Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-10-20
ORDERS VERDICT

Upon motion by counsel Tor the
defendant company Monday after
noon, Justice Luere B. Deasy of the
supreme judicial court ordered Il
verdict for the defense, in the $780,
600 damage suit brought by Thomas
e. Waters of Augusta against the
S. D. Warren Paper Company for
injuries suffered while working for
the company at it's loading plant at
Kennebec Siding.
In ordering the verdict Justice
Deasy declared that he wished to OBJ
viate the necessity of new trial,
with the great expense which II
should entail, If the case should be
carried to the law court and his YER
dict should be set aside by the law
court. He therefore caused the at
torneys to sign an agreement specl-
flying that the case should be car
ried to the law court and that the
expenses of so doing should be
borne equally by the two parties. Inc
agreement further provides that in
the event that the verdict of the JUS
tice is set aside and the exceptions
of the plaintiff are sustained, the
law court shall order verdict for
the plaintiff if in it's opinion 1t
would have sustained verdict for
the plaintiff If one had been return
ed by the jury upon the evidence
submitted. In case that such q YER
dict is ordered by the law court 1t
is to fix the amount of the award
to the plaintiff. This agreement was
signed by counsel for both sides.
One of the points brought UP by
Attorney Jones Of Portland, appear
ing for the company, in asking for
the directed verdict, was whether
the operation of loading cars at
Kennebec Siding as conducted by the
s. d. Warren Company. is part of
their business Of paper making, or
ness of cutting, hauling and raft
ing logs" The company claims
that it is a part of the business of
the mill at Cumberland Mills and
that the company by its acceptance
of the provisions of the Workmen's
Compensation and Employers Liza
bility Act as covering its mill at
Cumberland Mills, also covered its
employees at Kennebec Siding. and
that Thomas Waters, who was in
jured while working there could only
have recourse to the Industrial Ac-
cident Commission and not to a COM
mon law action.
The plaintiff on the other hand
argued that the operations at Ken
nebec Siding were part Of the BUSH
ness of cutting, rafting and haul
ing lumber, which according to the
act may be excepted by q company
in accepting the provisions of the
act II the company so desires. and
that in the acceptance of the s. D.
CnHNnanv q
they are expected as they are not
named. The plaintiff further holds
that by testimony they have proven
that the work Of loading at Ken
nebec Siding and conveying the logs
to the mill was q part Of the cut
ting, rafting and hauling" operation
and ~ such was separate nd dis
tfnct from tht Of manufacturing.
which Is conducted at Cumberland
Mills.
Justice Deasy declared in answer
to the statements of the lawyers that
he would rule that the work at Ken.
nebec Siding was a part Of the work
Of the plant at Cumberland Mills. He
said that II the plant were located
in Kennebec Siding with the mill
situated at the place the cars are
loaded, there would be no doubt on
this point, and that In his opinion
the distance from the conveyor to
the mill whether one mile or several
miles would make no difference.
At the conclusion of this case JUS
tice Deasy finally discharged the
jury. expressing his thanks at the
work which they have done at this
term of court and explaining to them
that their value Is not to be COM
puted In the actual number of de-
cisions which they make but in the
effect which they have upon cases
which might hang on indefinitely. If
there were no likelihood that thew
would be tried. He adjourned court
until this morning at $50, at which
time he will take UP court matters
and divorces.