71 Maine, 269 (town's liability for negli gence of its agents); Simpson v. Garland, 72 Maine, 40 (principal and agent, bills and notes); Bessey v. Vose, 73 Maine, 218 (amendments of officer's return); Coolbroth . r.R. R.,/7 Maine, 167 (master and servant); Howe v. Patterson, 78 Maine, 229 (liens, when not affected by insolvency); Pierce v. Stidworthy, 79 Maine, 234 (Alabama claims). During the almost nineteen years that he was a judge he wrote two hundred and forty-six opinions, averaging nearly thirteen per annum; but much more than that after making due allowance for dis posing of cases by rescripts when not in volving any new point of law. Of his lead ing cases three or four may be mentioned as showing his style and directness. Spofford v. R. R. Co., 66 Maine, 26, treats of the taking of land for public uses, and holds that the railroad commissioners exceeded their powers. In it is this salutary rule : "Judicial discretion is to be exercised in accordance with the established rules of law." He hated fraud, as see R. R. v. Mayo, 67 Maine, 470, and Thompson v. Pennell, ib. 159, in the last named using these terse words : — "If a trustee comes into court and sets up a fraudulent claim of title, he cannot invoke equity. If the decree will be a hardship to him, it results from the position he has voluntarily and deliber ately assumed, and which, if he should bepermitted to succeed, would defraud the plaintiff." Stratton v. Currier, 81 Maine, 497, states the rule regulating dams and storage-waters. Bangor v. Smith, 83 Maine, 422, holds that our statute requiring common carriers to remove paupers is an attempt to regulate interstate commerce and unconstitutional. Thatcher v. R. R. Co., 85 Maine, 502, sus tains a verdict for damages to a lumber-yard caused by fire from a locomotive, and deter mines rules of evidence applicable to such actions. Although apparently a reserved and aus tere man, Judge Libbey possessed great
kindness of heart, and rarely, I 'believe, allowed an opportunity to pass unimproved of extending a helping hand or of offering a word of advice or encouragement, particu larly to persons just starting out in life, and more especially if the service could be ren dered without causing observation or re mark. His former partner, Daniel C. Robinson, Esq., now of the Boston Bar, thus relates an incident illustrative of his interest in young men : — "I shall always revere his memory for his kind ness to me in early life. At the request of friends I had decided, somewhat reluctantly, to settle in Worcester, Mass., and in the spring of 1874 was on my way thither, having secured an office there, when I met Mr. Libbey on the train. He was gbing to YViscasset, where he expected to spend a week at the April term. He inquired with genuine interest concerning my progress and plans for the future, and discussed with me in the most kindly manner my project of settling in Worcester; and finally suggested that I give it up altogether and come to Augusta and become his partner. 1 )oubtless he imagined that this would be gratifying to to me, as I had relatives and friends living there with whom he was well acquainted. "He advised me to take a few days to decide about the matter and then join him at Wiscasset. I did so, and on a beautiful moonlight night, a few days later, while pacing the long, old bridge that spans the river there — a practice, by the way, which he dearly loved — he stated to me the terms upon which I should become his partner and share the profits of his already large and rapidly increasing business. Certainly, nothing could have been more generous than the terms proposed. Certainly, no young man was ever more kindly advised or cordially welcomed to par ticipate in the pleasures to be derived from busi ness relations with an old and successful practi tioner than myself." Judge Libbey was a most persistent fisher man. He went for a great number of years to Mooschcad Lake, and in the early days had great sport there " casting the fly." A favorite spot at that time, although long since abandoned by modern anglers, was a
