National opinion. [volume] (Bradford, Vt.) 1865-1874, 1869-02-12
OPINION COURT REPORTS.
BY our Special Reporter.


RORERT NELSON.
Assumpsit: Before Justice Alb
bott, at Wells River, Feb. 4, 1869:
OMnibus Court. Trial by Jury OF
six.
Inc case presented some novel.
ties and not a little amusement. 1t
appeared that the plff. and deft.
were brothcrs.in law, substantial In
those things requisite for spirited
and hard contested lawsuit, to wit:
ready money. And the trial dis
closed symptoms of i'll feeling be-
tween the parties, intensified by
lapse of time. No curative appear.
ed adequate, save depicting clinch
at law; all attempts at reconcilia-
ton and compromise having proved
abortive.
The plff. presented to the jury o
specification Of his claims against
the deft., to wit: among other
things, oats, hay rake, hay rack,
some pine boards, lot of second.
hand shingle, cord wood, ETC., etc.
The deft. also exhibited claims
against the plff. for whiskey-sun-
dry items, Pine boards taken, sans
'e are prist, (O quantity of straw,
brass kettle, and damage to arch,
storage of hay rack and rake, etc.
Most Of the items, on both sides,
sounded an tort, not fitting for q
seat in the omnibus court In assump.
sit.
1t appeared the deft. purchased q
large farm Of plff., in Nov, 1864, at
the price of o. 800, reserving tho
right to plff. to remain in possession
till April following. While 50 in.
possession of the farm, the plff.,
without deft.'s knowledge, appro-
priated some boards, there at the
purchase, used as scatfolding, which
dett. made an item of Charge
When plff. left the premises, he
moved away out of town, leaving
behind the hay rake and rack, some
second hand shingles, cart wheels
and wagon wheels, etc, etc, to be
afterwards taken away. But while
they remained, and deft. having
come into possession, his hired man
and young son, without deft.'s
knowledge, undertook to fit other
wheels to the rake so as to make it
90, in haying, and injured the rake
somewhat. On y certain occasion,
in hay time, when a thunder show.
cr was iminent, deit took the hay
rack to cart in load or two of hay,
and it was left out exposed to tho
weather. These articles remained
on the premises, somewhat annoy.
ing deft., being in his way, plff. not
removing them, though several
times requested to do SO. Hence
the storage item.
1t further came out, that after
this suit was commenced and an
adjournment had taken place, plff.
took witness and went to one OF
dcft.'s barns to examine two or
three scaiiolding boards not yet
taken away Whereupon dett. for,
bid their entrance into the barn;
but the plfi., regardless of dcft.'s
protest, entered the barn; the wit.
ness, thinking prudence the better
: part of valor, stopping Without
Whcrcupon the deft., na Is and ham.
mcr in hand, spiked up the door, in.
f tending TO cage the plfi. But plff.,
understanding all the outlets of tho
premises, soon descended to the
basement and emerged from an
opening back side the barn, and
} putting his thumb to his nose, in.
3 dicated TO deft. that he was Lot an
Y easy victim to spikes and nails, and
|. left. These three sCaflolding boards
:. made an item of charge in plff's
u specifications.
Some amusing Incidents occurred
as the trial went on, which lasted
- till late in the night. After three
or four powerful appeals to the ju-
: ry by eminent counsel, the jury re.
. tired with the case, and ut daylight
informed the parties that in their
judgment the only legitimate pas.
sengcrs in that omnibus were oats,
whiskey, buckets aud hay rakes,
and the deit. was doomed to pay
The fare, in the sum of Sl3, ga, and
costs of the proceedings; and an
appeal being taken, the multitude
dispersed.
Leslie and Rogers for pin. Mar
r din and Underwood for deit.
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