Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1870-09-23
Windham County Court.
sErT. TEBM, 1870.

I
pm grist mill, The plf owns a yri,
mil IN Wardsboro village, and a orr,
mil has stood on the same site for n,
wards of sixty years. The def own
the land directly west of the lot on wbicl
, the mill stands, both lots RUNNING 70 H.
street. The mill standing near the Mfr
west line, and about two rods from the roa,
anudoor hearth northwest corner Tn,
deit' has shop on his lot standing som,
seven feet farther back from the roaG
tnan the mill, and the space between the
shop and road has always remained opeu
ana not enclosed by fence. In 1857
deit built barn on the northeast cor.
ner oil his lot, within 2 or 3 feet of the
miii, and extending out toward the road
some 10 feet farther than the mill. and
rendering it difficult if not impossible to
dfiVe team from the road to the mill
door, as before. The DIFF. claimed q
prescritive right for himself and cpsto.
iners to pass over part of the land oc.
cuPied by deft's barn, in going to and
coming from the mill, and introduced
evidence tending to show that customers
oil the mill had always had an unob-
structed passage across the corner of
deit lot now covered by the barn.
The deft. claimed that plff's use off
this way to the mill had been interrnnted
and that the deft. had during the last /
years used the space in front of his sbon
including the space occupied by the barn
Tor pillng wood and lumber, that he had
circular sawnear the corner of his sbon
next to the mill and "lazy saw near
the northwest corner, and drew wood
and logs in front of them to be sawed
and that the wood after it was sawed
was piled near the road, that he had fire.
quently, and especially in the winter sea.
son occupied the whole of this space in
this way.
The plf. claimed that the deft. never (
occupied the whole of this open space in
this manner, but always left passage $
way for teams across corner of the land q
occupied by the barn. The case has t
been tried once before in County Court S
md once in Supreme Court. t
Verdict for plff Damages $3.50 t
Waterman & Reed, Chas. N. Davenport t
or plf A. Stoddard, Field & TYLER for P
defendant. il
Austin c. Hildreth and wife Us. Pat. f
lex Lillis. Action on the case for stop fl
ing sewer to the plaintiffs cellar L
hereby causing damage. Verdict for
it,, s180.23. G. N. Davenport and S,
;. Davenport for plff., Kit. Has kins and P
!. Stoddard for def. a.
Charles d. Stevens u.s. Grand Trunk q
'aiiway Co. Action on the case against ~
le deft. as common carriers, for loss of a.
ousehold furniture shipped over defts y
'ad. The plfi's evidence showed that !"
September 1866, he shipped quaint W
OF housen stuff" from Detroit to I'd
orth Adams, Mass, over deft's road, W
hich was the last seen of it. The defts
1dence disclosed the following facts, at RI
.rnia, point on their road, the guage u;
anges from narrow to wide. Two lines ue
freight steamers connect with the road ON
the same point. When goods arrive Ia,
Sarnia by rail or steamer they are de- n
sIted in store-houses and transshipped vo
their order. That while plff's goods cd
re at Sarnia awaiting re-shipment, they or,
re burned by fire.
Detts also introduced evidence show. Ar
) that their road was worked to its D.
! capacity at the time, that they had We,
ling stock sufficient for their ordinary 40.
siness, that in September 1866, there h,,
an unusual amount of freight for f,;e
Importation, and in consequence the bar
rs goods remained at Sarnia 20 DAYS. nro
its also showed by the contract of
lsignment that they we're exempted ]
m all liability for loss by fire or dam. &c,
$ to household furniture by any cause VIII
collision. hea
The plff. claimed the delay at Sarnia icp'
be excessive and the jury took the Da
ne view of the subject. Verdict for foil
{ $3.50. Davenport forplf. Mr.. Ar e
d counsel for deft. being engaged with Geo
grand jury. the defense was conduct of t
by Messrs. Stoddard and Haskns. ness
Hartford Sorghum Machine Co. Us. feve
in Brush, Jr. Action of assumpsit. Thi
a, general issue. The plffs introduc- bers
evidence tending to show a sale and ness
very to deft. of Cory's 8 feet sugar Yves
porator, and claimed to recover the his
tract price which was $50. tive
left. claimed that by the terms of the of a
.iact he was to take the machine on com
and if he didn't like it he needn': larly
, it. That he came to the conclusion tial
r trial that he didn't like it and so ally
fed the plf's agent. he W
he plfs. claimed that the trial should who's
, been made accordino to tod III; cour.