Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-01-18
SUPERIOR court
Case of Robinson VS..
Cummings Opened
First Civil Case To Come up FOR
Trial At tne Tsrm-Wiil Be Fin
ished This Forenoon-crim'nal
Docket At 2 p. ~, Today

Ne ufSt C1Fu case up Aut - o. a.
the January term OF the superior ;
court vas that Of Herbert II. Robin
son Of Winthrop vs.. Charles a Cum
nings OF Winthrop. an action Tor
money had and received. which was
heard Friday. The plaintiff alleged
ma. detendent had sold him a horse
tor $3.50 IN cash and COW IN ex-
change. tia, defendant had represent
ID the horse as being sound and
clever. that an examination by vet
erinary surgeon showed that the
horse had curb on Is hind leg,
and .ha: the plaintiff returned the
horse 70 M. Cummings and demand
ed the money ne had paid for The
horse.
H E. Foster Of winthrop and 3.
2. Maher Of Augusta we're attorneys
for he plaintiff ard L = Carleton II
Winthrop vas counsel FOR defendant
The plaintiff Mr.. Robinson. test
fed that On Aug. - last he had gone
20 see Nj. Cummings about selling
him some wood and hay. Nj Cum
.-!ngs had said -Aa- ne had a horse
% sell and he did some plough,ng with
tins horse and another horse II or
Ger % show il off Mr.. Cummings
rad stated that the horse was straig.l,
and was all right. and plaintiff had
bought The horse for $3.50 n cash and
Ills cow n exchange. Two days latar
re MIR. Robinsonl had driven me
horse 70 Belgrade The morse Ud.Aei
well. but when i started % I-o-. I
showed iameIeSS n the lei 4eg.
The !aneness was noticeable al day
when the horse trotIed. When near
me bridge az Belgrade. pta.r had
trieG % stop me horse, but -ne horse
mad started 20 90 the o1neT way 2ad
M- Robinson had 10 Use The WHIP
Later re mad seen Nj. Cummings aGG
Id ,CId AIN thai the horse hal gene
Trong ana vas ia-1e- NJ. Cummings
ta,i answered ma ne horse vas
straight wl6c ne sCli 4 ard had
afterwards suggested .ha- Cr, y. z
Mauuocks examine re horse. D..
Nad6ocas hac discovered that ne
aore. rad "curp" On the ney- dar
plaintiff had 'ec the horse back -
II cummings barn and mad left =
There vas nobody AZ home there and
Mr.. Robinson had later .eiephoned
Nj Cummings thai re mad returned
,e horse. After that he and Deputy
Sheriff John Foster of Winthrop rad
zone - Mr. Cummings and BE had
asked for he money he had PAID
Mr.. Cummings. The horse vas ed
out BY Mr CUMMINGS. vino sad i
vas al riga1 ara SOUND when he solt:
Il Cummings had ia,ar sent he
horse back 20 Eoninson uv ID, smith.
ard Robinson had pu1 the morse n
ne barn and had exercised =.
pon cross exaDina..ol Oy At;cr
aev Carleton. plaintiff repeated that
Cummings had said he would ike IN
sell the horse 20 Robinson and ma.
he rad been working he team Tor
So ser cay. Since the horse rad been
sen, back . him. plaintiff mai used
he horse % Hau. wood and MANURE
Plaintiff do not remember ma re
Lad told anyone ne horse had be-
ro-.e !aIe since &c hai :. Z lis pcs.
session.
The rex witness vas Or. u Z
Lia4docks veterinary surgeon. v!o
-esrred nat re had examined ne
horse aad had found rat I rad
'curb' anu that there was excessive
saxion Of The back Joint when there
vas any weight upon il. Re found
70 particular soreness or swelling.
Witness stated that a horse Wit: 1
''.uro' on il IS generally understood
to re InsoIr6. Witness had spoken .
NJ cummings 1bou, the horse. ana
vas all right when ne LEI !, g..
Defense
TIE defense z he acton as ssax-
q ~ attorney Carleton. was ,ha-
here lad been 40 misrepresentation
~ M Cummings = ne sale Of ne
day and that Il vas not lame wa.ie
= was owned by NJ. Cummings. ana
K the horse had ne same fest, today
as I lad when Mr. Robinson oougr-
=, u would De worth every dollar
re mad paid for L.
a.. Cummings. the defendant n
TIE acton, testified that the horse
was never lame While ne owneG i
aid "a. &c had not nIsrepresenteG
me horse % Robinson. Cummings
had seen the horse -ecenL!. and said
Il vas poor but vas 40, lame.
Upon c9oss-exam.aa,:on by At.or-
ney Maker, defendan, testified that
he had i n mind 20 sell the horse
from almost the tine he had bought
i. tha, ne rad not seen the horse
anne ana did not know the horse
had a curb On i w.iIe ne owned
IT
Dr.. Charles Wakefield Of Augusta.
veterinary surgeon. testified mat
about Sept. l last re had examined
.ae horse at the stable of Mr. Cum
milsa TIE horse vas IN good aesh
but was lame. havtng Aardlv any use
OF one Of its hind legs. He found
rhe curb" On tie horse. but N his
opinion that had nothing 10 90 with
lis ,ameness. Any undue strain OF
the muscle would cause the conci-
ton n which &c found the horse. and
Re considered the injury recent enc
Last Wednesday witness had seen
the horse at Robinsons stable and il
went sound then. lie saw evidences
that the horse had heen worked. Up
the curb vas caused by some
strain Of the ugaments. The "cu-b''
IS still on tie horse and VIII always
be. but there vas no trouble with
the curb 50 tS as The laneness
was concerned.
James E. Sailing Of Winthrop
testified that he worked xcr Cum
nirgs. lad driven the hurse and rad