Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-09-09
SUPERIOR COURT
Case Of Cookson VS..
Gay ct al Heard

B = x
Plaintiff cIaims Damages fer injur.
lies She Alleges She Received
When Struck by Snow FalIins
from Dsfsndant's Building in
cardiner-criminal Trial List A..
nounesd Monday
Mondays session Of the superior
court was taken up with the case OF
Lizzie E. Cookson of Gardiner W.
William R. Gay and Charles H. Gay
Of Gardiner. an action for personal
injury which plaintiff alleged she re-
ceivsd at Gardiner on Feb. 8, 1913, by
the falling Of snow and ice from
building owned by defendants at 2s7
Water street, Gardiner. Plaintiff
claimed damages in the sum of
$4,000. Benedict F. Naher Of Augusta
was attorney for the plaintiff and
George w. Heselton Of Gardiner for
the defendants.
After the case had been opened by
Attorney Maher, the Jurors and the
attorneys went to Gardiner to view
the premises, returning before the
beginning of the afternoon session.
The plaintiff. Mrs. Cookson, testi-
fed that on the date alleged she and
her daughter-in-law were walking
along Water street in Gardiner and
when about midway of the window of
the Eastman bookstore at 2S7 Water
street, there was crash, something
hit her head and all was dark. Since
that time she has suffered from Sc
we're headaches, has received medical
treatment. and has not been able to
work out. She had previously been
employed at the shirt factory at Wa.
terville, at the shoe factory at Hal
lowell, and had a situation arranged
at the Hazard shote factory at
Gardiner at $1.15 per day. but could
not do the work on account Of dizzi-
ness and headaches. She had not
suffered from headache previous to
the day when she was hit by the
snow in front Of the Eastman store.
The following day her son told Mr..
Gay what had happened and Mr.. Gay
came over to her house. Plaintiff
testified that since Feb. 8, 1918. she
has lost in weight.
The next witness was Mrs. Ethel
Cookson, daughter. in law Of the
plaintiff, who testified that she was
walking along Water street with Mrs
Lizzie r. Cookson about 4 o'clock on
the afternoon Of Feb. s, 1918. A
they were In front Of the Eastman
GtAAA 80
looked UP Just in time to see junk
Of ice hit Mrs. Lizsie Cookson on the
top Of her head. Witness looked up
to see II there was any more coming
and saw icicles. along the caves of
the building. Some OF these pieces of
ice were a foot and a half long.
When the ice hit Mrs. Cookson she
staggered but did not fall, and wit
ness accompanied her to her home on
Robinson street.
Linwood Peters Of Randolph testi-
fed that in the winter Of 1854 he
had lived on Water street, Gardiner.
on the third floor Of the building by
Eastman's and he testified regarding
the formation Of icicles on the roof
while he lived in the building.
Everett H. Maxcy Of Gardiner, city
solicitor, testified that he Is custodian
Of the city ordinances Of Gardiner for
the purpose Of revision. Witness
read the ordinance which IL now in
force providing for the erection Of
rails on the roofs along Water street
to keep ice from sliding.
DR.. George A. Coombs Of Augusta
testified regarding plaintiffs condi-
ton. He had first seen Mrs. Cook
son on Feb. 20, 1913. when she had
complained of soreness Of the head
inability to sleep, ard loss of appe-
title. Witness had examined Mrs.
Cookson and had found symptoms Of
neurasthenia. The pulse was irregu-
lar and rapid. The cause of the neu-
rasthenia might have been a blow on
the head. The doctor described his
treatment Of Mrs. Cookson. He
thought she may recover from this
condition although he stated that it
is very hard to tell, where there is
any trouble with the nervous system.
Mrs. Cookson had weighed 1852
pounds when she first visited his Of
fee and weighed 1874 on Sept. 4,
1918. Upon cross-examination the
doctor stated that there are many
causes for neurasthenia.
Charles A. Brooks Of Augusta
testified regarding drawing he had
made Of the building at Gardiner.
George 8. Cookson of Randolph
the son of the. plaintiff in the action
also gave testimony.
Defense
The defense in the action as stated
by Attorney Heselton, was in brief
that Mr.. Gay exercised due care ir
keeping the roof Of the building free
from ice and snow, and further, tina,
the ice that hit Mrs. Cookson slid
from the roof Of the Bell Brothers
store and not from the roof Of the
building owned by defendant, as al.
legged.
The testimony in the case will be
resumed at the opening Of today'i
session Of the court.
- Trial List Of Criminal Cases
The trial list Of criminal cases 70,
the September term was given out
Monday by County Attorney Walter
M. Sanborn, as follows: r
S9-State vs.. Eli sClukey, Jr. and
Joseph yigue. Breaking and en-.
tering.
1oo-State vs.. Edd Marsh. Breaking
enterinz and larceny.