Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1871-04-28
Windham County Court.
APRIL TERM.

/
1869. Tried April 18th. Trover for
pair of oxen. Simon Wilkinson VS..
Barnet S. Waite. The plaintiffs evil
dence tended to show that in April 1871
he was the owner of pair of oxen val
ued at from $3.50 to 1865, and that said
oxen were taken by the defendant, and
converted to his own use. The deft's.
evidence tended to show that at the time
said oxen were taken the plF had been
gone from home about ten days, and has
never since been heard from, that his
creditors, among whom was Barnet
Waite, father of deit., becoming alarm
ed at his absence, sued our several writs
of attachment against plf. and put Them
in the hands of def. who was consta-
BILE, to be served, that he went to the resi-
dence of deft. and with consent of plff's.
wife took said oxen as security for said
Barnet Waite's debt, and drove them
home and on the same day attached them
on several writs. and that plf. had an
other pair of oxen at that time, that
afterwards proceedings in bankruptcy
were instituted against plff and George
Slate appointed assignee of his estate
who demanded the oxen of de:t. who de-
livered them to him and they were sold
for 1926 which was the full value of the
oxen. Plf. claimed that they we're his
only pair of oxen and exempt from at
tachment. Verdict for plff for 1892.
Waterman and Read and A. Stoddard
tor plff A. NJ. Albee and c. N. Daven-
port. for deft
John Kelsey Us. Seymour Weatherhead,
apt. This was an action of assumpsit to
recover the value of certain stag
The evidence for the plf. tended to show
in the year 1864 the plf. contracted to
build him cider mill, was to pay him
500, for the jo6 and deft. took # the
plf. stag in part payment, the stag
to be called $40, that the mill was to be
built in the month of April, the def.
came on in the month of March previous
and offered to build the mill then. DIFF.
was not ready and def. now offered to
build the mill in April. The ground of
defense was that the contract was now
broken on part of deft., that he has al
ways been ready to build the mill, and
that the stag was of no value at the
time he was delivered to deft. was very
poor and hardly able to stand alone.
Verdict for plff. s4,19. John w. Gro
ker and A. Stoddard for plH. Kit
Haskins and c. N. Davenport for deft.
Frances E. Dickinson as. The Town
of Rockingham. This was an action on
the case to recover damages of deft.,
town, for an injury claimed to have been
suffered by the plff. owing to the insult
hcieney OF a certain highway in said
town, while passing over the same with a
team on the ) h day of November, 1869.
The evidence of plff. tended to show that
while so travelling, she with the team
and driver were precipitated down an
and severely injured, that
the road was in an unsafe condition, and
that the plff. has never recovered from
the injuries there sustained. The evil
dence of the def. tended to show that
The place where the plff. claimed to have
been injured was not public highway,
and that the town were under no obliga-
lions to maintain or keep the same in re-
pair, that the accident occurred in a
lark night, and that the plff. was not
n the exercise of proper care and that
The injury proceeded from the want of
such care in the plff The jury returned
| verdict for plff. S1634,34. c. N. Da-
venport ard S. T. Davenport for plf.
B. Eddy and A. Stoddard for deft.
Celinda B. Emmons Us. Charles Will
ard. This is an action on the case for
SANDER of plff At The September Term
1910 OF this court the def. demurred to
he plfi's. declaration, which was over
uled and judgment on the demurrer for
he plf. and the case continued to the
present term of court for assessment of
damages. Damages assessed at s15,77.
J. W. Davenport and c. N. Davenport
or plf. A. Stoddard and Waterman
md Read for def.
Moses c. Skinner ys. Lucius Smith.
This was an action of general assump-
1T brought to recover pay for work done
" the plff. on a house and barn of the
left. IN Stratton. The plf's evidence
ended to show that in the summer of
S69, def. contracted with him to build
house and barn near his saw mill in
'tratton for the sum $3.50, the deft. agree.
ng to furnish him all the materials nee.
ssary for the job on the spot and ready
or use when wanted, and that materials
we're ready for him to commence work
hat on the 18th day of July he went
o Smith for the purpose of commencing