The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1865-01-13

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fearing that if he blew the whistle ii
would increase the fright of the horses, in
good faith refrained from blowing the
whistle. Two of the horses broke away
from plaintiff. and run towards the cross
ing. they reached the crossing and struck
against the 9TH car from the engine. and
Were injured. The jury found that The
INJURY was caused by the defendants not
blowing the whistle or ringing the bells a~
required by law Held that there might
be cases that would excuse the company
from complying with the statute: that if
the engineer acted in good faith. that
alone was not sufficient to discharge the
company from liability. 1t was Il que>-
ton of fact for the jury, taking into cen
Sideration all the facts and circumstances
in the case.
Judgment for the plaintiff below re-
versed and case remanded.
David Weeks vs.. Moody NJ. Boyntom-
This Is an action of ejectment for lands
IN Peacham. founded on Il mortgage deed,
tor the maintenance and support of plaln-
TIT. The deed contained the usual stip-
ulatlonS for support, but contained pro-
vision in the following words: Or if |
shall have an opportunity TO -cll >;,id farm.
and shall wish So 10 do, shall have the
right TO do so 10y paying or securing 10
the said Weeks such sum and In such
manner as the Judge of probate l"r the
district of Caledonia tor the time hcirg
shall consider will be just and right. the
remainder of the life of said Weeks from
such date The defendant wishing 10
sell said farm but having no opportunity,
applied to the jud ge of probate for said
county. and there WAS Il hearing before
said Judge on the l>t day OF january,
1861. The plaintiff objected to the iulrc
proceeding As the defendant had Ii" chance
to sell, but the julie decided TO hear the
case, and made his award that the defend
ant should pay $50 yearly in two semi
annual payments commencing from Jan L,
81. and should give the def-t :; bond wiih
surety in the penal sum of $1,000. 10 be
approved of by the cashier of Caledonia
county bank. After this defendant gave
his bond and made payments in pursuance
of the award at the bunk. and refused "a
support the plaintiff IN any other w.sy-
Held. the award of the JUDI Of p.7'latc
WAS void for two reasons FirS!- the oon-
tinsencv on which alone he had authority
TO act had not happened. a. ihe Defendant
had no offer OF purchase ot the place
which he wished 10 accept ami second ne
had no authority 10 delegate 10 the cashier
of the hank to decide on the Suilicicncy oI
the bond
Judgment for defendant reversed and
case rem,nded.
ORLEANS CoJNTI-
Heirs of John Pope " estate OF John
Pope.
John Pope made will. two witn..>>r-
Were present. and witnessed the viii, =
third person wis present. but a> he waS
the executor named in the wil. ii was
thought best for him not 10 witness ii. an
other witness was then sent for. vino came
and the te>;ator and the two witnesses who
had signed 1lac will were ali present with
the third witness: The tc-i;t"r iuinrin i
the third witness that he >i@Icd the viii.
and one of the other witnesses vino had
signed the Will pointed ont their ~irla-
tures. ami told tn. third witn l,l,'r lai
signed IL Held InaI me VIII NJ mpi
properly executed. that tlii> w,~ no1 u
signing hv the witnesses in tie presence ot
each other.
,ju'l lgment reversed and iudgmcni thai
the instrument l. moi the will ci' John
Pope
:. W. Cobb W Jas. Bil>wcll
This Was an action of troyer against an
officer for attaching certain property ci;,inl-
eI bv plliltitf \ debtor ot the plaintiff.
while the plaintiff was living in Ncss
Hampshire. where the debtor t!lcn iivel
gave the plaintiff cllarfel mart-are oi
the property in suit. which wa- vail 10y
The laws of New Hampshire. without
change OF possession. The debtor illc:a
brought the property in:" Neinon; with
the consent OF plaintiff, anl hcld i; ;nd
used it for some months ll:iyin- III cNriH-
Sive possession oi the same whcn il Was
attached 10y the dc!en.i:lni a. an Office al
Il debt due lii Vermont Held ;ii;i. lhc
plaintiff lien 10y Virtue al III, rlaaliI
mortgage heing good h. the laws of NeW
Hampshire where The defendant illca
lived. ii was equally valid in Vermont,
AMI the plaintiff wl- caiill',i to Recover.
Irirmrn, oi r;,,. ,-o;Iri b.:aN ;,fii.5;a J