The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-12-19
For the Freeman.
Report of County Court Cases,
Caledonia County Court, December Term, "A. D.,
1868.
Hon L. P. POLAND. Presiding.

his was an action on the case for an injury TO
the plaintiffs horse alleged to have been received
on the highway in said town, leading from East
Hardwck to Bartoo, on Sunday night, May 20,
1861.
The plaintiff claimed, and his testimony tended
to show, that he was driving pair OF horses at
The time and place nam d, when Of them
stepped through defective bridge and fell down
and was famed thereby for several months so as
to be unfit for seryic-.
In the opening, the plaintiff was the only wit
ness called 10 prove that any injury occurred at
this place The pll.ltih stihed that two men
came up behind him st she time, and that one of
them assisted him in getting up his horse chat
he supposed this man TO be one Thompson, nn
-. quaintance Of bis at Barton, bu. that Thompson
had been subsequently seen by him, and proved
not to be the mn Iue defendant then gave
evidence tending to show that the bridge mad no
such defect in 1t That described by plaintiff, ana
that plaintiff horse iOdS not iaHed there, but was
famed prior TO he time of the alleged injury.
The plaintiff then called N reply, one EIbrdge
Huntoon, Of Lyndon, who testified that he OaS
The man who came up behind the plaintiff at the
time and place named and fully confirmed all the
testimony Of plaintiff, as TO Inc injury there. He
testified that one Nose Sawyer was with witness
and that Sawyer helped the plaintiff out O. his
difficulty. That Sawyer Of Iopsham, VT,
but that be had gone into the 10th regiment of
Vermont volunteers.
The witness testified that he had seen the
plaintiff repeatedly slice the occurrence but had
never told hun of what he anew about it, except
to say to him in January lat, that " perhaps he
could be Of service 30 him." nor disclosed these
facts to any one but his own wife, until plaintiff
called GA him with an officer and subpoena at
Lyndon, GA the evening after The plaintiff had tes-
titled in opening his case, al this term OF the
court.
1t was the finding Of this long sought witness
to this point, by such mautaous good fortune
that impaired to the case an interest almost dra-
matte
Verdict Tor aintf. Damages 1913 90.
Bartlett. & Burke for plaintiff. Davis, Red
field Colby for defendant.
Frederick p Bridsmqn Us. t0lon of HardlOick
This ALSO was an action on the case for damages
to the plaintiffs person, alleged to have been
ceived on the night Of the 9th OF May, A. d.,
1868, in consequence OF insuthciency OF the high
way in said town. The plaintiff testified in sub
stance that while driving alone, IN a single buggy
wagon in passing covered seuce, the off wheel
struck into a rut or sag, threw out the " King
Bolt" thereby dlsengaglng the icre wheels from
the body of the carriage, and throwicg him to the
ground. niurlng bis night shoulder so as to rem
der it instantly, utterly powerless, and the arm
useless. That he then caught his horse, put the
wagon together, and drove home, a few miles dis
tant, having no assistance from any one, and not
speaking to any person on the subject of
the accident, until he reached home. That
he had not recovered the of his shoulder, bur
had been compelled to carry his arm In sling, up
to the present time. His testimony tended to
show that the depression at the deepest place of
the rut, was six or eight inches.
The defe1dent gave in evidence that the deep.
asst depression there, as shown by measures made
the next day, was only four md quarter inches,
and the track perfectly smooth, and free of OBJ
structious other than this depression that sew
eral persons, in Presence of the plaintiff and his
counsel, a few days after, for experiment, drove
through the place with similar carriages, and
with the same one, without any marked effect ex-
cept jar or jolt that the surveyor had passed
over the road shortly before and found no want
of repairs other than ID usual upon such roads at
that season of the year, the ground being only
within few days, free Of snow and frost ; that
plaintiff was seen before reaching the place driv-
ing with great velocity and in like manner about
one hundred and fifty rods after passing the
place, on the same night; that no trace or mark
was to be seen on the road, ofany kind, indicating
the fall of wagon there, or other disturbances of
the surface tina plaintiff had been seen often
to use the arm freely, since the alleged injury, by
driving fast horses at full speed, with reins in both
hands, saving the bits" applying the whip, also
helping himself into wagons by placing one hand
on the seat, (the lame one,) aud the other on the
dasher likewise Harvesting horses, hitching the
tugs using both hands riding ono horse and
leading another By strap held in the lame hand,
and using whip at he same time, and other like
exercises
The plaintiff in reply, testified to the contrary of
most OF the allegations on The part of the defeLd
ant, particularly to fast driving, and as 20 the
use Of his arm to the extent described by the de-
tendant's witnesses also called surgeons who were
OF opinion that the shoulder had suffered perma-
nent injury, though unable to determine the pre-
else nature Oft ana called several persons who
had travelled the road shortly before anG after The
time OF the occurrence, and met vita some diff
Guilty there. cine had been thrown out of
" trOHing gig On 10 his horse, (he driver rest
ing his feet on the Cross bar at the time, there
being no braces or stlrrups.) One had broken a
looking g ass which he was supporting against his
knees while driving " Smariy" One slttins on
a piece OF board resting on the side of lumber
wagon, had his seat jolted off at one eld. One
had his king bolt nearly drawn,-some two or
three had 1t entirely drawn out. Also one witness
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