Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-01-03

The greater part of last week was occu-
pied with the trial Of Eliza j. Whitney VS..
The town of Sharon. Plaintiff is II good
looking. young girl, residing with her PIT
rents in 1unbridge. Sometime in the iall
of 1872 she made an engagement with
Mr.. George T Hazen of West Hartford
to work for him during his wile's confine-
ment. During the first part of October he
communicated with her by letter and mott
fled her that he wanted her at once. On
Saturday, the 18th of October, he heard
that the thrashers were coming to his
house on Monday, and, in his wife's ad-
vanccd state of pregnancy, he was afraid
to have her attempt all the laber alone.
He therefore, plaintiff having failed to
come, asked her brother-in-law, William
B. Porter, to 90 to Tunbridge and bring
her. Porter did so, and on Sunday fore
noon started back for Hartford. While
coming down the Downer hill in Sharon,
as be and plaintiff testified, the horse be-
came frightened by a steer in the road
became unmanageable, and jumped down
steep bank, some forty feet, into the
White river. The girl was thrown into
the river, under the wagon, md was un-
doubtedly badly injured. She walked,
however, to the house of Eben Doubleday,
some little distance, changed her clothes
for dry ones, and rode to Porter's home
through the rain, seven or eight miles
She claimed to recover damages for injury
to the spine. The town defended on varou,
grounds; first, that she was travelling or
Sunday, contrary to the Statute, which for
bids travelling or labor on Sunday, excep
in case of necessity or charity; second
that the road was in good and sufficient
repair, there being some twenty feet o
wrought level at the point of accident
third, that the main or only cause of TIT
horses fright was Portcr's defective har
ness, which gave way on the mill, and ;
little piece of which was found there sool
after the accident; fourth, that the plain
uff's injuries were greatly augmented b.
want of proper care and medical attend
ance, it being conceded that immediatel
after the accident she rode to Porter
home in the rain, with thinner clothin
on than she wore from her fathers home
and that she did not have a doctor till tn
next Tuesday, and after that very rarely
The plaintiff, on the other hand, claim
ed that although the road was wide, VI
there ought to have been u imminent @
railing at such steep bank, and that til
level curved so and was so shaded by tree
that you could not see its entire lengt
from the top; but that II frightened hor'
would naturally think-by an opening
. the trees-that the course Of the road W.
where Porter's horse jumped; that tt
harness was in good condition, and tht
| plaintiff had done all for herself that pr
! dence required There was no doubt, eve
:, among the doctors, who generally contri
dict each other point blank, that plant
> was injured, the only question beir
q whether she would get well soon or eve
/ rhe jury evidently thought she won
soon, for they gave her only 1867 so
y about half us much us she was awarded {
the second triNt, and seemingly very i
!, adequate verdict if the town is liable
!, all, as she has suffered three or four yea
!. of pain confessedly, and even the me
sanguinc of the towns doctors thought
would take two or three years to cure he
e Messrs. q. w. Clarke and Orin Gnmb
,e for plaintiff; Messrs. w. Z. French,
w. Rowell and Roswell Farnham for 1
fendant Y..