Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-11-11
JUSTICE DEASY
sUSTAINS APPEAL
CUMBERLAND CASE

i motion by the defendant COM
nny for a new trial was sustained
nd the verdict was set aside in the
cumberland county case of George
ZEALAND (Holland) VS.. the Maine
Central Railroad company, which
vas carried to the law court, by a
rescript handed down Tuesday by
Justice Deasy. The rescript reads
Mfollows:
The duty owed by railroad cor
poration and its servants to the en-
playes Of a terminal corporation Is
to use due care to avoid injuring him.
It's under no obligation to warn him
Of latent perils or as to the safety
Il bis working place.
A plaintiff struck and injured by
/ railroad train while standing be-
tween. or upon the tracks or SO near
thereto as to be in reach Of the
trains ordinary and standard over
hang Is presumptively, no excuse ap-
pesring, guilty of contributory negli-
gence.
The last clear chance rule does not
apply when the plaintiffs negligence
was operative to the last moment
aud contributed to the injury as ap-
poximats cause.
Notion sustained. Verdict set
aside.
In another rescript by the same
Justice the bill was sustained and
lhe case remanded in the Cumber-
ana county action Of Sewall c.
Suout administrator, VS.. Franklin
< Chesley, Administrator. ct ais
Vnlch was carried to the law court
On report. The rescript follows:
When legacy lapses which is q
aft Of the residue 1t presumptively
aoes not fall into the residue, but
passes as intestate property.
N case OF devise to several per-
sGns constituting q class one Of
saome predeceases the testator, no
spse ukes place. The individual
ales, but the class designated as the
a n under the will remains in ease.
Wnen legatees are designated by
sams ana the character Of the estate
sssusaIned is indicated by the words
IN. ~ squai parts share and share
.e mere IL q strong presumption
.esumentary inttnt. that the lega-
~ aaal take as individuals, and not
s9a aas VIII OF a testatrix bequeathed
sNvH u trust, the income to he
=, az lot r the support of her daugi-
an, g. ane VIII further provided that
ensi ~ daughters decease the prin-
MINI. snail become the sole and alb
atess S.operty Of my residuary leg
b A.. aereinafter named, and shall
nh. sSIptly transferred to them or
to rh asIls IN the several proportions
r. Isn they may be entitled.n
trirt4s residuary clause the testa-
to ~ ~ al the residue of her estate
in scu.i ,egatees G., NJ, A. and C.
alikes ai parts share and share
css = Sarah E. Goodrich, lprede-
sslativ. ine testatrix. Not being a
stitntsss ,aer heirs are not made sub
M .ssatees by statute.
etect seQuest Is not to a class. In
beoussv,ass fourth Of the residue-was
duarv Ivy. TO each of the four resi-
Ca .ssatees. The contingency of
was ~ before that of the testatrix
resIans.. provided for in the general
lsgatss clause. No substituted
viii !, as designated either by the
the s. - Dy statute. It follows that
Of ON l sl residuary bequest to @.
passS !lourth the estate lapsed and
atrir ~ the legal heirs of the test.
But - .,ntestate property.
the S,.se daughter having deceased
trust S vsal OF the $4,000 held in
difsrsvnasr lng her lifetime presents q
that NJ. problem. The win provides
persons s snail go to the same four
or ths, named as residuary legatees
hold ,ha heirs" Many Authorities
Confines. sucn use of the distinctive
% maSs s'on "or" discloses an intent
tsa tns heirs substituted Iega-
sa ss' ths heir. of q <sarah e.
'oa Sho =, are not parties A per-
va ri N1 ny q possible construction
Under shn may become legatee there
The cs me Construction of the will.
tord a. use must be remanded to at
helm ~ !. opportunity for making the
By am - dsafah E. Goodrich parties
~ Sustained. Case reusrdaa