The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-04-27
TRIAL UNDER THE vILLAGsoR-
DIDANCE.
village of Rutland vs.. Miner Hh-
lizard.
BEFORE HENRY HALL, JUSTICE

BEFORE HENRY HALL, JUSTICE
This was an action brought by the village
to recover for fifty days, from Jan. 81 to
March II, obstruction of the sidewalk on
the north side of Terrill street, adjacent to
Mr.. billiards residence, under the village
ordinance entitled
can ordinance relative TO the removal OF
snow. etc., from the sidewalks and gut
ters," adopted October 5, 1869.
1t is hereby ordained by the village of
Rutland, as follows:
Sec. 1. Every person owning or occupy
ing premises in the village, adjacent to
sidewalks and cutters, in such streets or
parts of streets us the trustees shall from
time to time designate by notices publish
ed in the public papers printed in said viii
lage, shall be, and is hereby required to re-
move from such side walks and cutters adj
jacent to his or her said premises. respec'
lively, all snow, aud to keep the said walks
and cutters clean.
Sec. 2. Every such owner or occupant
mentioned in the foregoing section, who
shall neglect TO comply with the provisions
thereof shall forfeit and pay to said village
fine of two dollars Tor each and every
period of twenty-four hours he or she shall
at any time or times be guilty of such ne
glect."
Edgerton & Nicholson appeared for the
village, and w. II. Smith, ESQ.,, for Mr..
billiard. There were fifty counts in the
declaration, one general for the entire
time, and forty-nine special counts, one
for each day of that time. On the 9th
and 2Sth of January, 1876, the above ordi-
nance, with the following notice appended
thereto, was published in the village
papers:
In accordance with the above ordinance
the board of trustees for the village OF
Rutland hereby designate every street
within the limits of the corporation, which
must be cleaned the full width OF the
sidewalk. Per order of the board. VIM
b. rHRALL, Clerk.
The first witness examined was Edward
S. Southwick, who testified that he lived
on Terrill street and passed over that walk
every day during the time mentioned.
There was no day but what you could get
through the walk, but it was not cleared
off during that time. There was path
tramped through it from ten to twelve
inches wide, and each side of the path the
snow was more than half way up TO ones
knees most OF the time There was none
of the time that the walk was reasonably
passable from the 21th of January to the
18th of March. There was thaw some
time in February that made the walk dam
gerous, because the light snow each side
melted off, and the hard snow where the
path had been remained frozen, making Il
ridge of ice in the middle of the walk.
When two persons met on the walk, one
must step out and wait for the other to
pass
Horace Bateman testified that he
passed over the walk four times day, and
il had not been cleared all winter, except
once by Mr.. Southwick, early in the season.
There were drifts two-thrds of the way
past Mr.. billiards premises. from two to
three feet deep; can't remember day
last winter when it was good walking ;
Center street was good walking.
John Gleason testified that he lived on
TerIill street, and corroborated other wit
nesses as to the condition of the walk. His
business through the winter had been at
the corner of Merchants Row and Ccuter
street, "where the town loaf is When
Mr.. Smith asked him if he had any trouble
with the walk. He replied ''No it didn't
trouble me. I'm an old bushwhacker I've
been in the woods" He said also that he
came out one morning and tramped down a
path so that his wife could get out.
Daniel A. billiard, L. L. Pierson, Miss
Nolina Terrill and Miss Anna Southwick
all testified that the walk was obstructed.
The defense put in no evidence, and the
court decided that the plaintiff was entitled
to recover two dollars day for forty nine
days with costs. The defendant appealed
Warren II. Smith becoming bail. The
costs were $44 IS $3.50 being sheriff's
| fees for service of the writ.