Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-01-20

made the following points in the defence
LIST. That the road was good that II an
swered the legal purpose of its construc-
ton, which was merely as neighborhood
road. I'd. That the deceased at the time
of the accident was intoxicated; and Sd.
That he was driving out of the ordinary
travelled track, and hence the town was /
not liable for the accident. The town |
claimed that the deceased was not thrown
from his wagon as the plaintiff in his de-
claration alleged, but that near this sluice
he stopped his team and attempted to get
out of his wagon for some purpose or
other and in consequence of his iniirmity
and intoxicafion became entangled IN the
tackling and fell. In support OF this
theory they relied upon the fact that
when found his gloves were in his pocket,
whereas when last seen abou. half mile
from the place of the accident they were
upon his hands,, it being cold weather;
also that the condition of some parts of
his dress indicated that he had an inten-
ton in getting out; also that his whip
which he took in his hand when last seen
was laid down in the bottom of the wag
on. There were indeed according to the
testimony, certain indications that the
horse had stood some length of time at
this place, such as tracks indicating a
change Of position in the horse while
standing and insecure. a bottle of high
wines was found in the pocket of the de-
ceased though only very little was gone.
These were the principal circumstances
relied upon by the town to establish their
theory relative to the accident.
The plaintiffs counsel urged strongly,
as being of great significance, the fact
that this accident happened at this bad
place in the road, and that tue hat was
, found close by the sluice and some little
- distance from the commencement Of the
trail made by the head of the deceased.
> They dwelt also upon the fact that the
. cane of the deceased was found in the
bottom of the wagon, and the testimony
was that he always used his cane in get
ting out. They claimed this in support
of the theory that he was thrown from
the wagon. They supposed that he took
off his gloves to tie his reins together
that he might put them over his neck
which he frequently did, and that wher
thrown from the wagon it checked the
y. horse, and hence the above evidences o
his having stopped and stood there unit
cold and hunger urged him to start. The
testimony in the case was almost exclu
ot sively of the circumstantial order, more
=, so than usually enters into cases merely
civil in their character, consequent,
counsel could give free scope to thei
speculative genius and the one most fer
Of tile in theory and speculation was tn
,a most influential with the jury. The cas-
40 was argued by the best counsel at tn
. bar-by Jesse Cooper and Timothy T
Redfeld for the plaintiff; Stoddard E
u Colby and Thomas Bartlett for the de
PENDANTS.
The court charged the jury if the
found the bad place in the road to hav
been the sole cause of the death of Nj
SEES Clough, then the plaintiff should r.
VI cover otherwise not. Verdict for plail
i" tiff 500 and costs. Motion in arrest
~ Judgment and motion for new trial by ii
- counsel for the defendant. Motion owe
,n0 ruled by the court Exceptions by
MS PENDANT. These were also denied in Il
7, l"' case.
MS Prentiss for plaintiff; Wilson for
"s PENDANT
II No. Ia. II. N. Cochran vs.. Ric
an ardson & Whipple apt. An action
'F'- book. l. n. Cushman, auditor; repC
UT for plaintiff; judgment on the report
riaI reported.
100 Prentiss for plaintiff; Steele for {
PENDANT.
No. 1906 VIM L. Locke VS.. Slime
Hidden. An action in assumpsit; ISIS
lay to the court; judgment for the plain
ugh SI9,48.
OIL Prentiss for plaintiff; Child & Bent
me for defendant.
u a No. 123.-N. F. Woodman VS.. AK
nch Cello. Audita QnereIa. To set asid,
he judgment for want of notice to the
500. PENDANT, the defendant being all the ii
'ute in the State. Demurrer by the defel
y Is ant hearing upon the demurrer. I
wld- court decided that audta was not
In proper form of action to vacate ju
and ment obtained under those circumstanc
ices that the proper remedy is petition 70
light new trial Demurrer sustained and in