Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-03-22

lar cases. 1t was claimed by the defens
that the plaintiff was in i'll health at tn
time the arm was broken, that he had tn
scurvy, that he was subject to fits, that he ha
a cold and bad cough, and these causes tende
to prevent a union altogether or to break on
up if formed.
! In the course of the charge, the cotir
told the jury that there was an implied obi
CATION on man who holds himself out to ,
community as a surgeon, and practising tina
profession, that he should possess the proper
skill in surgery that is, not the high
est degree of skill that may be acquired By
study and experience, or that is possessed by
the most eminent surgeons, but the ord.
nary skill of the profession generally,- such
degree of knowledge and skill as surgeons
commonly possess, such as is common among
surgeons who practice that profession but
that the want of such skill would not make
the surgeon liable, unless it was shown that
the injury complained of resulted from and
was caused by the want of such skill as a
surgeon is supposed to possess, (and 1t IS his
duty lchen cmptOyed and he treats a patient, 10
apply such sk1U 1cith proper care and attention. J
1t surgeon possess the common and ordi-
nary skill that surgeons usually possess, and
properly apply it with due care and atten-
ton, he is not responsible for the result. A
surgeon is not a l0arranter-he is not held to
warrant a cure. If he possess the degree Of
skill above stated, and perform his duty in
the treatment of his patient, if a cure is not
effected, 1t Is the misfortune of the patient
for which the surgeon is not responsible, and
every one must bear his own misfortunes
unless ne can prove they were produced by
the wrongful act or neglect of another.
The court further told the jury that to en-
able the plaintiff to recover ne must prove
by fair balance of testimony that the de-
iendant did not possess the ordinary skill of
a surgeon, and that this want of skill caused
the injury complained of by the plaintiff, or
that the injury complained of was caused by
the neglect OF the defendant to apply his
skill with due care and attention.
This the jury say the plaintiff failed to do,
and they accordingly found a verdict for
the delandant 10 recover his costs.
Randall d Durant for plaintiff Carpen-
ter and Fisk and Dillingham; for defendant
This case was tried at the September term
of THE court. and the jury disagreed
No. 81. Hiram Atkins E. A. Plimpton.
Case against the defendant as executor Of
Erasmus PlimptOn's estate of Wardsboro.
1t appeared that Erasmus Plimpton in his
life time was indebted to the plaintiff in the
sum OF thIrtyeight dollars and sixty-three
cents, and 1t was defendants duty as said
executor to pay the claims against said es-
tate that were allowed by the Commissioners.
The plaintiff claimed that the defendant was
well aware Of his, plaintiff :, claim against
the estate, and that they had conversation
and correspondence in regard to settling the
same that the llth Of December, 1866, the
addressed letter to the plaintiff
and informed the plaintiff he need not be to
the trouble or expense to 90 before the com
mlssloners TO present his account, and asked
the plaintiff to send him new bill Of his
account against the estate, and he would
have the same allowed by the commissioners
when they met i'll February, 1867, and the
plaintiff claimed that the defendant misrep-
resented the plaintiffs account before said
commissioners, and that the defendant stated
to the commissioners that plaintiffs account
was wrong and incorrect, and induced the
by his statements not TO allow
the full account but instead only the sum of
S2l.l3, deducting 81 80. The plaintiff
claimad that defendant caused this dlsallow-
ance contrary to his said agreement to have
plaintiffs account allowed. Just what the
defendants claim in this case was we cannot
say, but the jury found a verdict for plain
ages and his costs Gleason for plaintiff.
Flield and Heath for defendant
No. &C. Levi Duke Robert \ Spencer
Irespass on the freehold against the defend
ant for breaking into plaintiff : house in the
Jay time. Judgment was rendered for plain
tiff at the September term Of this court, 1870,
and case was continued for assessment Of
damages. The jury found for plaintiff to
recover of the defendant the sum of $56.S3
damages and his costs. Shurtlef for plaintiff.
Wing and Heath for defendant.
No. 20. Mortified Bank c. W. and j
W. Bailey. Action Of Trover against the
defendants to recover the value of a certain
pair of oxen which defendants bought of one
John Gregory in November, 1868, and as this
suit was not brought until 1869, the jury
thought the bank folks were a little too late
with their request Of the g Bailey boys to
pay for oxen they bought of another man
'Ome five years before, and supposed al the
lime they brought the oxen that they be-
onged to Gregory, as they were in his pos
session. Verdict for defendants to recover
heir costs. Fisk for plaintiff. Fifeld and
Carpenter for defendant.
No. 81. Town Of Plainfeld Chas. L.
Action of replevn for two
,arrels of liquor taken by the defendant as
leputy sheriff, and taken by the town on
writ Of replevin and claimed by the town
n this case the court directed a verdict for
he defendant, and jury found for defendant
o recover one cent damages and his costs,
md that the town return to defendant the
iduOr replevied. This case was virtually
disposed Of last March term in case State V
has T. BatcheIder and town Of Plainfeld, .
Claimant. Randall & Durant and Shurtlef
or plaintiff Heath and Ferrin for defend .
mt.
No 90 B. F. Scott, Admir-, Town Of .
1abot Assumpsit to recover a soldiers .
county. Lamson and Randall IL Durant for .
,iaintiff Heatun Il Reed and Fifield and B.
\. Davis for defendant. On trial.
On Saturday morning the grand jury, after .
session Of five days, reported eighteen true .
ills, and were discharged. A capias was .
ssued against William Davis, one of the .
Waterbury Bank burglars, who was cut on .
IS, 900 bail He was Immediately arrested, 4
brought into court, and his bail was fixed at .
S. 600, and as he preferred returning to his .
I'D quarters at . Camps to procuring that
all, he was committed the 18th of March. .
On Monday Aware St. John, against whom
bill was found by the grand jury for the
rhine of burglary, was arraigned, plead /
guilty and sentenced to the State Prison |
or five years.
On thes anne day Edward Ii. A. Cook, who /.
vas indicted for the crime of larceny of three /.
,oats and one pair of gloves, the property of
Alonzo Roadway, was arraigned, plead guilty, |
md was sentenced to State Prison for two |
years.
:. Also at same time and place y Timothy
Iandlin, foT burglary, (brcaking into Free
mans STOREY was asked to 90 to Windsor for