Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1873-09-15

the most beautiful pictures of the land
scape,-the autumn foliage.
IRASBURGH.
Orleans County Court.
FRIDAY, SEPT. 5.
The case S. S. Johnson as. IOsO7a Of
Irasburyh was tried to day. This was
an action ON the case for injuries occa-
stoned to the plff. by insufficiency of a
in Irasburgh. Plf. introduced
evidence tending to show that the road
in question was out Of repair, and by
reason thereof he was thrown from his
wagon as he was passing over the same
on Sunday June %, 1873, and that his
left ankle was dislocated and the bone
of the left leg broken just above the
ankle joint. Deft. claimed that plff.
was riding in an unsafe wagon, that his
horse took fright and started to run
away, when he jumped out Of the wag-
on instead of being thrown out; and
also made the usual claim of towns in
such cases, viz: that the road was in
good repair, proving by Its witnesses
that the road was passable. Deft. also
claimed that as plff. was travelling on
the Sabbath contrary to law, he could
not recover. Plff. claimed that he was
going to neighbours to notify him of
the arrival of some fish that had come to
plff. and neighbora day or two before;
that it was hot weather and fish needed
more salt; that he could not notify
neighbor the day before because he was
a seventh day man and was away to
meeting, and that it was not safe to let
fish remain until Monday following.
The jury found that it was not necessary
for the preservation of the fish that plff.
notify neighbor of their arrival, on Sun
day. Verdict for plf. to recover $4,000
and his costs. Allen, Edwards and
Dickerman for plff. /; Tyler and Circuit
for deft
SATURDAY, SEPT. 6.
Sumner Wdrner as American Hone
g. Boz Co., (apt.) Trial by jury. This
was an action of assumpsit to recover of
defts. for drawing stones from their
quarry in Browington to Wolcott and to
Barton Landing Defts. claimed that
part of the stones mentioned in plff's
specifications. were drawn for defts. I'M
der special contract of plff. to draw to
Barton Landing for defts. 800 tons of
stones that plff. had failed to perform
his contract, and that great damages had
/ thereby occurred to the defts. viz: some
over 500, which defts. offered to offset.
Plff. claimed that no such contract
had ever been made that he had offered
to draw all the stones quarried during
the year of 1872, from defts. ledge in
Bloomington to Barton Landing for
$l.75 per ton, if the defts. would pay
him what they we're then owing him.
This plff. claimed defts. had not done
according to their agreement, and con-
sequently he had refused to work for
them any longer. Verdict for plff. to
recover $72.O9 and his costs. W. W.
circuit and l.. H. Thompson for plff.
R. T. Parker, J. B. Robinson and Geo.
Waterman for deft.
MONDAY, SEPT. s.
Horace Laurence as j. NJ. Babcock
Trial by jury. Action, assumpsit. Plea
general issue. This was an action t.
recover for 395 bushels of potatoes
which plff. claimed he sold at 60 cents
per bushel to deft., and which by deft' S
direction he sent to one z. Loveioy O
Lowell Mass, who was then in bust
ness and has since failed. Deft claim
ed that he never bought said potatoes o
plff., but that plf sold them directly t.
Loyejoy, billing them to him, and tina
the claim that deft. was the purchase
is all an after-thought suggested by tn
failure of said Lovejoy. The testimony
was quite conflicting. there being man
circumstances that gave an air Of proba
bility to the claims of both plff an
def. Verdict for deft. to recover hi
costs. Edwards, Dickerman and Gran
for plff. Circuit, Circuit and w. W
Grout for def.
Louise MdSon as Noses Mason. Pc
tition for divorce. Temporary alimon
at rate of $40 per month granted libe
liant. Powers and Gleed for libellant
Brigham and Waterman for libeller.
Martha GroUes as Robert Craze.
Petition for divorce Marriage and re,
idence proved. Bill granted for desel
ton. Custody of child Cora Graves d,
creed to petitioner, and petitioner ma
resume maiden name
BetSey Uttin as Ihos. Uhin. Pet
tion for divorce. Marriage and res
dence proved. Bill granted for desc
ton and refusal to support. Care an
custody of child Luther R. Uttin, d
creed petitioner, and petitioner may r
sumo maiden name.
John Hitso's rs Emily Wilson. P
t tition for divorce. Marriage and res
/ dence proved. Bill granted for intole
able severity.
State rs II G Broacn, (apt) I.iqu
e prosecution. Respondent plead gull
q