Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-13

Law NOAA y OVCITulCS
Motions Defendants
in Two Rescripts
The law court Monday handed
down a rescript In the Penobsoot
county case OF William r. Robinsin
VS.. James F. Mccarthy. overruling
the motion of the defendant.
A rescript was also handed down
by the law court Monday In the
Washington county cases of James IA.
Gray, administrator, VS.. Amanda M.
Basly and trustee and James III.
Gray, administrator, VS.. Ethel Basly
and trustee, overruling the motion of
the defendant In each case.
Penobscot County-William r.
Robinson VS.. James F. Mccarthy.
Rescript per Curtain.
On the twenty eighth day of July,
1922, the defendant, James F. Nc
Carthy, who was an employee of the
United States Post Office Depart
ment as the driver of a mail truck,
in Bangor, Maine, at about five
o'clock in the afternoon, left the
Post Office in Bangor and drove to
the mail box located on the curb
near the entrance to the Bijou The
atre, on the right-hand side of Ex-
change street, in Bangor, Maine, GO
ing towards the railroad station, for
the purpose of collecting the mail
that had been deposited in the box.
he was driving truck known as a
ton truck" about twenty-five feet
long, with the body enclosed with q
wire cage, and hood over the dri-
ver's seat. In front of him was a
glass wind shield upon which there
We're sides. He stopped his car on
the right hand side of the street in
front of the box, proceeded to collect
his mail. and then started to turn
back and go UP Exchange street to-
wards York street. In, doing this, he
swung his car across the street at
right angles with the curb, with the
rear wheels of the truck on or near
the right-hand rail of the car tracks
laid upon that street. 1t was i'm
possible for him to turn by making
a circle, and he was obliged to back
his car before he could complete his
turn. and proceed up Exchange
street
While he was stopped in the mid
die of the street, with his car across
it. the plaintiff approached upon the
right-hand side of the street, driving
between the car track and the curb,
somewhat nearer the track than the
curb. At a distance of so feet or
more away from the truck. PLAINTIFF
saw the truck standing in the street
and drove at a moderate rate OF
speed down said street, and behind
the truck. between the truck and the
curb. Just as he was opposite the
rear end of the truck, the defendant
backed up, in the operation of turn
ing around, and collided with the
automobile of the plaintiff. a corner
of the tail-board of the truck strik-
ing the automobile of the plaintiff
in the panel between the doors, punct-
uring the panel making a hole some
what ragged, and extending over q
surface of about six inches in diam
eter.
The jury rendered a verdict for
the plaintiff in the sum of S194. and
the case come up on a general mo-
ton for ANEW trial. The case fnvolv-
ed pure questions of fact. A careful
examination of the evidence does not
disclose that the jury erred to the
extent OF authorizing the Law Court
to interfere with the verdict upon the
question of liability
The plaintiff however claims that
even if the defendant was liable the
damages assessed by the jury were
excessive. The assessment of DANA
ses Ia peculiarly question for the
judgement of a jury. The verdict
was for S194. While large, vet it
was a matter of judgement for the
jury, and is not so excessive as to
warrant the intervention of the
court.
Motion overruled.
Washington CouEty-James II.
Gray, Admir-. VS.. Amanca NJ. Basiey
and trustee. Same VS.. Ethel Basley
and trustee. Rescript per Curtain.
This is an action of trover brought
by James Fl. Gray Administrator of
the estate of John S. Calkins. deceas-
ed. against each of the defendants for
. the alleged conversion of the stock
in trade of said John S. Calkins. des-
cribed in a bill of sale marked De-
cribed in a bill of sale marked Defen-
| dants Exhibit /, the admitted value
of which is $6,S23.43 and is before
this Court upon a motion for "a new
trial upon the usual grounds.
The case depends upon the validity
Of this bill of sale which in turn
hinges upon the mental capacity of
said John S.. Calkins at the specific
time when said Calllins signed this
bill of sale, j. g. about one o'clock in
the afternoon of July 8, 1920. ]
The evidence upon the mental ca
pacity of John S. Calkins 10 e=ecI -
the bill of sale in question was very
conflicting. and may be said to have
left the decision of the case upon the
preponGerance of teh evidence: in
other words. the case was so close
that the Court is of the opinion that
| verdict either way rendered by a
| jury would be based upon such evil
dence as would fail to justify the
Court in interfering. Accordingly,
whatever decision the Court might
have rendered had they the powers
of jury, they are of tie opinion that,
/, inasmuch as the Jury has found a
| verdict upon the evidence which
presented a pure question of fact,
they are not justifie, in disturbing
| the verdict.
Motion overruled in each case.