph Bishup. WIN was employed
at the mill while MIR. Shenf was there
also testified for the plaintiff.
Defense
The DEFENSE in the action as stated
by Attorney Tupper was that the
provisions of the Workmen's Com
pensatinn Act do nut amply unless
there are more than five msn regn-
larry employed in the business, and
that this was a case where there were
never mnres than five man who con-
stitufed the whole crew of the mill.