Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-07
ucker. Henry 0. Tucker and George
eaton.
Case Opened

Yeaton-
h Case Opened
4; Thirteen witnesses were sworn in
for the plaintiff The first witness
called was John H. Burleigh of Wa
terviile, civil engineer. who testified
regarding the survey and plan ne had
made Of the place where the accident
took place. He testified that from the
place wnere the first COW was hit one
could see up the line a distance Of
s2s feet- Upon cross-examination
witness said he IS brother OF the
piaintir in the action and the Burleigh
farm al sasSaiboro was his old home.
He said tina, his testimony regarding
tire distance one could see on the
track was for the person standing on
the track rather than from the en-
gine CAB where the engineer would be.
The plaintiff. Thomas G.. Burleigh,
testified that since 1881 he had lived
on the farm. The first knowledge re
had that ar accident had occurred was
when one OF the section hands came
TO him and told him that his cattle
were on the track and that a freight
train had hit and killed two. Mr..
Burieigh had gone down to the spot,
had found one OF the cows dead, had
tried 70 save the other. but as both
or It's hind legs were broken IL could
not be done. Charles Moore Of Vassal-
/ ooro had killed and dressed the Great
ure and the meat was cold for sss
Plaintiff testified regarding imported
stock n the line OF ancestry of the
cows killed, Caroline 5th. Plaintiff )
father. Hall {. Burieigh. late Of Vas
salboro. had imported the stock
Plaintiff considered fair market val
ue Tor the COW, Caroline 9Th. was $780,
for the COW. Ruthanra. $1,000. Upon
DISCRIMINATION plaintiff stated he
knew OF 10 I2year-old Hereford IN
1918 selling as high as $3.50. And
upon redirect examination plaintiff
testified regarding the value and the
/ pedigree OF the cattle.
| A good number of witnesses then
| gave their estimates Of the fair mar
ket value Of the cows killed. Edward
| A. Field OK Sidney. a dealer in cat
! tie, considered the value Of the COW
! Ruthanna $500. E. Q. Brown Of Vas
I salboro, an officer Of the New Eng
| land Hereford Association. estimated
( the value Of the cow Ruthanca $1,000,
and for the other COW. $50 John
\ Walker Of Newmarket, y. H, an Of
ticer Of the New England Hereford
/ ASSOCIATION. considered the fair
market value of the COW Ruthanna,
$1,000. Charles q. Brown OF Eassal-
boro thought the COW Pcthanna was
! worth SSQ0. and the other COW 500
Harry L. Garigus Of Storrs, CT, pro-
Of =, ~ u,
1 state college and an officer Of tile
I New England Association. thought 4
fair Market value q the COW Ruth
! anna was 1900. These were tn VAL
| ues as estimated by the witnesses.
/ men who were owners Of Hereford
cattle
George Nichols # Sidney testified
| that he had been in the employ of
the Maine Central Railroad u years.
He had heard the train whistle. 1t
| was running slowly. He had later
| found the cows
| c. E. Rollins of Nassalboro had
heard the engine whistle and had
/ later seen the two cattle that were
hill One was killed and the other
was injured
Logan Clark Of Sidney. a track
man, testified that the train was a
long one. He had helped bury the
cows. John w Moore Of East Vas
salboro testified that he had dressed
the COW which had been killed at.
ter the accident. and the COW had a
calf
The next witness was Fred S.
Mum OF Portland, the engineer. who
run into the cows. He had been run
ming regularly for Two years WIKI two
years experience previous. # and
On The train was going from Ban
gor to Portland Waterfalls had been
the last stop. Tie trair was going 80
miles an hour. He had not seen the
, cows until the brakeman who was
also in the engine, had called his at
tention 10 them. He had Immediate
~ applied the brakes and had blown
the whistle. Then the train stopped
witness considered the length Of the
train 2 good distance in which to
stop II and the train was made UP Of
d cars and the caboose. He testified
that he was or the wrong side Of the
engine TO see the cows. Upon cross
exc nlnari0n he stated that nothing
could have been don to stop the train
that he did not do.
The fireman on the train, A. ".
Johnson Of Portland, testified that
he was shoveling coal at the time and
did not see the cows, but that he had
heard the engineer blow tire whistle.
Z. |. Higgins of Portland, brake
man on the train. testified that as
the train went around the curve be-
fore the place where the cows had
been hit. he had been looking back
70 see If there were any hot boxes.
When he looked forward he saw the
cows and said to the engineer cattle
ahead" The engineer had immedi-
ateiy put on the brakes and blown
the whistle, and the train had
stopped. Upon cross-examination he
said he knew Of nothing that could
have been done that was not done TO
stop the train
After the testimony Of Mr.. Rg-
gins, the plaintir rested his case
and Attorney Perkins for the de-
fendant, made the motion for non
suit on the ground that the plaintiff.
lad failed to establish liability. At
torney Eaton for the plaintiff, stat
ed that he had no testimony to con-
tradict that given by the engineer.
the fireman and the brakeman on the
Iy,S ~,