Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-09-23
SKOWHECAN
SUPREME COURT

1ucSldy morning tue case OIL cora
e. Noble Of Pittsfield, represented by
Attorney Amos K. Butler of the law
firm of Butler & Butler of town, VS..
Luella M. White and Frank B. White
of Pittsfield, represented by Attorney
George w. Cover of the firm of
Cover & Shumway of town, in which
the plaintiff claims a trespass in
which suit Is brought for the sum of
$50, claiming that Mr.. White cut
wood on the north part of Mrs.
Mobiles lot adjoining the south part
of the White land, was resumed.
Much of of the testimony has had to
do with defining the true line on the
face of the earth between the lot of
% acres owned by the Whites and the
lot south of rs acres formerly owned
by Mrs. Noble, both being a part of
lot Q containing 100 acres in range
2 in lots in the town of Pittsfeld as
surveyed by Daniel Steward, Jr.
John w. Higgins of Skowhegan,
Somerset county's registrar of deeds,
was the first witness called Tuesday
morning and his testimony was read
ing the description in the deed Nor
ris Keene to Snow Keen in Decem-
l, 1856; from Snow Keen to J. C.
Corner in November goth, 1859, and
Keene to l.. Pettigrobe, when in each
case the property was that over
which the question of the dividing
line has arisen.
Grin e. Libby, surveyor of long
years experience. of Pittsfeld, was
the second witness and he related the
various times he had surveyed in this
lot in range IL and who went over
the line in question a week ago at the
suggestion of Attorney Cover. Mr..
Libby's testimony was quite long and
he was cross questioned by Mr.. But
Ter. He stated that the apple trees
and a maple tree were in Whites
door yard in the south part Of his lot
and not in the land of Mrs. Noble.
Mr.. Libby stated that the lots over
run and that according to the true
line as he located it Mr.. White does
have a little more than 25 rods in his
lot which would be little more than
one quarter of the entire 100 rod lot.
Mr.. Libby's testimony closed the
defense testimony. In rebuttal Mr..
Butler called Elmer E. Greenwood, c.
E., OF Skowhegan, who in company
with Mr.. Weber, civil engineer of
Hartland and Attorney ]. Howard
Haley on Tuesday morning visited
the lots in question and gave result
Of about two hours examination of
the line, going west only a portion of
the distance to the Webendoffer lot
Mr.. Weber was called to tell wheth-
er he saw a certain cedar post in
question, which he stated he did not
see.
Mr.. Cover presented his argument
before the noon recess and stated
that the case is question called ac-
M hot
question before the Jurors Is whether
Mr.. White did trespass on land owned
by Mrs. Noble and If so the amount
of trespass. Attorney Butler gave
his argument at the opening Of court
in the afternoon.
After dinner Mr.. Cover continued
his argument, which was followed by
Mr.. Buffers argument. At o'clock
Judge Dunn gave his charge to the
jury. He stated that the jury was to
decide whether or not the defendant
entered unlawfully on the land of the
plaintiff to do damage, and If SO, how
much. He stated that there was no
contention concerning any adverse
possession or convention line and that
Mr.. White could only have purchased
of lot No. 2 range IL in
Pittsfie1d, as three-quarters of this lot
mao peeH tTdHSIeIAcu' Inc jury re-
tired at $40 and after an hours DELHI
Grafton passed a verdict for the plain
tiff in the sum Of $40.
Late Tuesday afternoon the case of !
Levi Martin, represented by James
Thorne. VS.. Percy Rideout, represented
by William Brown, all Of Madison |
was opened by Attorney Thorne. In
this case Mr.. Martin sues Mr.. Rideout |
for $500 damage to his automobile. |
Briefly, the story of the case as stated |
by Mr. Thorne in his opening is that |
on Nov. 6, 1924, Mr.. Martin left his |
home near Madison to go into the viii
Ia ge to get his son, Gordon Martin. |
Mr.. Martin was driving a Buick four. |
He said that 1t was so dark when he |
left his house that he turned on the |
lights. When about three miles from /
the village he met another car. Direct
ly after meeting the car he crashed !
into something which he found to be |
a horse and low jigger driven by Mr..
Rideout, with whom was riding Ed
Nooman. The jigger was loaded with |
cordwood and two logs were projecting
In the rear. The plaintiff claims that
there was no light on the wagon and |
Mr.. Martin did not know that there
was anything In the road until he
struck the log. The crash frightened
tha horse, which leaped toward the
right, making it necessary for Mr..
Martin to swing to the left to get by
knowing the position of culvert near
py. and to eliminate another crash. ne