Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1871-04-28

complete Inc JOB. Nerulet ior pin' VA"
age 1884. Waterman and Read and
G. N. Davenport for plf. j. q. Eddy
and A. Stoddard for def.
! Norman johnson Us. John Dunlap.
This was an action on the case brought
to recover damages for carelessly hitching
plA's horse so it fell upon an iron bar aud
was killed. Plea general issue andan ar
bitration award. The plf"s, evidence
tended to show that in July 1869 def.
used his horse without leave and after
wards htched it so negligently and care
| lessly to an iron bar that it became en-
tangled with the rope by which it was
hitched that it fell down upon and was
pierced by the iron bar and was killed.
Ded. claimed that the matter was sub
mitted 10 the arbitration of three OF
their neighbors who by their award de-
oided that he should pay plf $50, for
his horse. TIE nlff. on the other hand
claimed this evidence tended to prove
that the only matter submitted to the
arbitrators was the value of the horse,
and that for the purpose Of arriving NJ
some basis by which they could settle
Verdict for plR damage $3.50. Water
man and Read and C. B. Eddy for plf.
j. O. Eddy and c. n. Davenport for
def.
Henry Clisbee and Herbert Richmond
Us. Stephen Smith and Henry S Smith.
This was an action on thecase to recover
damages for au alleged wrongful inter
ference by the defendant with the plain
nf's water privilege situated in East
Guilford. The evidence of the plf' $
tended TO show that they were the own
ers and occupants of grist mill and
that defis were the owners and occupants
of building used for the manufacture
Of baby wagons, that there was dam
near these buildings across a stream
known as " Broad Brook" from which
both plhs and defts obtained water to run
tneir machinery, that the defts were only
entitled to the use of the first draw of
one-half of such an amount of water
with four feet head as would run through
spout thirteen and oue-half by fourteen
inches, that the remainder Of said water
privilege belonged solely.to the plffs and
that the defts had used for the last year
and half the main portion of the wa.
ter from said dam aud that the plfs had
thereby been prevented from the use of
their said grist mill a large portion Of
the time, and that the dens had drawn
considerable water from the plf's dam
more than what they used, for the sole
purpose of taking it from the plifs and
troubling them, and that the pitts claim
ed damages for such injuries as they had
suffered TO the amount of three hundred
and fifty dollars. The evidence of the
diets tended TO show that they had taken
no more water than they were legally en-
titled to, anc that they had acted in good
faith in what they had doEe aud in the
exercise Of their rights to said water
There was considerable evidence in the
case upon both sides. The trial lasted a
day and half. The jury returned YER
dict for the plfis to recover S2I3.75,
damages and their costs. Chas. n. Dav-
export, S. I. Davenport, for plaintiff.
A. Stoddard, X. HaskiDs for defendants.
Francis Seaver rs. Robert Collins.
Trespass for an assault and and battery.
Both parties reside in West Halifax.
One balmy evening in May 1870, the plff.
got outside of too much benzine and be-
came noisy and boisterous in the street
near deft's. house. He loudly announced
his ability and readiness to thrash any
native of the Emerald Isle or of sunny
Gaul and otherwise indicated that his
own spirits had arose in proportion as
tusel oil went down. A Mr.. Plumb be.
ng present politely expressed his disa,,.
probation of the know knothing senti
ment by telling the plf, "Stop your
damn noise" Plf. resented this remark
'y pitching Plumb into the gravel plff's.
friends then started him homeward. the
left. and his wife then appeared and
'awled out to plff' $50 home you drunk |
IN puppy" and Other like remarks there
~ gently insinuating that plfF's, com
1any wasn't just then particularly agree
ible, plf. told them to 60 into the house
wanting what little room there |
vas out doors, to himself, deft. couldn't
ZEE it and entrenched himself on his door.
tone armed with kerosene lamp; the
diff. staggered towards him, serimmage
nsued, the lamp coming in contact with
'lff's. head, broke, the oil became ignited
md the plff's head, face and neck were Sc
'erely burned. The def. claimed that
III be did was done in self defence but
he jury took a different view of the sit.