Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-03-18
WINDHAM COUNTY COURT.

j. D. Whitney u.s. First National Bank of Brattle-
| boro.-The arguments in this were made by
Judge Barrett and G. N. Davenport for the plaintiff
and by Col Haskns and @. b. Eddy for the defend
ant and occupied the whole Of Fridays session and
two hours and half Saturday. The judges charge
occupied hour, giving the to the jury at 10 80
P.M The jury, at $3.50 p. NJ, returned into court
with verdict for the plaintiff for S7,1l9.s9. The
case now goes to the supreme court exceptions
during the trial TO the admission Of certain evil
dence Of the plaintiff to the charge Of the court
to the jury.
Noses johnson rs. Niion n Perry.-This was an &C.
tion Of trespass for assault and battery The evil
dence Of the plaintiff tended to show that in April
1879, he went to the mill-yard Of the defendant in
Jamaica, for the purpose Of drawing a quantity Of
slabs which had been cut from plaintiff logs at said
defendants mill. That he took away one load with
out any objection from defendants that when he went
after the second load the defendant forbade his TAX
ing the slabs, and, the plaintiff persistng in loading
them on his team, the-defendant assaulted him. beat
ing an brusing him that he was disabled from at
tending to his ordinary business for some time after
The evidence the part Of the defendant tended to
show that the slabs which plaintiff had taken away
and was attempting TO remove at the time were not
the plaintiffs slabs, were they cut from his logs
but were the property Of the defendant which he had
cut up into short lengths for fuel. That he never
consented to plaintiffs taking away the first load and
when plaintiff came for the second load he informed
him that he must not remove them as they were de-
PENDANTS property. Plaintiff replied that he should
remove them, and should draw away all the slabs he
wanted, and get them wherever he could find them.
That they had some harsh and sharp words, where
upon the plaintiff assaulted him FIRST and he used no
more force than was necessary to defend himself and
his property. Verdict for defendant wolcott and j.
g. Eddy for plaintiff Waterman and c. d. Eddy for
defendant.
Prescott s. EdDies, Adn,r, rs. Brattle6oro.-This
was action brought by the administrator Of Ham
nah II. Dunklee, wife Of Scott Dunklee in behalf and
for the benefit Of their two minor children for dam
age sustained by them in the death Of their mother
by reason OF an alleged insufilcency Of highway In
defendant town. The evidence on the part OF the
plaintiff tended to show that on the Ih day Of June
1879, Scott Dunklee and his wife, Hannah H., we're
passing along over the stage road between the east
line of Marlboro and the west village of Bratteboro
IN buggy wagon drawn by horse, driven by said
Scott On arriving at point in the highway on said
stage road where junction lie formed with the road
leading seuthory to the dwelling Of Clark Stark
they discovered the sxhorse freight team of Chas A.
Lamb coming towards them and about ~ rods away
That, the highway being narrow be stopped his horse
at the intersection Of these two roads, turned out
to the right, so that his wagon stood entirely outside
OF the near wheel track Of the freight wagon, and
there waited, sitting in the wagon with his Wife who
held in her lap child some Ave years old for the
team to That the horses and forward wheels Of
the wagon passed by all right, but there being two
ribs Of rock extending from the northery side Of the
highway into the of wheel track about six feet apart
and raised some three inches above the common sur
face as the of hind wheels Of the wagon passed over
them 1t caused the wagon-top, which covered with
canvas, to sway over towards his horse, apparently
frightening 1t, whereupon 1t commenced to back
cramping his near wheel and running the hind wheels
OF his wagon against the hind wheels Of the team
wagon. That the said Hannah, with the child in her
arms, either sd or jumped out" Of the wagon fall
ing between the wheels Of the freight wagon, which
passed over her breast diAgonally. Dunklee then
started his horse forward some six eight feet jump
ed out picked up his wife, aud got her into the wagon
with the aid Of lambs teAmster and drove fast as
he could to the house Of Lewis j. johnson, a little
over half mile below, where she very soon died.
Defendants evidence tended to show that the high
way at the place where the accident happened in
good and reasonable state Of repair and that there
was ample for the teams pass each other with
out difhculty that the horse of said Dunklee was
spirited nervous animal, and that neither the said
Scott Dunklee nor the said Hannah H. In the
ercise OF ordinary and prudence at the time Of
the accident and their want OF care contributed
to the injury.
Verdict for the plaintiff to recover sl6s3S3
c. N Davenport and C. b. Eddy for plaintiff; Z. W.
Stoddard and X. Haskins for defendant.
The case goes 10 the supreme court upon various
questions Of law raised by defendants counsel during
the trial, among which is the want OF notice TO the
town which the statute requires and that the statute
gives no right Of action against town in such case
this also exceptions to the ruling OF the court as
tothe elements that enter into and constitute "pe-
cuniary injury" to the motherless children in the
event that such action be maintained; also
merous other exceptions taken the trial- beinga
novel case none like 1t ever having been before the
courts in this or any other state, so far as known.