Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-09-27

quilted II ont badly. Between Mr. Crecs
house and barn (which were on opposite sides Of
the highway the road was di-hing and 1t was
at this point, while trying, as plaintiff claimed,
to avoid the gully by turning ont Of tho road
towards the barn, that the sled was tipped over.
Wilkinson testified that he paused before making
the attempt to pass the bad place, and asked lane
to drive as he didn't want to take the rcsponsi-
bility himself and It appeared from Lanes tcsti-
mony that he told Wilkinson TO go through, and
the manner in which he should do IT, Wilkinson
followed his advice substantially, and when the
load began to tip, stayed on a. long as he dared,
and then jumped of in order to avoid being struck
by the falling lumber lie alighicd on q pile Of
cobblestones by the side Of the road, and his LEFT
foot was injured The town made the fight princi-
pally on the extent Of wnkinson's injury the fact
thatthe highway was out of repair being too patent
decentralization, though somcatiompt was made to
show that Wilkinson had not shown due prudence
In driving over it In the manner he did Il was
conceded that Wilkinson was well acquainted
with the condition Of the road, having Travelled
over 1t four times almost every day forsix months
previous 10 the accident, and that the road had
been in somewhat the same condition, only not
quite so bad, since the fret Of August The town
claimed upon these facts that he was rash IN ven.
turing over this spot, sitting on his load ~ he did
and that he ought at least to have got of and
led it over The plaintiff oontendcd on the other
hand that such a course WAS hnpmcicahle. and
that a town could not lay an embargo iutmvol by
neglecting is duty and permitting It's highways
to become so unsafe as TO prevent the public pass
ing over them. that Wilkinson did al man could
reasonably he asked to, aud that the town should
pay for the results Of the accident. In regard TO
Wiknson's injury the defendant claimed that,
first, It was mainly feigned second that il there
was anything TO it, IL was not because Of thc.ac-
cideut on the highway, hut because Of kick or
push from a horse received since There were
no bones broken in his foot and there was CON
siderable differing medical testimony as to what
did all him some Of the doctors saying that at
the most his injury was simple sprnin. which
should have got well in a short time, and others
saying that some Of the tendons Of the foot we're
severed and that the injury was quite severe
The plaintiff still walks lame, and claims that he
cannot walk ON the ball Of his foot at AL Tie
case was finished on Monday forenoon, and the
jury returned verdict In favor Of the plaintiff
for fifty dollars aud costs Messrs Heath and
Carleton and J. o. Livingston forplaInufl Messrs.
S. G. shurieh and ]. T. lamson for defendant
THE LAST CIVIL JURY TRIAL
Of the term was entitled James Mckellop u.s. A.
NJ. JaclSmau and \. / Ayerill all Of Barre It
was an action Of trespass and trover joined to re-
cover the value Of one hundred and forty cords Of
wood running measure which it was claimed the
defendant JaclSman had unlawfuly attached and
sold on execution in Februry, 1874 Tie amount
in issue is not more than two hundred aud fifty
dollars; but both sides have made some interest
ing and knotty law points Judge Redfeld seemed
to think that there was good deal more for tn,
Supreme Court in the case than for the petit jury
and therefore rendered a yordit for the defendant
Messrs. W \. and o. b. Boyce, and Joseph A
Wing for the plaintiff; Mr., Homer W. lIeator
for defendants.