Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-28
JUDGMENT N TWO Il
CASES FROM LAW
COURT MONDAY

Two rescripts, one from York coun-
ty and one from Franklin county.
were handed down by the law court
Monday.
York County Case
Judgement f. given for the de-
PENDANT in the York county case Of
the Motor Sales Company VS.. the
National Fire Insurance Company.
The case came to the law court on
report
The rescript per curtain is as fol-
lows:
Action OF assumpsit to recover ii.c
value Of an automobile insured
against theft by the defendant and
Cadorette. who had the car in his po-
session In Eiddeford for the purpose
OF sale on commission
The initial fact to be proven Is that
Of theft. the defendant claiming that
there was no actual theft. but. that
the car was taken out Of the State
and after the lapse Of convenient
time was also returned to Dayton in
this state by certain parties with the
conn!vance OF those representing the
plaintiff corporation. On this issue
the burden was on the plaintiff.
II Is unnecessary to analyZe and
discuss the evidence in detail. Such
discussion would afford no profit to
the profession and no satisfaction to
the parties.
It IL sufficient TO say that consider
ing the consistency OF the undisputed
facts with the claim Of the defend
ant, the lack of motive on the part
OF Cadorette to be solely responsible
for the taking. the financial straits
80 ~ IL rnrnoraffan tho III.
rect testimony Of Cadorette implicat-
ing the plaintiffs agent with the
fake theft, the ulcorroborated denial
Of the agent, the failure Of the party
Whitehead who was concerned with
the taking to testify in the agents
behalf though present at the trial,
the conduct of the plaintiffs agents
after the alleged theft. and the gen.
eral atmosphere surrounding the en-
tire transaction as created by the cir
cumstances. the plaintiff has failed to
convince the court that the car was
in fact stolen.
Franklin County Case
In the Franklin county case OF
Katherine r. Ross. applicant. VS.. the
Thomas J. Sheehay Company and in
surer. the appeal of the defendants
Is dismissed with costs.
The rescript. which was drawn by
Associate Justice Charles j. Dunn Of
Orono. Is as follows:
Lee r. J. Ross died Feb. 20, 1928.
from tetanus. of lockjaw. An award
OF CONDENSATION was made to Mr.
Ross. dependent widow. by the chair
man OF the Industrial Accident Com
mission. on the theory that the cir
cumstance OF the infective bacterial
disease was but the accessory cause
OF the mans death, the real cause
being an accidental injury that arose
out Of and in the course Of his en-
ployment in the wooden mills OF the
Thomas J. Sheehay Company at
Phillips.
In cases Of this kind. where nc
fraud appears. the volume Of the evil
dence. or how 1t may be esteemed
elsewhere. Is not examinable on re-
view. The test simply IS whether
some competent evidence supports
the finding of the commission.
While it is true that certain hear
say was improperlyallowe d into the
record. In the effect to establish
causative connection between the
employment OF Mr.. Ross and his
not come essentially into the Com
missioner's finding and the affirming
decree. The report OF the accident
as submitted in writing by Mr.. Ross
employer to the Industrial Commiss-
ion. under the duty imposed by sta
tute. rightly had place in the evil
dence. That report. being believed
Notwithstanding 1t was contradicted
by him who made 1t, by saying that
it was wholly based upon narration
by Mr.. Ross and on rumor. itself
justified the finding OF the Chairman.