Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-10-01

rs
Evidence was then introduced on both sides
as to the question of damages TO the horse
and sleigh, which was not on the whole very
conflicting. Verdict for plaintiff $50 so dam
ages. Boyd, Butterfeld, and Davenport d
Eddy for plaintiff; Xix and G. b. Eddy for
defendant
HOiHs 7. Robinson Us John w. Frost and
Chds. n. Park This was an action of tres
pass on the freehold, and other wrongs allep-
ed to have been committed by way of aggra-
walton. The evidence on the part of the
plaiutG tended to show that he was the occu-
pant and possessor of certain dwelling
house in the village'of Willamsville, and had
been for many years past, which said dwell
ing house was owned by his daughter Eliza.
That on the 2ith day of july 1879, his son
William, with his wife Elizabeth, who resided
in Peoru ILL.,, came to his house, and remain
ed there until February Z, 1880, when he was
removed. That William was an invalid, af-
flictcd with a serious disease of the brain, and
in about four weeks after his coming he took
to his bed, from which he was never taken,
except for temporary purposes, until his final
removal That during his stay at plaintiffs
house, he was treated by DIR. Gale of Brattle-
boro, and nursed and cared for by his wife
Elizabeth, and plaintiffs wife and daughter
Eliza, with some assistance from the neigh
bors. That at times he was wholly uncon-
scious, and at other times he would converse
n little, generally only being able to answer
questions in monosyllables That along in
the fall of 1879 some little jars and difficulties
arose between the wife, Elizabeth, and the
other members of the family whereupon she
proposed to take her husband away and re-
turn with him to their own home That mat
tiers ran along as before, neither party becom-
ing reconciled- William insisting upon
her right to remove her husband, and plaintiff
and other members Of the family insistin g
that he should not be removed. That plain
tiff and Eliza would ask William if he didn't
want to remain with them, and he would re-
ply Yes, and that upon one occasion he
told plaintiff to keep his doors and windows
locked and fastened, so as to keep out all
depredators. That in the afternoon of Feb
ruary II, 1880, DIR. Gale came into his house,
| and soon passed into the sick room that soon
after the defendant Frost came into the house.
and, after passing the time of day with him,
inquired for William, and then passed into
the sick room. That in short time there
after Mr.. Frost passed out of the house, and
about the same time Mr.. Ingram drove up in
front of his house with closely -curtained stage
coach. 1t occurred to plaintiff and his daughter
Eliza at once, that they had come to remove
William, whereupon Eliza bolted the door to
| exclude any further entrance. That soon af-
ter Mr.. Frost, with defendant Park returned
| to the door and one of them took hold of the
knob aud found the door fastened. Eliza, by
his direction, went to the window and ordered
them to leave his premises and forbade their
entrance into the house. That plaintiff
went to another window and ordered them to
leave and forbade them from coming into the
house. That Mrs. William came from the
'sick room" unfastened the door, opened it
| partially and invited them to enter the house
| That Park got his foot and knee between the
door and casing and endeavored to force his
way in: that plaintiff and Eliza undertook to
close the door, but defendants put force
against it, crowded the door open, hurting
| the plaintiff against the stove. Defendants
entered the room and Eliza and plaintiff en-
deavortd to expel them therefrom. That
| Frost pushed plaintiff violently upon lounge
and that Park, who was holding the door
open also pushed plaintiff away with great
| force aud violence. That Frost passed into
| the sick room whore was William, his wife
and DR.. Gale That Mrs. William went out
| and invited in one James W. Shipman to as
sist in the removal and that he came in
against plaintiffs protest, showing and push
| ing him with violence as he came in. That
Frost came out and took Parkss place at the
| door, Park going into the sick room, who
thereupou appeared soon after with Shipman,
bearing the body of William, DIR. Gale and
| Mrs. William following after; Frost swung
| the door wide OPEN for them to pass out !;
| plaintiff undertook to close the door to pre-
vent William being carried out, whereupon
Frost STRUCK him and pushed him away with
great violence. That William was put into
| the COACH laid upon a mattress, and with
Frost, Dr. Gale and Williams wife, departed,
which was the last he saw of his son William.
That his motive in resisting the removal of Will
liam was that he understood he was to be re-
| moved to PEORIA and that he had been in
formed that DIR. Gale had said he couldn't
live to make the journey. That William died
| April %, $780, at Brattleboro. That the
evening after the removal he was taken with
great pain, was very sick for a long while
thereafter and has never fully recovered.
That his pain and suffering was produced by
the great nervous shock he sustained by and
during his sons removal.
The evidence on the part of the defendants
tended to show, that early in the spring Of
| 1879 this disease of the brain became quite
manifest in William, who was engaged i'll the
business of insurance and loan agency
that his family consisted of himself, aged Is
years, his wife Elizabeth, and two boys, the
one eleven and the other years of age. That
he had a pleasant home, with a commodious
house and well-appointed surroundings but
that at the advice of their family physician,
Mrs Robinson took her husband to New
York for treatment by DIR. VIM. A. Ham
mond, who is regarded as standing at the
head of his profession in the knowledge and
treatment of brain diseases. That they re-
manned in New York little over four weeks
that at one time it was thought his condition
was improving, but he was soon taken very
much worse, and Mrs Robinson was advised
to 90 with him into some cooler and more
quiet place. That at this time Williams
mind was so affected and weakened that he
had no power of exercising choice or will
as to what he would do. That while in New
York and Brooklyn, he seemed to think he
was in the village of Fayetteville and among
other familiar scenes. Mrs. Robinson de-
cided to take him to his fathers house in
Vermont and there remain with him until
cooler weather, and then return with him to
their own home and children. Soon after
they arrived in Williamsville. DR.. Gale, who
was the family physician of their father, con-
tnued his attending physician while he lived
DIR. Campbell being called two or three
times in consultation. That the treatment of
Mrs: William was such on the part of the
other members of the family-more partiou-
larly Eliza-that to remain there with her
husband she could not, and so she determin-
ed to remove her husband home, as soon as
his physicians decided it could be done with
out detrment to him. That Williams mind
was weakened by his disease and nearly de-
stroyed being like child. That while he
would at times say he wanted to remain, and
at other times that he wanted to leave, he
only had the power to answer Eyes" or 'no, -
as the question might indicate an answer was
required; he was entirely unable to exercise
any choice whatever That the case became
wholly hopeless SO far as a recovery was con-
cerned, and his condition could in no way be
affected by his surroundings or by a removal.
That being advised by both Drs Gale aud
.l,.1l Ntyau
safe and proper she decided to go that far,
and if he was not affected by that, then as
soon as he got rested and the weather per-
mitted, she would return with him to Peoria.
Pursuant to this she arranged with DIR. Gale
TO superintend the removal, to employ neoes-