Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-16
DECISIONS FROM -
Law COURT five
CASES WEDNESDAY

Five rescripts. two from Cumber-
land county and one each from the
counties OF Knox, AndrOscoggin and
Aroostook. were handed down by the
law court Wednesday.
Knox County Case
IN the Knox county case Of Mrs.
r. l.. Bean vs.. Camden Lumber and
Fuel Co. the exceptions Of the de-
PENDANT are oyerruled.
The rescript, which was drawn by
Associate Justice Scott Wilson OF
Portland, is as follows:
The practice of pleading double by
Joining an appropriate common or
money count with special count on
a promisory note Is so well establish
ed and Of such long standing, 1t can
not now be questioned.
The specifications are ro part OF
the count. The count itself Is In
proper form and states good cause
81 action.
Motion overruied
In the Cumberland county case Of
Jack Kuvent Va. Louis Altwerger
and the same vs. Gertrude Altver-
ger. the motion Of the defendant is
overruled.
The rescript per curiam is as fol-
lows:
These actions are before the Law
court upon general motions for new
trials filed by defendants. Upon the
brief their counsel frankly concede
that 80 this Court will not now. on
review, say 'that a new trial on
the merits should be ordered. but
contend that the damages awarded
were manifestly excessive and I'M
warranted. even though the element
OF punitive damages were consid-
cred"
The record discloses. however, am
pie evidence to warrant the jury in
finding that the assaults were unpro-
voked. wilful and malicious. The
weight to be given to the evidence
ton Of the jury upon the question Of
damages as upon the question of LA
bility; and the amount of punitive
damages to be awarded must rest in
the sound. cool judgment Of the jury,
under proper instructions, which we
must assume were given.
The evidence clearly preponderates
in favor of the plaintiff; no reason is
shown which will justify the Court
In interfering with the verdicts,
Androseoosin Case
In the Androscoggin county case Of
Tancrede q. Croteau ct al vs.. Lunn
& Sweet Employees Association.
judgment Is given for the plaintiff
for $500.
The rescript. which was drawn by
Associate Justice John A. Morrill, Of
Auburn. is as follows:
A bylaw Of the defendant asso-
citation provided:
mo benefits shall be paid for
sickness or injury caused by intem-
perance or immoral act on the part
OF the claimant. or for injuries
caused by deliberate self -infiiction,
or the after effects OF any Of these
causes"
Three classes Of BENEFITS were pro-
vided for. arising from sickness. tenn
porary injury and death.
Held: A fair construction of the
word injury" as used in the bylaw
includes both an injury resulting in
temporary disability, and an injury
resulting in death.
The two causes named, occasion
Ing sickness and injury-intemper-
ance and immoral act-are each dis
tinct from and exclusive Of the 9TH
err; the latter phrase does not in
clude intemperance or the after ef-
fects Of it.
In this action by the parents and
legal heirs Of a deceased member,
who was killed by the overturning
OF an automobile in which he was
riding. the case does not show any
casual connection between the death
or the late member and the intoxi-
cation OF the occupants Of the car.
Bill Sustained
In the Cumberland County case.
Arthur l.. Perry. Admir-. VS.. Clara
Leslie ct ais, the bill of the plaintiff
Is sustained.
The rescript. which was drawn by
Associate Justice John A. Morrill,, is
as follows:
A testatrix at the date of her will
at her death, thirteen years there
after. owned certain number of
shares in a manufacturing corpora
ton. BY her will she beoueatned to