Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1873-09-26
vindham County Court.
SEPTEMBER TERM.

I aA-A @e-AAA
In the two cases following we copy the
report from the Brattleboro Phoenix:
David w. Ramsdell V. Charles h.
Nichols. This was an action brought to
set aside judgment obtained by Mich
OILS against Ramsdell, and to bring the
case forward for trial. The defendants
evidence tended to show that after the
suit was brought, upon which the said
Judgment was obtained, that Nichols
wrote to Ramsdell, then residing in Chi
cago, that he would withdraw his suit
and pay his costs, if he would send him
$1,000; that plaintiff acceeded to this
offer and sent defendant draft for that
amount, and had no knowledge that the
suit was not withdrawn according to
agreement; but that when Ramsdall re-
turned from the West he ascertained that
the suit had been entered in court and
a Judgment of about $1,000 rendered,
upon which an execution bad been taken.
The defendant claimed that the plaintiff
did have knowledge that the suit was not
withdrawn, and that his offer to withdraw
included other conditions than the pay
ment of the money. Verdict for plain
tiff Counsel for plaintiff, ID. c. DENIM
son, A. Stoddard, j. w. Croker; for
defendant, Martin. G. N. Davenport.
John L. Clark and wife Wilmington.
This was an action on the case for inju-
ries received by Mrs. Clark by an acct
dent in which she was thrown from a
wagon. The plaintiffs claimed that the
accident occurred by reason of the in
sufficiency of the highway, and while in
the exercise of ordinary care. The tes-
timony of the physicians tended to show
that Mrs. Clark received an injury to the
spine, at the time of the accident, from
which she probably would never fully
recover. The plaintiffs claimed damages
to the amount of 100000 The evidence
on the part of the town tended to show
that the road in question was insufficient
repair for the kind Of travel that was to
pass over it; that the night upon which
the accident occurred was very dark
that the plaintiffs wife, in company with
two other persons, was driving from the
village of Wilmington to the plaintiff s
home at rapid trot, during thunder
storm, and consequently was not in the
exercise of common prudence. Verdict
of 800 for plaintiff. S. T. Davenport
and @. B. Eddy for plaintiff; o. E
Butterfeld and G. N. Davenport for de.
PENDANT.
w. J. Babcock ard wife Guilford
We briefly mentioned this case last week
as an action brought to recover for inju
RES received by means of the INSULT
cheney of the highway. The evidence Of
plaintiff tended to show that, December
22d, 1871, Mrs. Babcock left home about
A o'clock in the afternoon TO 60 to Green
River with horse and sleigh. That il
passing over the Green River road, and
about two miles below the village, in
consequence of certain channels of water
running across the highway, her horse
suddenly sheered and throw her, with
horse and sleigh. on to the rock and ic'
some FIVE or six feet below. That sh,
was badly bruised about her limbs ant
body, which resulted in an injury to he
health from which she has not yet full,
recovered. The evidence on the part O
the town tended to show that the high
way was in good repair, and that Mr.:
Babcock was not injured as claimed
The jury failed to agree. Haskins an,
G. B. Eddy for plaintiff. G. N. and G
w. Davenport for defendants.