Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-08-17
DEFERRED ARTICLES.


important Decision.
Atihe recent term of the County Cour
in this County, Judge l.. r. Poland presiding
the following case was tried and decided.
We have taken considerable pains to obtai
a full and correct report of the case, mas
much as The principles involved in il are {
more than ordinary importance to some {
our customers
Connecticut and Passumpsic Rivers Raj
road Company vs.. Thomas Nelson. Tn
was an action on the case. The doclaraiio
alleged that the defendant carelessy and ne
gligently permitted his cattle to be in TIN
highway, and that they therefore went upo,
the plaintiffs Railroad where the highwa,
crosses the track of the Railroad BY reason
of which the plaintiffs cars were thrown
from the track and nearly demolished. and
that the track was thereby much injured
and claimed TO recover the damage which
the Company sustained IN consequence
thereof. The defendant plead the general
issue, Trial by Jury. The plaintiff intro
duced testimony tending to show that upon
the evening Of the 2eth of July, 1854, the
plaintiffs by their servants were running
their evening passenger train over their road
at their usual and ordinary speed, and with
proper care, and that at highway crossing
near i" Clay Island in Ryegate, the train
came in contact with the defendants cattle,
some of which were on the Railroad at the
crossing, and.others near the track-iha, the
engine threw one of the animals with great
force a considerable distance from the track.
killing IT Instantly that another became en-
tangled under the rear car of the train and
was killed that this car was thereby thrown
from the track at great distance, and badly
damaged, and that the track was much in
Jured. The plaintiff further gave testimony
to show that the defendant had frequently
before permitted his cattle TO run at large in
the highway, and that the fences between the
defendants pasture and the highway were
insufficient to restrain cattle. The defendant
introduced testimony tending to show that at
the time the cur went of the truck the train
was passing over a curve in the road at great
and improper speed, and had been thrown
from the track before il reached the cattle
so thatthe car was not overthrown by reason
OF the cattle. Also that the cattle guards
nj this crossing were not properly located,
and that the defendant had placed these cat
tie IN his pasture on the evening before the
accident
The Court Judge Poland charged the
Jury ia substance that if they found the cat
tie were not the cause of throwing the car
OFF the track, but that 1t got of by other
means, they should return verdict for the
defendant; that II they found that the cat-
lie guards were improperly located, and that
thai was the cause of the car being thrown
oil, the defendant would be- entitled to a
verdict But If they found from fair bal
anee OF the testimony, that the car was
thrown oil by the cattle, and also found
the defendant guilty Of negligence in rela>
ton to the cattle being there at the time, then
the plaintiffs would be entitled TO verdict
for the damages they had sustained. Tia,
tine defendant had no right TO have his cattle
IN the highway unattended, and if the jury
found that they were so that of itself was
prtmd face evidence of negligence on the
part of the defendant, and in that case The
burden would be cast upon the defendant of
satisfying the Jury that he had used ordinary
care and proper vigilance to restrain his cat
lie from going into the highway.
The Jury rendered verdict for the plain.
tits for $3.50 damages and costs.
The .Ner Dome on The Capiiol.-The
Washington Union says that the old dome
rs to be entirely removed from the roof of
the capitol aud an octagonal base construct
ed, one hundred and thlrty-two feet in dia
meter and twenty hive feet in height. Upon
TINS Will stand noble colorado of ihirly-slx
solumns, with appropriate entablatures, bal
ustfades, &C., and from these will rise ar
enriched attic, thirty eight feet in height and
one hundred and seven feet in Diameter
The attic will form the base Of the ca,ola
the diameter of which is 10 be eighty .eigh
feet, and the height iifty-six feet. Tin
whole will be crowned by gracefully pro
portioned lantern, supporting coosss
statue OF the Goddess of Liberty. The en-
tire elevation from the ground viii be, whe
completed, three hundred feet. The Unio
says:
The interior Is exceedingly rich, and III
ornaments are OF bold and striking chul
acer. The present rotunda is preserved
high as the top OF the cornce above tn
will be gallery over which d belt of sculI
ture nine feet high, and nearly three hundrea
feet long, extends around the entire dome.-
Above this there is to be succefsion
galleries, colonades aud en,ablatures, att,
and oalus,rades, surrounded by a hemisph
real ceiling, crowned with lantern al II
height OF two hundred and eighteen fe
from the floor.
The highest point Of lookout il two hui
dred and seventy-hye feet above the grour
ON the eastern 'front.' and the highest po
from which the interior eau be sean IL Nv
hundred and eighteen feet above the aoor
The whole work is to be Of iron, from b.
tom to top. inside and outside. /, will /
the first structure Of the kind ever built e
tirely Of this material. The design.
well as the working drawings, is by n
Walter, the architect of the Capitol exte
sion, and the execution of the work is un,
the direction OF Captain Meigs, Of the toI
graphical bureau"
"Denaad and Suppiy"-TwelyeA Anne
can surgeons il is said have within {;
veeks gone out 10 join the beligerent arm
OF kcroPs. Nine are attached 10 the servi
Of the Car, AMI sares have joined the
lsa