Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-11-20
SUPERIOR COURT.
hou-Suit in Levine W.. PapaiIss

. WaterviiIe. November, 10.
Court came in at 10 O'Clock this
morning. The first case for the jury
was William Levine against John
Papallas, Biackington and Perkins for
for defendant.
This was an action of forceable en-
try and detainer for the possession Of
a building that had been sub-let by
plaintiff To defendant. The PLAINTIFF
testified in regard to the rent pay
menis, the' service of the notice on
defendant. and stated that defendant
Was not in arrears. but that he want
ID the building for his own use. The
lease and the notice were introduced
in evidence. and plaintiff rested his
ease.
In the absence of the jury Mr..
Maher for the defense moved for
non-suit. and same was oroered by
the court on the ground that notice
cannot be served on another party:
that the notice did not end on rent
day: that the notice was given on the
first day of September and the deciar-
alton alleged that the tenentcy was
ended on the first day of October,
which would not be the full time re-
auired by law.
The next case was Gertrude E.
Hutchins VS.. Merle s. Mccartney. and
action for damages on account of in
juries claimed to have been sustained
by plaintiff from the bite of dog
owned by defendant Burieigh Mar
tin appeared for the plaintiff and A.
H. Bridges for the defendant The
plaintiff resided in Sidney. and on the
18th day of last August she went to
a neighbours. Mrs. Ramsey. to get
some butter. She said as she stood
on the piazza waiting for someone to
come TO the door. she was attacked
and bitten by dog owned by son
in-law of the Ramseys. the defendant
in this case. She tried to push the
dog off but did not succeed. When
Mrs. Ramsey appeared she spoke to
the dog and he left her. She said
that Mrs. Ramsey took her in, washed
her ankle where the dog bit her put
on peroxide, and she then went home.
DIR. Williams was called and he eau :
terized the wound. The plaintiff said
she was on two crutches for two
weeks. and used one some longer. and
that she suffered great deal of pain
with her ankle. She was unable to
do her ordinary work. Before the
accident she said she had done nurs-
ing. but had to give that up.
DR.. E. p. Williams testified that he
attended the plaintiff and she had evil
IDENTIFY been bitten by dog: that
there were several marks on her
ankle. and one puncture. such as
would be made by dog.
Other witnesses were called to cor
roboYate the statements of the plain
tiff.
The contention of the defense was
that il the plaintiff was bitten it waa
her own fault as she provoked the
dog by striking it with her parasol;
further, that there was an agreement
between the parties that. if the dog
was killed that was all the plaintiff
wanted; still further. that the plain
tiff was net injured by the dog.
Several witnesses took the stand
Mrs Ramsey said that when she went
TO the door the plaintiff was striking
the dog with her parasol: that she
eOoA aSf fh, put SoHic pcIOXfOe on tne
ankle. but did not wash it.. She said
the dog was clever and she did moi
know that it had ever bitten anyone
The defendant stated that he owned
the dog. that it was three years old
was a nice kind dog, that a child al
the house four years Did pulled il
around the house by its ears or its
tail. and never had any trouble He
also claimed to have seen the plain
ti6 away from her home a short time
after the trouble with the dog.
Or. Goodrich testified that the
PLAINTIFF had nat foot and broken
arch. and that 1t would he painful IL
abe walked very much.
The testimony was closed and Mr.
Bridges made his closing argument a,
the time of adjournment