Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-12-25
Orange County Court.


Hon. TIMOTHY p REDFIELD, Presiding Judge.
Hos. :. r, CLEVELAND, ASS, Judges.
Hon. s. u. DARLING,
l.. q. HlNCKLEy, Clerk.
A. S. AUSTIN, Deputy Clerk.
w. G. CLARK, Sheriff
r. NJ. HARVEY, States Attorney.
j. II. MMNfs, Reporter
The December term Of this court commenced
on Tuesday the 18th inst. The Rev. y. worthen
delivered the opening prayer, and Sheriff Clark
opened court in due form. The petit jurors were
then called, sworn and charged by the presiding
Judge who suggested certain rules by which
they should be governed.
The following jurors were In attendance: Brad
ford, j. II. Peters and NJ Il. Chamberlain; Brain
tree, VIM. G. Holman and c.. Il. Woodward ;
Brookfield, c. II. Bigelow and VIM. l.. Buck
Chelsea Franklin Dearborn and A. W. whitney;
Corinth, W. Chapman and j. H. Virgins Fair
lee, d. c. Abbott and NJ K. Jenkins Newbury,
T.. Baldwin, Jr. and A. J. Knight; Orange, d. II.
Ioughton and G. X. Gale; Randolph j. G. Fow-
Ter and John Buswell STAFFORD, Luman Judd
and John Preston; Thetford j. A. Morrill, and
John II. Moore; Topsham, John Miles and ]. II.
Goodal; Tunbrdge, N +. Hunt and +. d. Moody
vershire, Jewett Clough and f. W. Darling
Washington, Levi Grant and D. 7. Jameson
West Farlee, Oscar Carlton and Daniel johnson;
williamstown, Lyman A. Work and o. T. seavcr.
The first action was Elijah Blodgett, ct TX. rs.
Town OF Roxbury. This was action brought
by the plaintiffs to recover damages for an injury
in the shape of n broken leg, which happened to
Mrs. Blodgett on February 49, 1877, while travel
ing on highway in the town OF Roxbury, which
that town should keep in repair. The plaintiff,
Mrs. Blodgett, on the date above mentioned had
occasion to go from Randolph to Mortified, and
started in sleigh with her son and sons wife.
When they arrived near the place Of accident,
and Just before the accident occurred they had
to turn out Of the road to let team pass contain
ing Nelson Duffany and another man. The
plaintiffs sleigh turned into the road again and
proceeded few rods, when defect in the road
was encountered which jerked the sleigh so
forcibly that Mrs. Bodgett was thrown out head
first breaking her left leg in two places. She
was put into her sleigh and conveyed to North
field where the limb was set, but the plaintiff
suffered great pain from that time until the time
OF trial, and was not then entirely recovered. In
support of her testimony she introduced two
medical witnesses, who testified as to the condi-
ton past and present, of the plaintiffs injured
were travelling with the plaintiff at the time OF
accident, corroborated the account of it. The
defendants introduced testimony tending to show
want of ordinary care on the part of the plaintiff
in the selection of sleigh, that it was inadequate
for the purpose of carrying three persons, and
also that plaintiff careless in driving. Testi-
mony was also produced as to the condition OF
the highway, tending to show it was in good and
sufficient repair at the place where the accident
happened that plaintiff fell and when her sleigh
was turned into the road, above the place Of
accident. The case went to the jury Friday after
noon, but they were unable to agree and were
discharged on Saturday at noon. 1t is understood
they stood six to six.
Samuel NJ Rollins rs. Albert Chalmers. Both
parties reside at Newbury. Chalmers seduced a
daughter of the plaintiffs as the plaintiff claimed
the daughter was sick for some time, and finally,
when the child was born, or week from that
time, the girl died. The defendant endeavored to
get a continuance last term, but failed to do so,
and judgment was ordered for plaintiff. An at
tempt was made this term by defendant to reverse
that judgment, but it was unsuccessful, and the
case went to the jury to ascertain the amount of
damages. The evidence tended to show that Miss
Rollins died from septicGmia, or blood poisoning,
resulting from her condition after delivery of the
child that previous to her confinement her father
had lost her services in consequence of her sick
ness, most of that time. The defendant en-
deavored to show that he never seduced Miss
Rollins, but that testimony was excluded upon
the ground that he had been adjudged guilty in
that respect and could not now show his innocence
1t was claimed also that the death of Miss Rollins
partly due to the plaintiff 5 negligence in not
sending for physician; but DIR. Nelson, OF Wells
River who was called to see her the day after her
confinement stated that in hi. opinion the result
could not have been changed had he been called
sooner Jury returned verdict for plaintiff,
SSil 81 and costs. J. W. Rowe and Z. W. Smith
for plaintiff Roswell Farnham and d. w. Rogers
for defendant