Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1871-11-03
An INTERESTING AND INSTRUCTIVE

AN INTERESTING AND Instructive
Lesson OF EXPENSIVE LITIGATION. In
August, 1867, Mercy II. Dyer, mother
Of j. Il. Dyer, an apotheeary OF this city,
aud his vie, Lucy A. Dyer, we're riding
with about dozen others in four horse
coach, Oh picnic excursion IN Ashtield,
when defective bridge gave way and
precipitated the team, with the passen-
gers, some twelve feet INTO the stream be-
low. One Of the arms OF Mercy II. Dy-
or was broken, and her head bruised
some. Lucy a. Dyer was not supposed
at the time to be much injured, but prov
ed eventually to have received spinal
injury. The defect in the bridge and the
liability of the town seem undoubted.
rhe town settled with most of the other
parties injured as best they could. One
F. Howes sued and recovered in the
court at Greenfield, $4,000 and costs,
Mercy I'll. Dyer claimed damages, but
the town offered her only 5000. She de-
elined it, and sued the town. About two
years afterward, while the suit was pend
ing, she died from other diseases and not
from canses originating in the accident,
Her administrator prosecuted the suit
aud recovered $1,000, damages and costs
taxed at SlO72,94
Lucy A. Dyer offered to settle for
$1,000, on the expressed desire of the
town to adjust it, The selectmen of the
town, Henry Paine, Almon Howes and
A. G. Hall, wrote, under date of October
%, 1867, in reply to the offer as follows,
VIZ: in answer to your note of the LIST
inst. we would say, that we.cousider your
claim of $500 against the town uarea-
soaable." Thereupon she begun suit in
the superior court in Boston, laying the
al damHam at about $4,000. The town
appeared, denied liability, and she after
ward raised the dd damHum to $4,000 by
leave of the court, in amendments, and
the defendants then removed the action
to the supreme court, where the claim
was again raised by another amendment.
After remaining N court several terms it
was finally tried, aud verdict rendered
in plaintiffs favor for S13, 000-defend.
ants admitting liability and coDtesting
only the question of damages. A mo-
ton for new trial was made, on the
ground OF excessive damages, but was
overruled by the court, and on September
10, 1871, judgment was entered on the
verdict for Sl3,322,90 damages, and for
costs, taxed at sl680,47 aud execution
issued for S15003,36, all Of which the
town must pay. So that, instead of pay
ing $1,000, which would have settled one
claim, and $500 to adjust the other ia
the oulset-s2500 in all-the town is
mulcted in the sum Of S10I34,8l and
must besides pay large bill Of costs for
their own witnesses, and the bills of their
able counsel, amounting to-we don't
know how much.
Instead Of meeting the claims fairly
and adjusting them, as might have been
doae, the seieetmen were disposed to
treat them with an untavoraable spirit
and went 50 far as 10 post up a notice to
the effect that the town "acanted to Dor
ro'o 5000 70 pay expenses Of litigation and
broken spjnes." The result is rather an
expensive lesson, aud may serve to rem
der towns more careful of their highways,
and not litigate such claims when dam
ages occur through their neglect-Bos-
ton Journal