Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-09-19

COLLAR hone. and two or three broken lids ,
oDd that the injuries brought on a severe q
" 'ttao I,'' of nIenro. pneumonia and two aO-
scesses of the liver, and IN oU mSo tnwn
she is broken down for life ino o romr
eoptended that the road was IN goou ,H HauT
for that time of the year, 1t oelng nav" wy
and the winter Just breaking up anu ,I Puo
, 'nc, tbe stand number Of witnesses WIZ
testified that they passed over the place Su u
. oo";dont about the time of the accident
md had no trouble. The town also as
serted that the plaintiffs wagon was u tn
gerous, nasmuch as the seat was un,"S ,.hn
ed to the body, and put on witnesses SaS wi" via
testified that Willie Donovan nau wy ~
Them that the wagon did not up over ~
tI,e fine of the accident, but that the seal
FIJI ont The town also put in evidence
tending to show that the seat was III II0
habit Of tipping out at the least shock'
The plaintiffs alleged, on the other mana :
that the seat was bolted on TO the Dody ~
the lime of the accident. Each side mao
doctors, who utterly disagreed as usual 9"I
Horace FaIes of Waterbury VINO aIIenue1
her. testified in effect, as has been related
above, about the plaintiffs injuries, ana
sufferinps. and Drs. Putnam and Woou-
ward of this place, corroberated MN "s "
there being at che present time eV,oen civ
of a fracture of the collar bone anu rlos'
Drs. Chandler and Macomber, on the oth-
er hand. secuted the idea of fractured rios
or assesses of the liver, but admiIIeu t i'
there had been IL fracture OF the c0.l"r
bone. The townput in testimony tendlns
TO show that Mrs. Donovan had zone
considerable work since the alleged acci-
dent. and claimed in short, that she was
shamming more or less. The testimony
was contradictory on either SIDE us IS Gus
tomarv in town eases. The case occupied
three days and was terminated Moeuay
morning by verdict in favor OF the
plaintiff for 5000. Dillingham; and Car
ppnter, for plaintiff; Heath q Carleton anu
Fisk, for defendant.
John w. Clark vs.. Burnham and Hey
ward, This was dispute in regard to the
ownership of certain colt and was the
third Jury trial The parties were John
w. Clark of this village, plaintiff; and ID.
X. Burnham and G. L. Hayward Of Chel-
sea, defendants. In November, 1873, Capt
Clark bought certain note of William A.
Boutelle, running against John NJ. Elkins
and secured by lien on mare named
Jenny. This mare became the mother OF
II colt. A payment of Il hundred dollars or
so had been made upon the note at the
time Capt. Clark bought it and there was
still $l63.50, principal and interest due
upon it. Capt. Clark subsequently sued
Elkins upon another debt and attached the
mare and colt. Soon after the service of
the writ, Charles f. Burnham, the nephew
of the defendant, Burnham, and at that
time printer in the Argus office, exhibit
a bill of sale of the colt from Elkins, and
the sheriff thereupon released it from at
tachment. The colt continued from that
time to stay at Chelsea, where it had al
ways been till August, 1875, when Charles
Burnham caused the defendent to take the
colt and ship it to North Chelmsford Mass.
Capt Clark then brought the present suit
to recover for the value of the colt. The
defence claimed that although the plaintiff
might originally have had lien upon the
colt, under the principle the offspring fol-
lowed the ownership of the dam, still he
had released his lien by releasing the at
tachment in the Elkins suit when the bill
Of sale was exhibited by Charles +. Burn
ham; that the colt after that was kept by
Burnham and treated by him and others as
his. The plaintiff claimed that no release
was ever made; but that the colt
was kept in Chelsea for him by Elkins in
whose possession the mare and colt were
1t the time plaintiff purchased the note.
Verdict for plaintiff S200.12 and COSTS
counsel for plaintiff, Heath & Carleton;
for defendant, Pitkin and w. P. Dilling-
ham.