Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-18
Verdict Of S5,426.57
For Plaintiff in Case
MISREPRESENTATION

| Thursday morning the case OF
| Prince and Russess VS.. Bracket
Shaw & Lunt Company was resumed
with q continuance of the testimony
OF Carey c. Waterman, sales agent
OF the company. In direct examina :
| ton MI. Waterman stated that he
knew of the complaint of the Max
well company and that he was order
ed to visit the mill and did so, to
ascertain what, If any, was the trou-
BILE and that upon investigation
, found the engine to be working per-
fectly and that he could not say Just
how much was being sawed but
thought the engine was working at
maximum rate.
Mr.. Cover cross examined Mr..
Waterman concerning the PLAINTIFF 8
exhibit No. 2 and said 1t was not a
form letter but one written in his
office. He was questioned concern
ing his statements to Prince and
Russell before the purchasing Of the
engine, and said he told them he was
thought the engine would do the
work they wished 1t to do and that
1t was not an experiment engine and
that 1t did not require expert men
to run. and did suggest to them that
the Avery engine would be a good
oAS AOh khVhA W
He said that Prince and Russell
did not ask him how much the en-
CINE would saw. He admitted tina
he did say that under favorable con-
ditions 1t should saw 10000 feet per
day and he said 1t was understood
by the plaintiffs that he referred to a
steam engine when he stated that
1t would eliminate fire risk, and that
his statement was limited to steam
engine. He said there was a govern
or on the engine but 1t was not an
automatic adjustor. He said that he
went and assisted the starting up of
their operations and that Prince and
Russell seemed to be careful to fol-
low instructions.
Attorney Locke fer the defense at
the close of Mr.. Waterman's testi-
mony presented letter from Prince
and Russell written by Mr.. Prince
requesting the Bracket, Shaw &
Lunt Company to renew q note OF
S34O for six months as they had so
far made prompt payments on the
engine and just then they had their
money tied up.
The second witness for the defense
was Edward ]. Vose of Liberty, who
Is lumberman of 35 years expert
ence and operates with both steam
and water, and now has a $4,000
horsepower engine. presumably like
the engine which Prince and Russell
of the defendant company.
He said that 1t was started on gaso-
line and after saving two or three
logs was changed over to kerosene;
that they made an hour test Of the
engine some time the past winter and
found that 1t sawed 1866 feet and
thought they used little over three
gallons. He said conditions varied
as to the amount OF lumber an en-.
CINE would saw. He never saw
Kerosene run out and that he never
used any that had run out with the
other fuel to make power. He stat
ed that he never saw fire or a flame
shoot up from carburetor. Mr.. Vose
was cross questioned by Attorney
Cover and made similar statements
as in his direct examination.
The third witness was Percy
Wtthee Of Norridsewock, who has
been a salesman for the Brackett.
Shaw & Lunt Company and now has
, $4,000 horsepower Avery engine,
which he purchased q few years ago.
Because the testimony Of Mr.. Max
well concerning the operation OF a
600 horsepower engine was not adj /
mitted, Mr.. Withee was excused.
The last witness was Silas Davies !
of Brewer, who has a $1,000 horse
power engine like the one purchased |
BY Prince ana Russell of Brackett. |
Shaw & Lunt Company, which he
purchased in February 1890. ana
which II used to saw lumber and to |
operate a grist mill. He said he was
instructed to Oil once q week. that
Ne never saw any oil in crank pit