Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-01-25
Getchell- Insurance
Co. Case Settled;
Getchell Gets $3.50

The case OF GetcheIl w. Penn. Fire
Insurance Co, was continued Thurs
day morning at the opening Of court
al $50 and Mr.. Getcheil was recalled
by hts attorneys. Harry Coolidge OF
Pittsfield and Cover and Shumway
OF Skowhegan and cross examined
by Attorney W. II. CULVER of Ban
gOr.
Mr.. Ralph Wakefield OF Dexter.
who for the past ten years has been
manager of the service department
at the Blaisdell Go. Garage in Pitts
field was the third witness. He stat
ed that he knew the Getchell car.
had done work on 1t and that he had
run II for testing after working on
IL. that the cars running and gem
cral condition were both fine. He
said he should call the loss of the fire
as total loss. He was cross exami-
ned by Atty. CULVER, who went in
to details Of the repairs
The fourth witness was Ernest d.
Blaisdell. the manager of the Blais-
dell Auto Co, of Dexter. who sold
Mr.. Gctchell the car and in whose
garage the car was burned. Concern
ing the condition of car at time of
fire Blaisdcll said it was exception
ally good and that after fire the in
surance company adjuster, Clark, Of
i'Ath fAIiIi CIV LOT II. W dkGHtlu ldQ
called his attention to condition OF
car after work had been done and
Blaisdell told Wakefield he thought
1t was the finest running motor he
had ever heard in a Hudson Blais-
dell said he considered the fair mar
ket value of car and accessories and
calf top on car when burned to be
$1,000 even considering that cars had
cropped IN price and at time of fire
IN March. five passenger Hudson's
were $4,000. Henry +. Libby the
cashier of the pittsfield National
Sank was called as the firth witness.
MIR. Libby was the man chosen hy
Gctcheli as one of the appraisers Of
IN" damage and whom the company
challenged because OF his being the
cashier of and a stakeholder in the
bank in which Mr.. Getchell was a
director and a stakeholder. claim
ing that because of this association
he was not a djSinterested party.
Mr.. Libby told of telephone talks
ana correspondence with Albert Frost
OF Portland. the appraiser selected
by the company and that they. could
not agree on an umpire as he wished
Lawyer Pierce of Dexter and Frost
declined t" have Pierce serve as he
Qua not know him and suggested
Jennings of the WatcrvilIe Motor
company or Clair K. Marston of Wa
tervillo. Mr. Libby objected to both
OF these men as they were unknown
to him. Mr.. Libby stated that Frost
insisted that the third man must be
either dealer or a garage man and
mat they did not agree upon a third
man. Libby stated that the only as
ISOLATION he had with GetchelI was
mat of the bank association.
lH6 car was burned Wbila 1t Tho
hIatsde0 garage where. according To
hoth BIHiSdell's and Gctchcll's tcstf-
monE Il was to he stored for the
winter free of charge because the
putting ON OF the California top was
a specially good piece of work and
Mr.. iHaiadcIl was To store the car
Tor tue winter for the privilege Of
showing 1t to any Interested. MIR |
ilhbN was the last Witness for tho
plaintiff.
After the testimony for the plain
TIT was completed. Attorney W. H. ,
IulIiver requested the privilege Of
making a motion in the absence OF
Inc jury which Judge Dcasy granted /
ana The jury retired. Mr. GuIliyer |
moved that the court non suit the
case and stated tho following : rea-
sens Tor his motions. First. and the
prlncipal reason was that the plain I
TIT had failed to comply with tho
terms of the contract in selecting nm /
apprizer who was competent and dis ;
interested and who with the annrizer
selected by the insurance componv /
was 10 select a third man TO act as /
umpire: second reason, that the coz.
was insured and so listed in the poIi- +
cy as car to be used for private and
personal purposes and not CONNER (
claI. claiming that as the car was to
DC used to exhibit the California ton =
uurlnS the winter at the garage
"hete 1t was stored free of charge it |
was used Tor commercial purposes: /
and third. that at the time of the FIRE /
the car was not where it was usually I!
Kept. as the policy stated it should /
he Kept in n private garage. and that /
the likelihood of fire was much more
at the public garage than at a pri- I
Vate one /
Mr.. CULVER stated that the rate I
% insurance was not that for q bust
reSs car, nor for one to be kent at /
public garage. Attorney CULVER |
quoted from decision by George /
Emery in the case OF Young vs.. an |
Insurance company. Judge Deasy |
said that he did not consider IL {
question OF law but rather Of facts
and that lie should submit it to the /
jury.
When the court opened at 2ls |
Judge Deasy announced to the jury
that the case had been settled between /
the two parties. The prize for set !
Element Of $3.50 10 be paid Getchell
by the insurance company.
The second case Of the term. Sylvia /
Walker OF Hartland VS.. Lewis +. /
Wheeler. formerly of Hartland. now /.
of Fairfield VAS opened Thursday af- ,
tcrnoon and is being tiled before the /
second jury with the exception Of .
Earle {. Banks OF Pittsfield and W. I
.. Hilton OF st. Adams who were ex- /
cused. Their places were filed by
Fred Hasceltine and Dlnville c Der
rin. Mr.. Wheeler is represented by
Merrill & Merrill of Skowhegan, the
senior member OF the firm. Edward :.
Merrill acting. Mrs Walker Is re-
presented by attorney l.. l.. Walton
OF Foxboro. Mass. The question in
the case to be determined is whether
Mrs. Walker or her husband. John
Walker. owned the Ford car which
was attached on Sept. lS. 1922 BY
Lewis B. Wheeler "A deputy sheriff Of
Somerset county. The Witnesses for
the plaintiff were Mrs. Wheeler and
her son, Earle Sherburn. and for the
defense, Mr.. Wheeler and John Walk
re.-s nit