Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-09-30
WTNDHAM COUNTY COURT.

Geo. =. Ste6JinS Us Central W. H. n. Go.
This was an action in which the plaintiff
claimed to recover damages suffered by rea-
son OF fire communicated TO his lands by the
locomotive engines running over defendant
road in Vernon, VI.
The evidence Of the plaintiff tended to show
that in October 1879, the defendants were
operating that portion Of the Vermont Il
Mass Railroad between Brattleboro and
South Vernon. That several fires had been
communicated to the adjacent lands along the
line of said road aud that on the 14th day Of
October a Ere was comm lnicatod from an en-
CINE drawing freight train 10 the material
lying along the margin Of their road bed and
near the farm crossing of N. f. Bryant in
Vernon. That the smoke was discovered
along in the vicinity Of 1880 o'clock in the
forenoon. That there we're brush and dry
bark lying near the track to which the FIRE
was set, and being very dry with strong
north westerly wind, it soon passed ON TO and
over the lands Of Mr.. Bryant, across land Of
Lucy Stebbins TO the land of the plaintiff,
burning over and destroying the growing
trees upon about 20 acres. That the damage
to his land and growing timber was $50 per
acre.
The evidence of the defendant tended to
show, that in the operation of said road they
always exercised due caution and diligence,
such injuries. That the margin Of their road
was always kept in excellent condition, well
policed and free from combustible material
which would invite fires, and that at this par
ticular place where 1t is claimed the fire first
caught, there was no bark or brush or any
thing Of the kind. That their engines were
in good repair, their fire boxes, ash pans and
smoke stacks constructed and protected by
all the approved appliances known to or en-
ployed by other companies in doing the bust
ness Of railroading. That upon this line of
road and in the immediate vicinity of the fire
there is quite q curve and something of a
grade which required greater amount of
steam and consequently more fire and en-
gines could not be so constructed as to entire
ly prevent the escape of sparks or cinders,
and at the same time be available for bust
ness. That Bryant was guilty of contribut-
ary negligence in suffering large amount of
dry white pine brush to lie upon his own lands
adjacent to the fence of the company's lands,
into which the fire soon caught and then
spread over the lands in question. That the
plaintiff Stebbins, when notified that the fire
was running towards his own land and re-
quested to lend aid in arresting its progress,
replied that he shouldn't go out TO fight fire,
that it had been burned over once and he had
got his pay for it out of the railroad company
and they we're able to pay for it again, and
did nothing about it. That the fire run over
only about 16 or II acres, including or
acres burned over in June 1872. That the
timber was cut of the whole tract from 1862
TO 1863 and was in 1879 only grown up with
pine, oak and chestnut sprouts of no particu-
lar value. That it would require from 40 to
co years from its first cutting to grow up tim
Der thereon fit for use. That in no event
would the damage exceed from 80 to 81 per
acre. That in point of fact the plaintiff had
suffered no damage, for the reason that it ap-
peared on the trial that he had only life es-
tate therein, the fee having been by his faith
er devised to his children, and the timber
trees would not attain unto a sufficient growth
or size during his natural life time to become
available to him. Verdict for the defendants.
Davenport and Eddy for the plaintiff ].
L. Martin, @. b. Eddy and HRskins for the
defendant.
At the conclusion of this case that of tn Q
BelIOoes Falls Building association gs. John
Retting &c Son was begun and is now on trial
verdict is expected to be reached to-day
We are compelled to lay our report OF the
ease, which is at hand, over to next week.