Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-09-24
V1EDHAM COUNTY COURT



Fayette W. Rnapp as. Nortdne. This was
an action on the case to recover damages on
account of injuries received by reason OF the
insufIiciency of a highway. The evidence OF
the plaintiff tended to show that on the even
ing of October 10, 1878, he was driving WIN
his horse and buggy through the main street
in the village Of Williamsvlle. One OF the
forward wheels of his buggy caught upon the
end of the pole to n large freight wagon,
throwing plaintiff out upon the ground, pro
ducing partial dslocation Of the elbow and
otherwise injuring him. That the freight
wagon owned by the teamster Charles Tyler,
stood partly in the highway where 1t had
been suffered to remain from three TO SIX
weeks. That children frequently played with
the pole, turning it one way and the other,
and sometimes leaving it turned out into or
over a portion of the Travelled part OF the
highway. That on this occasion it was 80
turned, and being very dark night, the
plaintiff could not see the obstruction IN order
to avoid running into it, although there was
plenty Of room beyond, the street being quite
wide. That plaintiff was entirely disabled
from labor for two or three months and his
arm was still partially disabled. The eyl-
dence of defendant tended to show that the
freight wagon stood wholly outside of the lin
its of the travelled part Of the highway that
plaintiff was not in the exercise OF ordinary
care, in that he was trotting his horse and had
suffered it to diverge out upon the margin
and grass part of the highway, and, in turn
ing into the travelled portion Of the same, he
ran against the pole of said wagon, was
thrown out, and thereby disabled. The case
was tried one year ago, when the jury failed
TO agree Verdict for the plaintiffs S2jljO
damages S. +. Davenport, @. B. Eddy and
Haskins for plaintiff Davenport Eddy for
the defendant.
Warren R. Hjldyeh rs HHrV ". Fftts
| ant This was an action to recover the value
Of a sleigh. The evidence Of the plaintiff
tended to show that he purchased the sleigh
in question of one Dexter Wait Of Wardsboro,
and caused the same to be removed and put
in the charge and possession of one Mr.. Or
| cutt since deceased That after its removal
! l. 4. Plmpton sued out q writ against DeX-
| ter Wait and placed it in the hands of the de
PENDANT as constable Of Wardsboro, who at
tached said sleigh thereon and afterwards
| sold it on execution. That said sleigh was
worth SGj. The defendant justified under
| his process, and also introduced evidence
tending to show that said sleigh was worth
only about $35. And also claimed that there
had not been a sufficient change Of possess
| ion Of the sleigh, but the court ruled that the
plaintiff was entitled to recover, and the only
! question submitted was one of damages and
| interest.
Verdict for plaintiff SG2 damages Water
man for plaintiff Davenport Eddy for de-
| PENDANT
state Cases.
The following indictments were found by
the Grand Jury
State VS.. Arthur ]. Belden, larceny.
State vs.. Edgar G. Belden, larceny and
| knowingly receiving stolen goods.
State VS.. Milton Warner, larceny aud re-
ceiving stolen goods.
State VS.. ChAs. n. ID. Warner larceny and
receiving stolen goods.
State VS.. S. Cotton Webster, selling beer
second offence. Bail $500; continued
State VS. Edison Z. Dewey, selling beer
second offence. Bail 500; continued.
State VS.. Sarah Hart, larceny.
State VS.. Chas. Cleveland, assault.
State VS.. Frederick Streeter, rape and adul-
terry.
State VS.. Burton Streeter, rape.
State vs.. Frank Montague, perjury.
State VS.. Frederick johnson, selling liquor
State vs.. John Mansfield, selling liquor
Verdict $50 and costs, SlS.3G
State vs.. Geo. f. Woods, selling liquor
second offence. Bail $500.
State VS.. Chas. Sullivan, selling liquor
Fined $50 and costs, S1s.3G.
State vs.. Henry II. Davis, selling liquor
second offence. Bail $500,
State vs.. Henry Stockwel selling liquor
| Fined $50 and costs, $l7J0.
State vs.. Jesse 4. Weathorhead, selling LID
uor. Fined $50 and costs, Sl7.5O.
State VS.. Frank E. Reed, selling liquor
Fined $50 and costs. $3.50.
State VS.. Henry G. Willard selling liquor
second offence.
State VS.. Augustus Dunton and Henry
Campbell, selling lqour; second offence.
Bail $500
State VS.. Elijah Stockwell, selling liquor.
State vs.. Addison Withheld, selling liquor.
Verdict SO aud costs, $3.50.
State VS.. Russell d. Brown, wilfully refus-
ing and neglecting to discharge his duties as
chairman of the solectmen of Nottingham,
under the Act OF 1876 entitled IAN Act in re-
lation to sheep and other domestic animals.
State VS.. Norman Chase and Leicester
Corse, kidnapping and removing from the
State one Obed Tyler of Nottingham.
State VS.. Edmund Elmer, assault
State VS.. Charles w. Chase, fraudulent sale
of mortgaged property.