Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1858-02-12

NSHAiet fSFeozts ~ bGfnNs haFieAs hnfke aAa 81
Johnsbury,l was commenced on the seth Of 0ea
tober las, oa an assessment Of si0, made The
25ih day Of May, A. D. 1857, payable the first Of
September, 1857 Al the same time, assessments
OF ten per cent We're made; falling due once in
sixty days sfter the fist day Of September. 1851,
until the whole amount Of one hundred dollars
on each share ofthe capital stock Of the Con.
necticut and Psssumpsic Rivers Railroad Co. f
should be due. payable and paid into the Trea-
sury OF said corporation.
This writ, with the Others, was re'urnable a, I
Norwich, in the County of " indsor. on the 18th /
day of November A. d, 1857, before George +. 4
Wales, Esq, Justice Of the Peace, demanding IN |
damages, in the writ, the sum of ten dollars.
On the 15;h ofNoveinber. the parties appeared
and aler session Of four or Ave days, their suit
with five others of its twin brothers, was COM
tinued until the first Monday Of February a. D.
ls5s, . by order o.1-4r:.'
r On the first day Of February A n. 1855, the
corporation appeared befire said Justice by its
President, Clerk, Directors Contractor, and the
Contractors Agent, E. B. Chase and counsel,
t KimbaTl of Barton and Marsh of Woodstock
: The defendant was represented by Dillingham; Of
waterbury, Coorer Of Irasburgh. and Sartle Of
Barton, anu ten or twelve wjtaessas An order
1 of bail was made upon the plaintiff, aal CONT
/ Piled with; after which a Jury was called for
by the defendants counsel, and Gen. Lewis was
ordered by the court to prepare to draw n Jury.
Twenty four names of the good citizens OF Nor
j witch were put into the box in all; and Gown to
three Of which the defendant objected, and fifteen
~, h Inv,
summoned as follows: Col. Alva Simpson.
Samuel Wright, Esq, Don \. Brigham, Samuel
: Currier, E. b. Brown, and Rufus. B. Cloud.
: A subscription book was introduced in which
e It was stipulated that no subscriber should be
liable to pas until the whole road from ST. Johns
bury to Derby Line should be put under contract
7. for grading. 1t appeared that the Sth day Of
# May 1854 the Directors voted to locate the rail
road from Barton north, via Parkers & Arnolds
u Mills to Derby Center and Derby Line. A con-
o tract with Adna P. Bach was given in evidence,
II dated October II, 1855, by which it stpu-
lated that Balch should build the road from St.
Iuhnsbury to the north line Of Derby, on what -
d known as the Fox SURVEY rom St. JOhnsLary TO
o Barton, which from Barton north, is known as
,f the eastern route.
1t is provided in said contract, tha' ifthe direc-
tors and the contractor shall disagree respecting
the location ofsaid road north of Barton, that i:
shall be submitted to Jonas Haywood, Onslo
Stearns and the Chief Engineer of the Corpora
le tion, to make the location, which is to be, al
n things considered, the bes. place for the company
II appears that there never was any disagreement
IL about the location, the Directors would have
d, the road located on the western route, via New
port. to point on the Canada line 8 IA mile
west of Derby Line; and that Bsich refused Il
build on tile eastern route, which terminates a
is Derby Line; but that to avoid the responsibility
no the referees were called together, with a ful
knowledge that they were pledged TO lay the roa'
oil down the river, and they did so, without an,
examination except such as they could make il
Iv riding the highway near the route, and tina
/, they did not even do this to the eastern route
On the commencement OF the BUSH ess, the plain
vi tifTs sent to Chelsea and Woodstock for addition
y, al counsel; ard by means of the telegraph the
as brought Hon. T. 7. Redfeld from Montpelier, +
:. the rescue.
A. The evidence was closed on Wednesday. til
OF 81, in the afternoon, from two to three O'Clock
pd The Jury were then addressed something owe
- two hours by Mr.. Marsh of Woodstock, attempt
ing to establish that the expressions or word
IA Derby Line. in the contract, means
at First The north line Of Derby, from Hollan
a. to the Lake.
Second That it means that the road shall b
~ located within tie limits of the Companies Char
d. ter.
Third. That if the road is located In the bes
= place for the corporation. and as near TO Derb
line as is practicable on that surveys it is CON
Gu pance with the condition precedent in the col
ny tract.
At the commencement of the argument, III
good people of Norwich gathered in 80 that {
the close Of Mr.Marsh's argument the large room
70 Of the Union House were well filed.
Mr. Cooper opened the argument for the d,
fence, and placed the defence on the ground ihi
the expressions Derby line in contract, mear
Det.Ly Line Village, and was SO understood b
the parties when tile contract was made; an
b hence, the putting Of the road under contract
ion grading to that point waste he performed by Il
- plaintiffs before they entitled to recover.
''i The argument for the evening, closed abo
oil eight o'clock.
it'll On ThursIa- morning the 4th Mr.. Cooper W
followed by Mr. Dillingham;; Mr. Redfed in r
=, ply Closed his argument for the plaintiffs fe
'he minutes before one O'Clock. 1t is perhaps d
the to the parties, the occasion and the magnitude
pa- the cause, TO ray that the arguments were n
=. only able, bni we're unusual efforts for the ge
tleinen engaged.
A0er The Argument the jury were very at
charged by tie court, substantially, that t
= question for them TO determine was. what y
VI meant by the expressions, +" Derby Line" in I
IN contract? If, from al the evidence they font
cen that those expressions were understood by {
parties when the contract was made TO me
Derby Line Viage-then the defeBdsn, was e
III titled 70 Il verdict; but If on the other hand.
;On- parties, the defendant well the puintf, a
nm derstood those expressions to mean the north i
Of Derby, then the plaintiff was entitled TO y
Dict
The Jury retired, and al about three o'elo
returned verdict for the defendant. 10 reeor
his costs, taxed at a few cents over si4s,
nts, which judgment the plaintiff appealed, 50 4
the these parties have two sniis pending
-; Windsor County Court, On the same subserplh
The people Of Orleans County who attsn'
'e'' the trial. have 70 respect the good PEG
ans Of Norwich fDr their kindness conrtssy and -