Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-04-16

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Hon JONI PERroNr. Presiding judge.
Hon. Nathaniel Parker, Assistant
Hon. \. Il. llalbert, Judges.
FRIDAY, April 9, $50
| Inc case of Shaw, Adm r. V. Hallahan
| Ct IN. was given to the jury at eleven
| o'clock. yesterday morning. The jury be-
| fore noon brought IN q verdict for the
| plaintiff for S203 %.
The remainder OF the Gay was occupie
with the trial of Charles j. Alger vs. A. p.
Kennedy. 1t viii be concluded to-day.
This Is an action OF assumpsit for Sl7j.
| rent OF plaintiff premises on College street
between Centre and NinoOski avenue. The
defence Is that by reason of the foul condi-
ton OF the sub-cellar-the existence oil
which was unknown to defendant at the
time be leased the premses-the upper
portion of the building which was occup:e'.
by defendant, was rendered unfit for occu-
pancy except at the expense Of the health
Of the defendant family.
The case was partly tried at the last Sep
TENDER term, bat was continued before the
trial was concluded, for the reason that
where special matter in defence is relied on.
the court held that it should be first proper
ly set forth in the pleadings. Messrs. Ii. II.
Talcott and L. L. Lawrence for plaintiff: j.
W. Russell and Henry Ballard for defen
dant.
One-third of the jury calendar has now
been disposed Of
SATURDAY, April 10, 1873.
Nearly the entire day yesterday was
taken Up with the testimony and argu-
ments OF counsel in tue case OF Alger vs.
Kennedy. The jury retired at five clock
and an hour later they brought in YER
diet Tor the plaintiff for 5000. being the
amount OF rent due up t. the time defend
ant vacated the premises
Shortly after five o'clock the triaf OF
Francis Gonyeau v. The Town of Milton
was commenced. This Is an action on the
case brought by the plaintiff, a young man
residing at Colchester, to recover personal
damages resulting from an alleged defect in
the highway IN Milton, leading from Check
erberry village to Colchester. The facts in
the case As presented by plaintiffs counsel
are briefly these. On the 3l,tof Dec. 1873.
the plaintiff was driving in n sleigh towards
Colchester. and when about IA quarter oil a
mile south of Gale'- Hotel. hc me. a team
drawing a load of logs. While attempting
to pass his nigh sleigh runner suddenly
dropped into depression in the road about
sixteen inches lower than the track, by |
sleigh and in falling his head came in \
violent contact with the nose OF the nigh /
runner of the rear traverse of the loaded |
sleigh. The blow rendered him at once un- |
conscious and as Was subsequently ascer- |
tanned fractured his scull. Ills condition was !
considered SO critical as to necessitate the |
operation OF trePanning as the only means OF |
saving his life. This vas done by Dr. ). W |
Thayer. of this city, and the plaintiff event
ually recovered, although as is claimed bv
plaintiffs counsel, he is permanently and
seriously incapacitated from any mental or
physical labor. lie claims $50, 900 damages
for the injury. Plea general issue. The
trial will doubtless occupy several days 1t
is probable that the jury will be requested
to personally examine the road where the
accident occurred. Messrs. W. l.. Burnap,
&. W. Writers and L. K. Hard for the
plaintiff; j. L. Wheelock. III. b. Smith and
E. j. Phelps for the defendant
Previous to the beginning of tho trial
Mr.. Phelps called the attention to the face
that they considered that Mr.. Writers. one
of PLAINTIFF counsel was incapacitated from
appearing as such inaslnuch as at the time !
this suit was brought. he was holding the
official position of agent for the defendant
and as suchwas one Of defendants ATTORNEYS
and the defendant desired the court TO
rule upon the point. In reply Mr.. Hard
stated that while Mr.. Writers was defend
ants attorney nothing had been done to-
ward preparing the case for trial, and Mr..
Writer'S also said in addition that he was
lware that the suggestion OF defendants
counsel proceeded from certain personal
toward him arising out of some
recent town quarrels which had assumed a
7ery partisan character. That at the last
election of town officers another agent had
been appointed. That he had since rendered
lis services to the selectmen, which were
efused and he had been discharged, and
hat he knew of no reason why. under the
he should not be retained by
he defendant, as the case was not one
which contained secrets on either side.
lis Honor remarked that while he should
lot allow an attorney to appear as counsel
vhen he had intentionally abandoned the
ause Of his first client and optionally gone
yer to the enemy, at the same time. as
G the present instance, where nothing Of