Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-03-13
Washington County Court.

Il
Hon. WILLARD S. MARTIN, ,...,..,. t...,...
Hon. PHLANDER RIFoRD ! ASSoc'"" '"o9'S'
NJ. T.. SMILE, Clerk
FRANK PLuMLEY, States attorney.
JOHN l.. TUrrLE, Hh Sheriff.
HENRY Ov1ATT, Reporter
The March Term of the Washington County
Court was begun in this village on Tuesday morn
ing. The court was opened by prayer by Rev.
Dr. Hull
Proclamation having been made by the sheriff,
the following gentlemen were called and sworn in
az jurors: Barre, Charles Barber and Samuel Nye;
Berlin, II. Alexander and Oliver Wheelock; Cabot,
John Brown and j. A. Harrington; Calais, H. +.
Burnap and J. =. Carnes; Duxbury, John O'Nei
Fayston, Robert Maxwell East Montpelier, Charles
Jones and Samuel Dudley; Middesex, S. Howard
and H. A. Sawyer; Montpelier, W c. Walker and
James w. Brock; Marshfeld, Ira Bullock; More
town. Austin Kerrin; NOrthfied Luther Rich and
Seymour Ilowes; Painfeld, n. C. Lombard and
Charles b. George; Boxbury, S. G. Stanton
Watsfeld, G. W. Olmstead and Edwin House;
Waterbury, Daniel Hopkins and f. b. Huse; War
rem, p Lockwood and NJ. Il. Goodspeed; Wood
bury, Ira G. Jewell; Worcester, c. c. Tewksbury
The first case-now on trials Harriet l.. Wal
colt, by next friend, 49, Charles Lawrence, The
plilHtlu BlIl VI ulItlttls lNlnH WIN hti
and sister in Frenchs block in this village claims
to have been severely injured on the 10th of
June, 1874, through collision between the team
in which she was riding, and the defendants
ice-cart. 1t appears that on the day named the
plaintiff, her mother and sister were driving up
Elm street on their way to school the plaintiff
was teaching at the " Horn of the Moon " in East
Montpelier They were in an open buggy drawn
by one horse owned by Joel Foster, Jr., and the
mother was driving. At about the time they
arrived by Mr. Boutelle's house they saw the de-
PENDANTS ce-cart coming towards them on the
east or river side of the road. The plaintiffs
team was on that side of the road too, in accord
ance, Ms Mrs. Walcott testified, with the we'll
known law of the road keep to the right"
Both teams approached each other on this same
side of the road. As they were meeting the plain
tiff turned still further To the right to the grass
and the defendant, trying to turn to his right at
the same time, brought his hind wheel still further
to the east, and the plaintiff team was caught
between the ice-cart and the fence and wrecked
to some extent. The plaintiff claims that her
spinal chord was severely injured by the shock,
and that she has suffered a great deal and
hasn't by any means recovered now. The de-
tldillss Hlsls lldt lnt was W
blame in not turning out for his team; that the
ice-cart was laden with six or seven thousand
pounds Of Ice was coming on the side of the road
where it was customary for heavy teams to use
because it is easier travelling, and that heavy
teams like his never turn out for anybody; that
common sense should have told the plaintiff not
to keep path which would evidently lead to
collision, and that when they saw that the ice
cart was pursuing the even tenor of its way, they
ought to have gone to the left, matter what
they thought the law of the road was. The de-
PENDANT claims secondly, that the plaintiffs in
juries are in great part feigned, and that what
illness she has suffered has been from some fe-
male weakness which existed before the accident.
The case was given to the jury this afternoon.
Messrs. Heath & Carleton for plaintiff; Messrs. J.
A. Wing, J. o. Livingston and Henry X. Field for
defendant