Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-01-19

wards the damages werc duly appraised by the Com.
missioners The defendant after their appraissl.
aud without paying the dnmagcs, or dcpositing them
in bank as provided for by tho charter, changed
the location Of its road, under m authority granted
IN the charter. so that il did not cross the plaintiff.
land and abandoned tho first location The char
yer provided that the company atcr the appraisal Of
lands by the Commissioners, upon plyinv IN tho
"wuer the damages awarded, or dcpostin, the same
in bank, should be deemed to be seized and ms.
,esscd Of the land in respect to which the damn
should be awarded ma per I,nAr, Judge. rc,er..
ing the Judgment below that the Tight Of the land
owner and the company were, under the charter, co.
incident and reciprocal that the plaintiff could not
acquire re'f'd right to the damage. until the lie.
fcndant acquired ,e,,sd right to the land and
that az by the provisions Of the charter the defend
mt had not acquired vested right {, the land bv
payment or deposit, at the time Of the change of
location, the plaintiff could not recover
y. A. smallcy aud j. Mack for the plaintiff
u j. Phelps l.. j. Chittcndcn, for the defendant.
Morse u. & B. q. Il. Co. Case for killing plain.
tits cows by train the defendants road H,ld
pr BENEFIT, Judge, affirming the Judgment bcol,, ,
that the duty of the defendant to fence it, rood
only existed as between it and alilccn, land own.
ers and therefore, not an adjacent land owner.
could not msntan action for an ininrv to hi.
cattle, founded on the neglect Of the COMPANY TO
fence its road that whether the train Of the de,
PENDANT was ncgligcnly mana ged ON the Of
the INJURY was question of fact for the jury, to be
determined upon all the attending circumstances
and that the Court below was right in refusing To-
instruct the jury that any particular mode or specd
OF running train, was negligence rs matter Of law.
W. W. Peck, and Underwood 4 Hard for plaiu-
tiff; Phelp. Chlttenden and D. A. smallc,, for
defendant.
"oH'"5 j. Hgo Ronndt. Trcspas. G,r takin, rcr-
sonel property. The declaration stated TINT the de.
tendant seized, &c, certain horse the property Of
the vile, without stating that the trcspas. was COM
mittod before .rure. The declaration also omit
ted the usual allegation Of cot,yo raocu Demurrer
Hcid pr REDFrtLD, Chief Justice, reversing tko
Judgment below that the omission Of ,or,,a ,qc,,o.
was no ground Of even special demurrer. Int that
ing that the tre'pa.s committed before corernr,.
20 a to warrant the gaining of the life raintiH.
W. =. Briggs. Tor the plaintiff. A. Il. Maynard
4 l.. +. Mead, Tor the defendant.
OrcrwoH q Bi5',- e NmHL s. R,,dorJ,S Tit.ts,,.
The trustees disclosed that on the first dav Of April
1852, the defendants hired by paro lease from one
sherman, store in Burlington, for one year, at a
quarterly rent, that the defendant. took possession
and the 9Th of August, 1852, sold to the trustees
the stock Of goods in said store, and the right to
occupy said store till the end OF said vcar the trus-
tcos engaging to pay the rent as it should fall due
to sherman. Sherman not a party to thi. ar
rangement. The trustees took possession and occu-
pied to the end Of the year. and had not at the time
Of the service Of this process paid the rent to any
one. Heldper BENNErr, Judge, Affirming the iudg.
mcnt below, that the Transaction between the Dc
PENDANTS and trustees oneratcd an assignment of
the term that the trustees thereby became Liable d-
recly to sherman for the rent, 10y operation Of law
and that they were therefore not chargcablc As the
trustees Of the defendants.
". W. Peck, for the plaintiff Geo. I Edmunds,
for the trustees.
Thompson Prouty. Assumpsit. The defendant
contracted with the plaintiff to make expedition
TO California and labor much Of the year 1871 a,
would give him time to reach home by the first dn
OF December of that year, and that then he would
equally divide with the plaintiff the entire avail Of
the trip. The defendant abored in California I'M
der the contract till the period Of returning cd,
and then sent to the plaintiff sum less than one
half Of all the proceeds then m hand hut more than
o,e h.,f " ,utn proceeds, after deducin. reason
able sum for the expense, of return. The ucrrru-
mt remained in California till the Spring of 1852,
when he returned, having in the mean time accU-
muated further sums. Hoid per BENNErr, Judge,
reversing the judgment below, that the defendant
vas not pound to account for the accumuntions
made after the period for return had arrived hut
that he had no right, if he chose to remain in Cali
lorna, To retain anything out Of tn" proceed Of his
labor for his return expenses, and that he ia-
oe 10 account Tor ono nall the funds on hand at the
time ne hau CHOSEN TO make tho divl'ion.
Low Ihlcrwood ana H. a. HARD, for plaintiff
"eo' l. hdmund>' Tor defendant
HN'n Lyman ''' pcot on Judgment Dc
scF'oed as having been recovered by the plaintiff,
&C. without any Allegation that The former suit aud
recovery were III any representative character Plea
NM ' ''foT"' lhe record produced showed that the
ormer su't was ny the paintf "' aG""'"rf'''' &C.
1nu t"o' 'nc receiver! wa nau III mat 'hora'ter'-
"'" ," hipt'lI'p' 'n'e' 'u>'i'c' arim'h1 inc
J's"eh' "eo"' '''"' 'hc'c "a' no variance oel"eeh
'he record uescr'oeu' ana the one produced BIN
NETT 'uuge' u''seh''hs'
W. W. ie'I' lot 'ne p'a'n''u "eo' hdhu"l''
'o' 'ei'"u'nt'
"""" T. me ''"" H''f'' C"'e' Inc ne'''ra-
"'h s'A'ei ''a' certain highway IN SAD town "a'
ou' u 'VP"''' anu III" OIL hoes ana eAc''atl'h'' ana
'ha' oy reason thereof the plaintlh IN travelling
'h''con was injured IL appeared that the hiShway
h-a oech ABOUT four months before the injury 'ro'-
.eu oy the L. = n H. 20" by III r'a"' ana
oe'P cut mauo therein III consequence 'nu' inns ala