Linn v. Barker
Decision Date | 23 December 1909 |
Citation | 106 Me. 339,76 A. 700 |
Parties | LINN et al. v. BARKER et al. |
Court | Maine Supreme Court |
On Motion from Supreme Judicial Court, Penobscot County.
Action by Robert D. Linn and others against George W. Barker and others. Verdict for defendants, and plaintiffs moved for a new trial. Motion overruled.
Action on the case to recover damages for the loss of the plaintiffs' buildings by fire and, caused by the alleged negligence of the defendants.
The declaration is as follows:
Plea, the general issue. Verdict for defendants. The plaintiffs then filed a general motion for a new trial.
The case is stated in the opinion.
Argued before WHITEHOUSE, SAVAGE. FEABODY, SPEAR, CORNISH, and KING, JJ.
P. H. Gillin and Harvey D. Eaton, for plaintiffs.
H. H. Patten, Louis C. Stearns, Louis C. Stearns, Jr., and W. H. Powell, for defendants.
April, 1905, there were two sawmills on the east side of the Penobscot in the town of Milford owned by the Bodwell Water Power Company, one of which was rented to George W. Barker & Son, the defendants. In From underneath these mills a small narrow gauge railway track led out and down the east bank of the river for several hundred feet. Its object was to remove waste, and it was equipped with several cars for that purpose operated by hand. For 300 or 400 feet at the south end of this railway ran a stone wall which was from four to six feet high on the west side, next the river, and by the steepness...
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