Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-09
DAILY KENNEBEc JOURNAL SATURDAY, OCTOBER g. 1926.

most casual inquiry of Murray would
have disclosed 1t.
Upon the question of damages, the
amount fixed by the jury is so con-
sentative, that we think Bjorn's tes-
timony would not have affected the
amount, and for that reason also
should not be ground for granting a
new trial. Upon the whole case it
is not apparent that injustice has
been done. Woods VS.. Johdan,
supra.
Motion overruled.
No sound reason was found for
disturbing the verdict in the Cum
berland county case of Kezar and
Stoddard Company VS.. Portland Wet
Wash Laundry in which a verdict
was rendered by the jury in favor of
the plaintiff. The rescrip per curiam
reads:
This was an action brought to re-
| cover the purchase price of a pump
installed by plaintiff In defendants
laundry.
Defendant contended that the
pump was unfit for the purpose for
which it was intended. Plaintiff de-
MED this contention. A plain issue
of fact was joined. The jury found
for the plaintiff and it cannot be said
that the record discloses any sound
reason for disturbing the verdict.
Motion denied.
That there was sufficient evidence
presented in the case in support of
the plaintiffs contention to warrant
| a verdict and that the damages were
| not excessive is the ruling in anoth-
er Cumberland County rescript per
curtain in the case of Madeline Sill
yer VS.. Florence Weeks. This reads
Per Curtain:
In this action for alienation of the
affections of the plaintiffs husband
the jury found for the plaintiff and
| assessed the damages at one thous-
and $4,000 dollars.
The case comes to this court on
| motion.
The issues were purely of fact. The
evidence was conflicting, but there
was sufficient in support of the
plaintiffs contentious to warrant a
verdict, and the damages were OBJ
viously not excessive.
Motion denied.
In the Waldo county case of Will
liam Johnson VS.. the State Highway
Commission the decree of the lower
court Is reversed and the appeal is
sustained by a rescript drawn by
Justice Sturgis. This is an appeal
from. the decree affirmed an award
under the Workmens Compensation
Act.
The rescript reads:
The petitioner was employed in
the summer of 1924 at Northport
hauling rocks to a crusher operated
by the State Highway Commission.
He furnished his own team, feeding
and stabling his horses at his own
expense at his home. His daily
wage for self and team was $3.50
day, with no allowance for board
of himself or horses.
July 10, 1924, having dumped his
last load of rocks at the crusher
he drove home, and while unhitch-
ing his horses in his yard. they
started and he was thrown down
and run over by the cart.
Held:
At the time the petitioner was in
| iured, the relation of employer and
employee was suspended.
The accident by which he received
his injury neither arose in the course
of nor out of his employment.
The burden is upon the petitioner
| who seeks compensation to prove
both these essential elements, and
the finding at the trial of facts not
being based upon some competent
evidence is an error of law.
Appeal sustained.
Decree below reversed.
I ,N11 "
an action, given when she is minor
is not bar to the action is the
| finding of Justice Morrill, in a Pc
| nobscot county rescript in the case
| of Marion Harding, Complainant. vs.
Ezra B. Skofield. The rescript
reads:
The release by plaintiff given
when she was a minor. standing
| alone, Is not bar to this action.
Proceedings under r. s. Chap
102 are civil actions; and. although
i they may be instituted by a minor
| before a settlement of such action
so instituted can be regarded as valid
| it must appear that the minor com
| plainant was represented by a next
| friend, and that such settlement was
| approved by the court. or affirme ed
| by an entry or judgment. r. S. Oh
| 70, Sec. 81.
BY statute in force when the &C.
,cusation of July p, 1912, was made
the trustees of Juvenile institutions
| had, and now have, all the powers
of guardian as to the person. prop.
erty, earnings and education of a
girl committed to their charge, dur
ing the term of her commitment
| and all the powers which parents
| have over their children.
As guardian they may appear for
and represent the minor in all legal
proceedings unless another is APP
| pointed for that purpose as guardian
or next friend, and may compound
and give discharges of the minors
dues on such terms as the Judge OF
probate authorizes; having the au-
thority of a parent, the board can
act as next friend.
The present record is insufficient
to enable the court to pass upon the
rights of the parties advisedly. 1t
contains no statement of the pro-
ceedings in court upon the accuse :
ton Of July 81, 1912, nor of the dis
position of that case. These are ma