Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-10-03
chittenden County Court,

SEPTEMBER TERM.
HON. II. II. POWERS. Presiding Judge.
, Hos. THOMAS D. CH,PNAN. -. HI,
Hon. EDGAR II. LANE, -iS@i''d"l 'uuee=-
/, | A. j. HOWARD, CLERK
l.. A DREW, Sheriff.
! II. y. PECK, States ATTORNEY
J. X. PEMBER, Court Stcnographer.
THrEsDAY, Sept -.
In llosford vs.. Whitcomb, Judge Pier
point, on the opening Of court this morning,
charged the jury very extensively and at
great length, occupying over two hours. The
long suffering panel then Withdrew, having
listened 10 this almost interminahlc case for
seven days.
The next case was Helen A. Wright and
William W. Wright Vs.. the Town of Col
chester. This is one of two suits pending.
the present being in favor of the wife and
the other of the husband, for damage to per
son on account of insuificiencSo of highway
The facts are substantially as follows: Be
tween seven and eight O'Clock on the even
ing of December BED, 1877, Mr.. and Mrs.
Wright were driving in double team on
the road in Colchester at the foot Of the hill
just this side of the Shipman place. Sud
denly the clevis gave way, letting the whiffle-
tree fall on the legs of one horse, who began
TO run. While Mr. Wright was trying to
control him the reins broke and as a result
the team was thrown over the embankment
on the side of the road and Mr.. and Mrs
1 Wright were severely iniurcd-thc latter it
is claimed, being so seriously hurt on the
left hip and thigh as to he permanently
disabled. The road is on an average twelve
feet in width the fence is nine feet below
the road and from thence to the level is
twenty feet, making the total height of the
embankment twenty nine feet Mrs. Wright
now sues the town for damages to the
amount Of five thousand dollars. f.. B.
! Taft, r. S Taft and W L. Burnap for
plaintiff o. r Ray and Henry Ballard for
! defendant
FRIDAY. sept. %.
/ The case Of Wright VS.. Colchester came TO
an unexpected and untimely end, yesterday
afternoon After dinner the jury had a
pleasant ride to the scene OF the disaster. 70
turning late in the afternoon. After a f. Wit .
nesses had been examined counsel lor the de
fence brought up the point Of INSURGENCY oil
noticc-it being shown that in the formal no.
tice served upon the town the scene oil Inc .
accident was located at a certain point, where
as in fact the spot was fifteen rods from that |
point Judge Pierpoint decided that this
error constituted an insuliiclency IN the no.
tice, and directed the jury to bring in yer
dict for the defendant. Counsel for plain
tiff took exceptions to this ruling and the
case now goes TO the Supreme Court.
Aftcr being out about six hours the jury in
the case of Hosford VS.. Whitcomb brought
in a verdict for the plaintiff, awarding him
geo
The next case taken up was that Of John
r. Booth VS.. Henry Green. This is a rather
arid case, involving the title to quantity of
lumber valued at about $3.50 furnished by |.
A. Woodbury., agent for J. X. Booth, TO the
late f. W. Chase, and the suit is defended
by the latter's executor, Henry Green. f.
r. Hard for plaintiff; Whittemore and
Wheeler and c. J. Algcr for defendant.
SATURDAY, Sept. p.
The case OF Booth VS. Green was argued
Yesterday afternoon by Mr. Burnap for the
plaintiff and Messrs Whittemore and Alger
for the defendant. Mr. Hard closed for
the plaintiff this morning and after a brief
charge from the presiding judge, the jury
took the case. They were out about two
hours and then returned verdict for the
plaintiff in Si3S
MONDAY, Sept. %.
The first case taken up this afternoon was
that of John Fl. McGrevy VS.. the City OF
Burlington This is a suit for $1,000 dam
ages for injury to person on account of in
sufiicicncy of highway. The plaintiff, a
young man l. or IS years old, lived on the
lower road to Winooski, about II mile from
the bridge At two O'Clock in the afternoon
of the 9th of April, 1878, at a point some
thing less than half mile from the bridge,
McGrevy. while walking on the highway,
stepped into a hole at the side of the road,
was thrown to the ground, and suffered
serious injuries in the ligaments of the right
knee This is, briefly, the plaintiffs claim
On the part of the defendant ii was stated at
the opening of the case that McGrevys
knee had been previously injured III exact
ly the same manner by fall on i Wi
noosk street that he had just been dis
missed by his attending physicians; that
after the second accident he was doing We II
and seemed to be on the way OF entire recov-
cry from his injuries when, on the Fourth OF
July, he took part i'll a boat race nj Ninooski
and consequently suffered relapse and
finally that the hole in the road
was only small place worn by
the surface water, working its way out,
and was entirely familiar to the boy, passing
over the road, as he did, every day. Some
time since plaintiff offered 10 settle with the
city for 50 900, but as our readers may re-
member, the offer was promptly refused by
the Board of Aldermen, and no proposal OF
settlement was ever made plaintiff by any
one representing the city.
+. r. Hard and W L. Burnap for plain !
tiff NJ. r. Tyler and Henry Ballard for
defendant.
TuEsDAY sept. 30
Testimony for plaintiff in McGrcvy vs..
Burlington closed this morning and that for
defendant was begun. The testimony will
not be all in until sometime tomorrow.
WEDNESDAY,, oct. l.
Yesterday afternoon was largely given up {
to medical testimony for defendant tending
to show that plaintiffs participation in the ;
boat race was the final cause Of the perma-
nent injury To his knee.
THURSDAY. Oct. >
The case of McGrcvy ". Burlington was :
argued yesterday by Mr.. Bnrnap for the
plaintiff and Mr. Tyler and Mr. Ballard for
the defendant Mr. Hard closed for the
plaintiff this morning and the Judge deliver
ed lengthy and exhaustive charge. The d,
jury took the case AT noon
FRIDAY, oct. 3 ,
The jury took the case Of McC;rcvy vs.. /
Burlington at noon Yesterday. AT . O'Clock |
in the afternoon they came in. reporting II
They were sent back hy the d
Judge and at O'Clock again came in, being !
still unable t" agree, and were discharged.
The ease of Minnie Slndcrson vs. Charles
Osgood was taken up at the opening of the q
afternoon session. II IS hastnTdy ease.
Both parties are residents of Milton and {
plaintiff was formerly servant in defend {
ants family. The testimony is exceedingly
unsavory and entirely unfit for publication. |
Plaintiffs testimony closed yesterday after
noon and Defendants opens this morning. !
j. +. Wheclock and X. II Start for plain |
Tiff G. W Writers. George A. Ballard and I
F. Il Hard for defendant. {
Ira Bcnis and l. W Cunningham of the !
Passumpsc Railroad, were lost two weeks ago
ia the MuskInogc forest, Province OF Quebec, I
while ON "A fishing expedition. The gallant
+. : Benjamin Of Wolcott and three New
port men, who have been searching Tor them
a week. returned Monday with the lost fish /
crman They were found at m Indian en-
where they had been cared for by |
squaws, and told Il thrllln" story ot exposure I
and encounters with wild bcasis.