Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-04-18

SUIT AGAISsT The CITY-AN IMPORTANT
CASE An important case and one Of in
tsrest 10 all the taxpayers Of the city, is
now on trial In the County Court, being
that OF George L. Reynolds against the city
OF Burlington. Ii Is an action on the case
for injuries sustained on the lower road to
Winooski. opposite L2Ciair's brick-yard,
April -, 1878, and the plaintiff claim.
briefly stated. Is this That on the day
mentioned the plaintiff had been to the
Winooski aouring-mill with a load of bar
rels filled with grain. and, after having the
gram ground, started on his return that
on reaching point 10 the road opposite
Joseph Dapaw's, being in the southerly
travelled track. he discovered peddler's
cart standing in the sans carriage way. in
front Of the brickysrd. that thereupOn he
began to look fora place in which to turn out,
and kept on until within twelve or fifteen
feet Of the cart, when he enieavorei to turn
out that (as plaintiffs evidence tends to
show there wasa set Of deep ruts extending
from the place where he frs! saw the cart
along past where it stood that in turning
out, the plaintiff tried to "straddle' the
first rut nearest the centre OF the road, and
that 10 50 doing, the right fore-wheel of
the wagon dropped into this rut (Which, it
is claimed, was eleven or twelve inches
deepl, throwing the plaintiff from his seat
forward on the off side of his team. he
striking on his left shoulder The horses
~prang forwarito drag the wagon out Of the
rut and in 80 doing the right fore
wheel struck the plaintiff, passing
over ms legs near the ankie-ioint, and the
right hind wheel passed diagonally over his
body. from the right hip to the left should
or, producing a fracture of the first, second
and third ribs on the left side and injurlng
the spine and the muscles of the back.
These injuries confined the plaintiff to his
bed for six or eight week., and he has not
yet recovered from their effects and the
medical testimony introduced tended to
show that they would DO permanent. Mr..
/ Reynolds now comes intO court claiming
/ damages in the sum OF -ix thousand dollars.
/ CA the part OF the defence it l. claimed
| that the highway at the point where the
accident occurred was not IN 20 bad con-
dition as held by the plaintiff that the
ruts were not more than seven or eight
| inches IN depth that within four or five
! days previous the road had been too wet to
work in any practical manner that the
manner in which plaintiff was ridlng-sit-
/ ting On barrel-was careless. and that
plaintiff injuries were not 50 severe as he
claimed.
A large number Of witnesses were som
monsd on either side and the case has been
| a long and closely contested one. Besides
the particular point IN issue number Of
nice questions are involved and the decision
will be awaited with good deal Of interest.
k. II. start and +. j Phelps appear for
the plaintiff and NJ. r. Tyler. City Attorney.
| and l. J.. Lawrence for the city.
JOHY =. PH.rR died protesting his lnno-
cence and asking forgiveness for his perse-
cutors, while the shIlckcr1 for his life threw
]
/ gained by a sovereign State IN ITS struggle
against dcienceies- man Boston GiObe.
Not many murderers arc as amply and
ably defended a. was John T. Phair and
II a sovereign State has any right to hang a
murderer, OF if society has any rights as
against an individual, thi- was case
which called for the assertion Of them But
there has been IA, unseemly rejoicing IN
Vermont, that We have seen or heard of,
over phair'4 execution lt Wa the sa1
ending Of a sadly mi-'pent le-tho queneh
inG by the hand Of justice Of powers which,
rightly used, wouli have made their pos
se-sor a useful and prosperous man. There
j. doubtless IN many minds a feeling Of
rellei from apprehension lest Justice should
be outraged and society imDerlled ~ the
final esraIa iron. penalty of reckless
criminal but the mourniul features of tn,
case are 50 many, that no one can contem
plate It without sadness