St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1873-07-18

with Sanborn & Brooks at Sherbrooke;
practiced law some five years at Derby
Line; was appointed to the Bench of
the Supreme Court by Gov. Dillingham;
in 1868. to fill the vacancy caused by
the appointment of Judge Poland to
the L. :. Senate: resigning his Judge
ship in 1870, he has since devoted his
time almost wholly to his private bust
ness and the settling of the estate of
his father-in-law, Mr.. Sumner. AS a
man and neighbor, Judge Steele was
pleasant, gentlemanly and urbane; as
professional man, of keen perception,
brilliant and popular. In his death the
state has met Il loss, and large circle
of friends are bercaved.
The Court.--Batchelder VS.. Hardwick.
The last jury trial this term was the
case of Timothy G. Batcheder of Stan
nard against the town of Hardwick
and the case seems to deserve more
than n passing notice, not only from the
peculiar nature of the injury alleged,
but from the amount of medical and
other testimony brought forward on
each side. and the conflicting character
of the same. Our court reporter has
stated the case briefly: Batchelder
claims to have been thrown out of his
sleigh i'll passing through cradle-hole
in Hardwick. Jan. -, by which he
sustained an injury called by his ply
Sicians conclusion of the spine. Not
less than twelve surgeons and medical
men were summoned here. all but three
or four being from a distance. DIR. AL
pheus b. Crosby, professor i'll Bellevue
Hospital, New York DIR. Phelps of
Windsor, Wiswcll of Cabot. Rutherford
of Newport, Brooks and Browne of st.
Johnsbury, were brought here by Hard
wick. DR.. Putnum of Montpelier, Cal
dcrwood of Greensboro. Bullard of st.
Johnshury. and others. testified for
Batcheldcr. The latter surgeons dis
covered i'll every symptom of Batchel-
der sure Indications of conclusion, while
most if not all of the medical men on
the other side could not find evidence
of any disease whatever. outside of
iSatchclders statement. 1t WIS asserted
by most of the eminent men. that if
Batchelder had been lahoring under this
disability for Il year and Il half, with
partial paraly of one arm and one
leg, they should expect to find physical
evidence of the same in shrinking of
the affected limbs. state of the skin,
etc. signs which none were able to
find in his ease. 1t was pretty thor
oughly established. however. that the
lame leg had a lower temperature. and
that the plaintiffs pulse averaged about
| 100 ut nearly every test.
As there was a direct contradiction
in this case so tar as the medical testi-
mnny was concerned. it would not have
been strange if the jury had been some
what puzzled but they were not long
|
plaintiff heavy if he was not injured,
and this was put-up job. as many be
| licve: Int none too large if he Is in
iurcd half as badly as he prctcnds to
he, when the amount of the verdict
| that his four lawyers will absorb is
considered.
] / t.lll .
in several ways: In view of the way
that town has been mulcted in the past =.
| Ilardwick wants to know if she has got
10 suffer lawsuits and heavy damages,
according to the caprice OF malice of
every one who. whether drunk or sober.
honest man or knHvc, can get Il lawyer
to bring suit against it. The railroad
company is also interested. as it is un-
dcrstood we don't know by what au-
thority that the town will hold that
corporation responsible for this case, as
the place where the injury is said tn
have occurred was new piece of road.
built by said company to take the place
of the old highway which they occupied
with their railroad track. And again,
it is understood that there are several
other cases of conclusion of the spine
which have been aSsiduously ''nurscd
along to the present time, and the vie
Tins of this now prevalent disease. a>
well as the nurses. took il deep interest
in this case. SO on the whole. this last
ease of court may prove as important
as it WIS interesting.