Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-06-21
SUPERIOR COURT
Wateryille, June

Court came in at $50 o'clock this
morning The case of Larouche VS..
Roundy was resumed. In this case
the plaintiff asks for damages on &C
count of injuries sustained from a
fall down the cellar steps of the house
in which she and her family had
rooms, the house belonging to the
defendant. The plaintiffs testimony
was completed Saturday.
Upon the opening of court, Mr..
Gardiner, of the defense, outlined the
case from the defendants point OF
view. He stated in part that the con-
tention of the defendant was that the
plaintiff had no right in the cellar,
as her husband had been told by the
defendant that the cellar was full,
and that he must keep his wood in
his rooms. He stated further that II
the Jury came to the conclusion that
the plaintiff had a right to use the
cellar stairs, under an agreement with
the defendant, then it must appear
that the defendant was negligent in
the care of the stairs, and that that
negligence was the proximate cause
of the injury, and that the plaintiff
must be free of all contributory negli-
gence.
The case occupied the attention of
the court and jury until the time or
adjournment. and was completed with
the exception of the charge of the
court.
The defendant took the stand. Mrs.
Roundy said she was "a years old,
4
that she owned the house where the
accident occurred in April, 1920. and
that she rented it to several different
families and individuals: that she Wis
tied it nearly every pleasant day, as
her tenants paid her weekly; that on
these visits she always looked over
the house. looked into the stairway
to see that the light was shut off, and
was up and down stairs, day after
day previous to the accident to Mrs.
Larouche She said that previous to
the accident she had not seen any
defect or break in the stairs in ques-
ton. and that they were good solid
stairs. The defendant testified in re-
gard to a conversation that she said
she had with a neighbor of the plain
tiff, after the accident, and in the
hearing of the plaintiff. The neigh
Dor, Mrs. Lachance, told the defend
ant that Mrs. Laroucheh ad fallen
down stairs and thought she had
broken her leg, but Mrs. Lachance
did not thing she had. Mrs. Roundy
testified that she asked Mrs. La
chance if there was any trouble with
the stairs, and was told that there
was none The following day Mrs.
Roundy called on Mrs. Larouche and
was told that she was weak, over
worked, and fell down the stairs.
Two witnesses stated that Mr.. La
rouche told them. in substance, that
Mrs. Roundy had money, and he was
going to get some of it, if he could.
On rebuttal that was denied by Mr..
Larouche.
DIR. Goodrich was called by the de-
PENDANT and described the condition
in which he found the plaintiff at the
time of the accident, also at an ex-
animation made previous to the trial
last November, and at the present
time. He thought she did not suffer
much pain and had made good re-
covery.
DR.. e. W. Boyer was called for the
defendant. He testified that he knew
nothing about the case, except from
an examinat ion of the plaintiff last
November, and another examination
made today. He said he today found
a difference of about half an inch in
the length of the legs. and that
large percentage of normal people
have a difference of from one-eighth
to three quarters of an inch in the
length of their legs. The doctor said
he thought the plaintiff had made
good recovery.
DR.. William c. Peters of Bangor,
testified Saturday in relation to the
treatment of the plaintiff in the hos
pitaI at Bangor, where an x-ray pic
ture was taken and the hip set. He
was called in rebuttal by the plaintiff
today in relation to pain and suffering
from a broken hip, and stated that a
woman with a broken hip like the
plaintiffs would have a great deal of
pain; that 1t would be painful until
set, and then would be painful for an
indefinite length of time: that the
oputh nf time yaried a great deal