Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1872-10-04
gelluws falls Timrs,
BELLOWS FALLS OCT. A, 1872.
Windham County Court.
sErTEMRER TERM.

SEPTEMBER TERM.
Il. p. Wheeler Us. Abram T. Chase
was an action brought to recover the
balance due the plaintiff on certain
promissory note. Defendants plead pay
ment and offset. Verdict for plaintiff
for $50 S. 7. Davenport and o. E. But
terfeld, attorneys for plaintiff. Hicks and
Davenport attorneys for defendant
The grand Jury was discharged Fri
day, 18th, having returned as the result
of their investigations twelve bills Of
indictment.
VIM. G. Prouty vs. Marlboro, was an
action brought to recover damages to the
plaintiffs horses and stage coach, alleged
to have been caused by the insufficiency
of defendants highway. Plaintiff claim
ed and his evidence tended to show that
while his driver was passing over the
highway in question on his way with his
stage from Wilmington to Brattleboro
his horses became frightened at q pile of
lumber lying close beside the road, cover
ed with canvss covering, and turning
around with the coach, ran awav, injur-
ing the horses and coach to considera-
Bile amount. That at that place the road
was narrow and on the opposite side
from the pile of lumber was declivity
down which the coach ran while turning
around, and that there was no railing
between the road and declivity. Defend
ants evidence tended to show that the
boards were placed there the afternoon
previous TO the happening of the acci-
dent bv a teamster whose wagon broke
down in that place; that none of the
town authorities knew of its being there,
before the happening of the accident
that the town was not in fault by reason
of its being there that the road was
in good repair at that place, that the
want of railing between the road and
declivity did not contribute to the hap
pening of the accident, and that the
driver was not in condition to suitably
manage the coach horses at that time
being afflicted with some kind Of ner'
vous disease. Verdict for defendant
K. Haskins and G. B. Eddy, attorneys
for plaintiff. Davenport and o. E. But
terfeld, attorneys for defendant.
| Obadiah Howard Us. Frank Hescock,
was suit brought to recover the value
of dog of the plaintiffs which defend
ant shot ana killed. The jury thought
the dog was worth s1.50, and awarded q
verdict accordingly. Stoddard and Ed
dy, attorneys for plaintiff. Davenport
and Walker, attorneys for defendant.
| Thomas B. Whitney as. Jack Grover
was an action of trover for the conver
sion of pair of oxen. Deiendan
claimed and his evidence tended to shoy
that sometime previous to the conversion
he sold the oxen in question to the plain
tiff by conditional sale, the condition
of which was broken, SO that he had I
right to take the oxen. Plaintiffs eyi
dence tended to show that the price o
the oxen which he was to pay was no
due at the time of the conversion, ant
that the condition of the sale was no
broken by him. Verdict for plaintiff
damages 1854. G. w. Davenport am
Davenport, attorneys for plaintiff. s
I. Davenport, attorney for defendant.
Seth Oaks Us. Joseph P. Weston, wa
an action in the case brought to recove
the value of certain horse. Plaintiff
, evidence tended to show that he loane
J the defendant horse to work beside
horseof defendants in drawing some ashe
. from Duttonsville to Rockingham, dis
of about sixteen miles, and that defend
ant overloaded the team, and so negl
= gently and carelessly used plaintiff
horse that be was injured and afterward
I died by reason of such injur es, but th
Jury thought otherwise, and awarded
. verdict for the defendant. Walker an
9 Eddy, attorneys for plaintiff. Daver
!, port and Geo. w. Davenport, attorney
! for defendant.