Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-09-23
WINDHAM COUNTY COURT.

l.. II. Waeor and trirc torn u HahJd1 This
was an action brought TO recover damages for inju
ries sustained by the plaintiffs wife, Mrs. Emma A.
Wilcox, by reason Of the nsufheiency of Il highway
The accident happened the highway leading from
the Gore bridge" called, to what is known the
Joshua Wilcox place in Halifax. It conceded that
said highway was public highway which the town
was bound to keep in repair. The accident happened
in the evening of September 10, 1879.
The evidence the part Of the plaintiffs tended to
show that the plaintiffs in Readsboro that day
and left for home little before six O'Clock P. That
when they arrived AT the top OF "rhurber hill north
Of Hnesburg, it had become considerably dark; that
team drove past them, stopped and lighted Ian
tern and then passed on through Hnesburg, up the
Green river road to the Gore bridge across that,
passing up the hill TO the road leading to F. P.
Proutys, where 1t turned on. That plaintiffs followed
the said team aud light far It went their
road and then they proceeded along without the aid
Of any light to the place where they met with the
edent. That after the team with the lantern left
them while it was quite dark, yet they could indis
tinctly the outlines of the highway up to point
where the road was shaded on both sides by forest
trees aud underbrush, aud within 20 80 rods
of the place Of the accident. There in the woods it
so dark that nothing could be seen, and Mrs. VIII
COX suggested that they would have to get light or
that her husband would have get and lead the
horse. But Mr. Wilcox thought It not necessary, as
he was perfectly familiar with the road ring pass
ed It time and time again since his childhood, in
the dark well in the light he having always
lived in the immediate neighborhood OF it. That
short distance from the place Of the accident his
near wheel struck stone which indicated to him that
he was getting little out Of the beaten wheel tracks,
aud thereupon he bore little to the right, and soon
thereafter his on wheel came in contact with rock
lying on the margin Of the road and extending out
into the OF wheel track. As the wheel mp the
occupants Of the wagon leaned to the right the horse
1 ate HNn1
wagon dropped 1t was tipped completely over, Mr..
and Mrs Wilcox thrown out, the wife striking her
head upon another rock rendering her unconscious
and otherwise injuring her person. As soon as VIII
ascertained that his wife was not killed. he de-
tached the horse from the wagon ard rode back to
Mr.. Prouty's and obtained assistance and light.
The wagon, not being broken got into the road,
Mrs. Wilcox placed therein, her husband supporting
her upon the seat aud in this they were tax
en- home, young Prouty leading the horse aud carry
ing light On their arrival home doctor was sent
for, who came the next morning. During all that
night Mrs. Wilcox scarcely returned TO consciousness
and only spoke complaining of her head. That Mrs
Wilcox previous to the accident had been average
healthy woman doing the larger portion Of her own
work upon large farm and had borne during her
marriage of ten years four children. That the fall
gave a severe shock to her nervous system, and al
though well cared for by physicians and nurses yet
she has constantly grown worse, at no time being
Aple 70 Walk without assistance, ana Win no pIehen
prospect Of recovery. That the horse was steady
one, well in hand at the time, aud on a slow walk
That the large rock against which the wheel struck
and passed over had natural slope from the wheel
track II inches high to the point where the wheel
passed over it and then depression drop OF feet
and inch where 1t went down at the time they turn
ed over That this rock feet inches in length
feet wide, and at its highest point feet and 10
inches. That its location with reference to the high
way was such as TO a detection curve In the
road TO the left with another rock in the left margin
feet and inches only from the accident rock.
The evidence on the part of the town tended TO
show that the highway upon which the accident hap
pened but little travelled aud good and sum
cent for all the purposes reasonably required Thai
the plaintiffs wanting in care, and drove or al
lowed the horse to diyerge entirely outside OF the
travelled part Of the highway in such manner and
to such extent that they ought to have discoyerea
1t at once. That Mrs Wilcox not injured to tue
extent claimed; that she had always been weak
frail woman, and had been brought TO her present
condition by reason Of Oyerwork and want OF proper
care and nursing They also attacked the sufcieney
Of the notice given the selectmen, in not properly
defining or describing the place OF the accident ana
the injuries claimed aud attempted 10 be reeo'-
cred for. After being out day and night, the jury
failed to agree, and were dismissed Friday morning
Haskins GoOdnOw, Tyler aud @. b. EDDY for