Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-15

After taking up the entire forenoon
with the opening and first witness
for the plaintiff in the case of Rich
ard Burke, against the Jackman
Water, Light and Power Company,
in which Burke sued for personal
suffering as the result of an attack
of typhoid fever which he alleges
was caused by the drinking of pollut-
ed water furnished by the defendant
company, a settlement was effected
early in the afternoon, Thursday.
by which judgement in the sum of
$3.50, was entered for the plaintiff.
This was an action brought by
Richard Burke. a. minor, through his
next friend. Attorneys Herbert e.
Locke and Robert B. Williamson of
the firm of Locke. Perkins and Will
hanson represented the plaintiff ana
Attorney B. T. Maher appeared for
the defendant company.
Considerable time was taken by At
torney Herbert E. Locke of the firm
of Locke, Perkins and Williamson, in
outlining the case of the plaintiff
which is most interesting. He pointed
out that the Jackman Water, Light &
Power Company, at the time this case
originated was controlled by Rev, FIR.
Forrest of Jacllman, who had institute
ed the water system for the purpose
of providing water for the convent
and for the people of the town. the
water was at first secured by gravity
from a spring or springs on rising.
ground but when this supply proved
Inadequate recourse was had to the
waters of Wood Pond, near Jackman.
A pipe line with a pump and an inlet
in the pond was constructed to fill the
reservoir which was situated near the
spring.
Later. but still before the time of
the typhoid case which resulted in
this action, a sewage system was in
stalled. the outlet of which lead to
Wood Pond at a distance of about
1000 feet from the inlet of the water
supply. AS a result 1t is claimed that
the plaintiff contracted typhoid fever
resulting in serious bodily harm to
$780, Engineer Describes Site
During the forenoon but one witness
was placed upon the stand Tor the
plaintiff. He was Clifton s. Humphrey,
a civil engineer of Madison, who had
made survey of the town and had
drawn a map which was presented to
enable the jurors to understand the
case. He testified that he was ram
iliar with the town of Jackman, haV-
ing done much work there. He further
testified as follows:
That Jackman is located near WOOD
Pond. the central pond of chain OF
three, all connected by the Moose
river. Attean Pond is the upper one
Of the chain and Long Pond the lower,
hut nv reason of dam at the foot OF
laval of the three
ponds at low water is the same. There
"a head of IA feet of water at the
dam which is used for driving loSs
down Moose river below Long Pond,
and by working the gates some cur
rent Is also caused in the upper
reaches of Moose river, so that lo6s
NAV be driven between Attean Pohd
and Wood Pond, and between Nood
Pond and Long Pond. The manpula-
tion of the gates has resulted at times
he has noticed in a reverse current be-
tween Wood Pond and Attean Pond.
Sewage Outlet in Pond
with regard to the immediate v1c1n-
itv of the inlet of the water system
and the outlet of the sewer system.
he stated that there was distance VI
about 1000 feet between the Two ne
sewer pipe, which originally Went u
low water marx, mas III y uSH N-0 :.
tion of the weather been broken OH
between 100 and 200 feet from low
water mark and the sewage emptles
into a marsh which is covered by
two-foot rise of the surface OF Inc
lake over low water mark
Along the shore, between the me. %
the water system and the outlet Oh tile
sever system at two different points
seepage, apparently from the sewer
was noted, although between tne
marsh and the low water mark theie
is what was described as stony reel.
Court adjourned at noon, after t the
completion of the testimony oy 'iie
civil engineer. 80
The attorneys in the case got TO-
eether Immediately after the close o.
1he noon recess and a short tlflie
later reported to Justice Charles o, o.
Dnnn presiding, that they had reacn-
ed an agreement. JUdsei'ieH'
accordingly entered. ~. coses
II was understood that the cas ts
of Keene vs Deehan, an Ausus.a
case will be heard today when cour'
onens at $3.50 o'clock. 49,,
The traverse Jury reported FOR tne
ers+ tive Thursday and were empah-