Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-05-29
SUPERIOR COURT
WILLIAM H. FISHER, Justice,
CHARLES W JONES, Clerk,
FRED w. LEE, Stenographer,
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WILLIAM H. FISHER, Justice,
CHARLES w JONES, Clerk,
FRED w. LEE, Stenographer.
HENRI F. CUMMINGS, Sheriff.
Waterville, May %
Court came in at 10 o'clock this
morning. The jurors reported for
duty and were sworn in by the clerk.
Traverse Jurors-Albert M. Balen-
tine, Winslow; Clyde G. Blake. Oak
land; Harry s. Brown, Waterville;
Karl Collins, West Gardiner: o. H.
Dolloff, Mr.. Vernon, (excused); Den
mis- Donovan, Augusta; Leonard H.
Dudley, Augusta; Fred M. Elliott,
Waterville; w. Arthur Farwell, Wa
terville; Leigh Flynt, Augusta Eek
cused1; w. B. Fowler, Monmouth
(foreman); Wilder Hitchcock, Ran
dolph; Charles F. Johnson, Gardiner
(excused); Clarence S. Johnson, Wa
terville; r. F. Kelley, Benton lex
cused); F. Dana Lynn, Hallowell;
Aida McCausland, Augusta (excus-
ed); Stephen D. Monaghan. Gardi-
ner; Hollis B. Moody, Pittston; NJ. E.
Partridge, Windsor: j. E. burlington,
Litchfield (excused).
The first case for the jury was No
$50. Joseph Sandy We. A. w. Bush
hey. Both parties are residents Of
Waterville, McGillicuddy and Morey
for plaintiff and Harold Dubord and
Mark Bartlett for defendants.
The plaintiff brought this action to
recover damages for injuries sustain
ed. as claimed by him, by the attack
Of q horse in a pasture where the
plaintiff also had q mare and colt.
Plaintiff testified thatshe had previ-
ously to the day of the attack upon
him by the horse noticed it in the
pasture, and was chased by 1t, and
made up his mind it was ugly and so
notified Mr.. Bolduc, the owner of the
pasture. On the 14th day of July.
1923, plaintiff stated that he went to
the pasture, taking grain for his
mare. He separated his mare and
colt from the other horses and took
them to the top Of a small knoll.
While his attention was on his own
animals he said defendants horse
up behind him and kicked him three
times, in the shoulder, hip and ribs,
breaking his arm. lie said he fell
or was knocked down and rolled
down the hill. A friend had come to
the pasture with plaintiff. Mr.. Will
lett, and he came in and got plaintiff
out and took him home. He was
attended to by a physician, and the
next day was taken to the Sisters
hospital. He stated that he was earn
ing at the time of the accident S24
per week, and that he lost IA weeks
work before returning to his en-
ployment, and then was given soft
lob. He also stated that he suffered
a god deal Of pain for long time.
DIR. Bison testified to attending the
plaintiff, and that 1t would be year
before he would be in a normal con-
dition, in relation to do his work. Ills
bill was $3.50.
Fred Willett testified in relation to
seeing the attack by the horse, ana
getting the plaintiff out Of the pas
ture and to his home.
Joseph NOVEL; and Joseph Cote
&c stified to being in this pasture
about the 18th Of June, and that the
Bushey horse chased them out OF the
nasture, and as one of them went
over the fence that horse grabbed MS
coat on the back and tore 1t.
The defendant took the stand ana
testified that he bought the colt at
II months Of age and never had seen
anv signs Of ugliness in the animal
James Cote and his son, bernaro'
who have had the care OF the morse
for over a year, testified that tney
never saw him bite or kick.
p. r. Baird. veterinary surgeon
testified to treating this horse at oil,
ferent times and stated that ne nad
always found him clever.
The testimony was completed at
the time of adjournment. The argu-
ments will be made tomorrow morn
snp