The Republican journal., 1873-01-16
Supreme Judicial Court.
CHIEF JUSTICE, PRESIDING.

Joshua Trask VS.. Inhabitants of Unity. An
action to recover damages claimed by plaintiff
to have been sustained by himself and team, in
the winter of 1870, by reason of the road being
overlooked between Unity Village and Burn
ham, near the foot Of % mile pond. Plaintiff
while going from MontvilIe via. Unity Village,
to his home in Burnham, with his two horses
and wagon, that after passing over the outlet
bridge his horses began to break through the
ice; that they continued to advance breaking
the ice before them until they arrived at point
where the water and ice were from two to two
and a half feet deep. and could 60 no further;
that he was obliged to leave his horses and 60 a
mile Tor assistance; that where the current was
over the road it was not frozen over, and he
was obliged to go through the water to the
depth of three feet; that he got four men to as
sist him in getting his team OUT that in conse-
quence of his horses breaking and plungine
through the ice one of them was strained and
damaged so that it died in November following
that for years before he had been suffering with
varicose veins on one of his legs that in con-
sequence of his exposure the disease was very
much aggravated, and liberation followed; that
he received violent cold which caused per-
manent deafness, catarrah, rhuematism and
violent pains in his chest. For which he claim
ed damages to the amount of $4,000.
Defendants claimed-First. that the horse
was unSound and nearly worthless, and died In
consequence Of getting into mud hole; that
plaintiff did not claim personal damages until
long after he claimed damage for his horse and
trouble; that his leg had long been ncurable;
that the nature of the disease was such that it
was liable TO become nfiamed and ulcerate at
any time; that his deafness, catarrh 81, were
permanently seated upon him long before.
Second, that plaintiff was seasonably notified of
the impossible condition of the road ami there
fore proceeded Al his own risk. Verdict for
DEPENDENTS
Jewet for plf BOYLE for (efts,
Benson Barlow, appellant from decree of
Judge Of Probate vs. James Fish An action
brought to reverse the decree of the Judge Of
Probate for removing plaintiff from the guar
danship of Flora ]. kaler, upon the charges
that he was a common drunkarG Parties are
from Liberty. Verdict for plaintiff.
Knowton for plf Staples for deftS
Jason Hill vs.. Philander Richards. An ac-
ton of repleVin. The testimony went to show
that letendent held mortgage bill of sale of
pair of oxen from his brother; that he author
lied his brother to exchange them with plaintiff
and received the difference, amounting to about
S26, ndorsed it on his note, and afterwards
took the oxen on his mortgage. Plaintiff re-
peyined the oxen, and claimed that defendent
waived his rights under his mortgage by giving
his brother authority to trade them. Verdict
for plaintiff, that property was in plaintiff,
damages assessed at s..
Mcclellan for pltf. Abbot for def.
The following divorces haYe been decreed
this term
Caroline H, Hunt from John W Hunt.
Custody Of children to mot Their with 81 $50 in
lieu Of alimony.
John Stewart from RozIa Stewart
Anna Bradstreet, appellant, vs.. Edward l..
Brad.treet. An action to reverse decree of
the Judge OF Probate, allowing defendent GER
tain items in his account, while guardian of
plaintiff. jury disagreed.
Jewett, knowlton and Turner for plaintiff.
Boyle and Greeley for def.
Inhabitants Of Montville vs. Inhabitants of
Etna. pauper case, now on trial
Mcclellan for plff's. Vose and Hubbard for
deft