The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1921-04-14

Ton q 1OuHS, COIpoIdtioH uOlHS DuS-
mess at Hartland, to recover $722.73.
The defence was general denial of
liability. The evidence showed that
Hamilton & Young Company had done
business in Hartland some time prior
to July 10, 1918 and during the latter
part of that period had been engaged
in the manufacture OF cloth for war
work under contract held by M. & c..
Skirt Company, a corporation doing
business in Boston. The testimony
showed that the stock of the M & G.
Skirt Company was owned by the Con-
solidated Company, another corporal
ion doing business in Boston. The
Consolidated Company had three dir
ectors; the M. & C. Skirt Company had
three directors; the Hamilton & Young
Company at the time the debt was
contracted had three directors. Two
Of the three directors in each of the
three companies were the same men.
On July 10, 1918, the stockholders In
the Hamilton & Young Company trans
ferred to the Consolidated Company
ninety-two of the ninety-five shares of
the capital stock of the Hamilton &
Young Company. The correspondence
concerning the thread involved in the
controversy was all between Hamilton
& Young Company and The Thread
Agency. The defence claimed that on
July 10, 1913 or very soon thereafter
the M & G. Skirt Company took pos
session of the mill of Hamilton &
Young Company and conducted busi-
ness from that time until about Dec
"mber End. Of the same year, when the
M. & G. Skirt Company petitioned into
bankruptcy. Verdict was for the plain
/ tiff In the full amount claimed. A. X.
Butler and ] H. Haley appeared for
the Thread Agency and VIM. Folsom
/ Merrill for the Hamilton & Young con-
! Germ.
THE MAINE CENTRAL R. r. CASE
The case of William C. Ham, of Fair
field vs.. the M. c. Railroad Co., was
begun Tuesday forenoon. This is an
action brought to recover for Injuries
claimed to have been received by the
J plaintiff by being struck by the engine
OF the defendant Company on July IS
of last year. The case was opened by
Attorney w. T. Gardiner who with
/ John E. Nelson of Augusta appears
for the plaintiff with Carroll N. Per
kins and Thomas N. Weeks of Water
Vile as attorneys for the defendant
company. The accident will be re-
called by the people of this section of
the state, Joel Weeks sustaining in
juries which resulted in his death. An
automobile party composed of Mr.. and
Mrs Asa Jones of Brooks, with their
daughters, Hattie and Ida Jones and
Mr.. Weeks, the financee of Miss Hat
tie Jones had driven to Fairfield and
called at the home OF William c. Ham,
Mrs. Jones' brother. They had added
Mr. Ham to the party and were going
to drive to Hinckley when in attempt
ing to cross the railroad track on
Western Avenue in Fairfield they were
struck by the engine of train. Ac-
cording to the story of the defense, the
automobile, which was a Buick, was
picked up on the cow catcher of the
engine and carried distance of some
300 feet the plaintiff claiming that he
nor members of the party had heard
the train nor any sound OF bell ring
ing or whistling until the engine was
almost upon them. The defense
claims also that the Railroad company
In 1917 was ordered to put an auto
matte safety sign on the crossing
where the accident occurred but that
at the time of the accident the signal
had not been erected and further
claims that the Utilities Commission
had ordered the railroad company to
cut down bushes by the side of the
track, but that they remained there at
the time of the accident Mr. Ham Is
the only one of the party bringing
suit at the present tine. The first
witness called was Harry E. Green of
| Waterville, civil engineer, who made
plan Of the railroad tracks on Wes-
tern Ave. and described the same. Mr..
tracks and near the crossing where
Files of Fairfield testified that he was
attending the Methodist Episcopal
Church, which is close to the railroad
the accident occurred on the morning
of the accident and stated that the
train went by very quietly. Testimony
from persons attending the Methodist
Church that morning formed quite an
important part of the plaintiffs side
as the plaintiff claims that on
some occasions the train makes such
noise in passing the church, that
the pastor has to cease preaching I'M
til the train has passed by this testi-
mony of course going to show that
the plaintiff nor his companions were
warned by the noise of an approach
ing train as they neared the cross
ing.
MR.. HAM TAKES THE STAND
William c. Ham, the plaintiff in the
case, took the stand Tuesday after
noon and told Straightforward story
of the accident. He stated that he
was SO years old, for IL years had been
resident of Fairfield. was married
and had a family. He told of being
with the Jones family and Mr.. Weeks
in the Jones automobile on July 18th
last and stated that he and Mr.. Jones
occupied the front seats of the vehicle.
He said that the party drove down
Maple st and turned into Western
Ave, driving down toward the rail-
road crossing He stated that he was
listening and that the automobile was
being driven at the rate of four or five
miles an, hour when the car slowed
down according to his estimate He