Foster v. Cushing
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. presiding. Case, under R. S. c. 67, <§> 9, to recover for driving the defendants’ logs, which had become so intermixed with those of the plaintiffs’ that they could not be conveniently separated, for the purpose of being driven down the river.
Read the full summary
On Exceptions from the District Court, Hathaway, J. presiding. Case, under R. S. c. 67, <§> 9, to recover for driving the defendants’ logs, which had become so intermixed with those of the plaintiffs’ that they could not be conveniently separated, for the purpose of being driven down the river. The plaintiffs introduced, evidence tending to show that the logs were intermixed, and that they, in order to drive their own, were compelled to drive those of the defendants, and that they made a clean drive. In defence it was offered to be shown that one Jellison was driving logs down the river; that…
1Opinion of the CourtAppleton, J.
— This suit is brought to recover compensation for driving logs under the provisions of R. S. c. 67, § 9.
The defendants proved, or offered to prove, that they engaged one Jellison to drive the logs in controversy; that Jellison proceeded to drive the same, his drive being a short distance, two or three days, behind that of the plaintiffs; that many of the defendants’ logs were left by the plaintiffs; that Jellison drove such logs reasonably clean and that they had paid Jellison in part for so driving.
*62The counsel for the defendants requested the Court to instruct the jury that if the…
2Cited by2 opinions
- Beard v. ClarkeSupreme Court of Minnesota · 1886
- E. W. Backus Lumber Co. v. Scanlon-Gipson Lumber Co.Supreme Court of Minnesota · 1899