Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1848-05-05
Windham County Court

The April session Of this Court was con''nen'7
ed on Tuesday Of last week; Hon. u. hh.so"e
Chief Justice, Hon. JAS. II. PHELPS anu i'o"'
THOMAS MILLER, Assistants
A special Grand Jury having been ca''ed,
were impanneled and charged ipey 'ounu
twenty bills, most Of them il IS unders'ooo' pe-
ing for violation of the License Law d,
Eleven cases were put down for the jury ana
only portion Of these were tired
Chester NJ RdmsleA vs.. Reuben smith
Action for s,l.e ;mpri,onment Plea, justin
cation by virtue of legal process and issue, Yer.
dict for plaintiff, and reviewed. FOR p'a'nun'
J. 4. Butler and O. L. Shafter; for deiendan''
p. White.
CAarie, Phelps vs.. Stephen TAayer.
E;ec,ment. Verdict for defendant. For PLAIN
tifF, J. II. Phelps and J. Z. Butleri tor dsienu'
ant, J. Roberts
Francis HolJroot vs.. Gates Perry, Jh'
Tre.pa.. BY taking a 10, Of skins. The jury
did not agree. For plaintiff, A. stoddard anu
OIL. shaHer; for defendant, c. l. Walker ano
@. b. Kellogg
! jonathan Hor By his merit friend, vs. AHihonl
Van Doom. q -
Assault and battery. Verdict for plmniln
s1s2 Ca. For plaintiff, J. d. Bradley, viii
vhom WAS r. W. Clarke for defendant q. l.
sbaf,er, with whom was A. Reyes
John Reid vs.. Robert WessedhefL
A,.umpsi,. Verdict for plaintiff, sii2 3d.
Far plaintf. o. L. Shaner and c. l. Walker
for defendant, A. Reyes and J. ID. Bradley
Moses Lyford Va. Sy're,tsr 5. Nefceo"o.
Assault and battery. The Jury did not Rgre'
For plaintiff, o. L. shnfter and J. Roberts; 10
defendant, w. c. Bradley, with whom was j. I
Butler.
Darid Foster VI. 7oicn Of Westminster
Thi. wa. the principal case Of the term' an
oceupied some two days. 1t was an acoon
the case against the town, to recover ior 'n)ur'V
sustained BY the plaintiff in consequence OF
lodged insufiiciency in highway IN sAid 'o"'
Plea not guilty.
: i, appeared in evidence that on the ION "a
Of February. is47, the plaintiff was Passin
; down the Willard Hill in Westminster, with
load Of chestnut posts on a sled drawn by thre
horses, and on passing over a water-bar' "a
neck-yoke gave way, and let his load upon
horses, and be refined in towards high bank
' the cas-, side his horses got into a hole in q
road, or ditch by the side Of IT, part Of
load slid OF on TO his horses one horse had b
leg broken, the other was little injured al
the plaintiff received some personal injury.
The plaintiff introduced testimony tendii
strongly to prove that the road on the villa
Hill was greatly out Of repair, and that q
caused the accident
The defendan, introduced testimony tendii
strongly to prove that at the place OF the sc'
dent the road was in good repair. The deien
ant also introduced testimony tending to pro
that the plaintiff, at the time Of the aoe'dei
was not in the exercise Of ordinary care; u
his neck yoke was weak and unsafe, and that
knew it; and that he did not chain his runne
as was the general practice
Upon all these points, the testimony was We
conflicting
The Jury returned verdict for defendant
Argued for plaintiff by A Reyes and D.
Shafier, with whom was J. Kimbaili for
PENDANT, by W. c. Bradley and c. l. Walk
with whom was n. 7. sheafe and G. b. kelloI