Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-04-06

aan,,,,od that be had ,o,d neopie so immediately
of,or tho accident Ue said that tina. statement
vos ,,odo in iole wos No, ,r,e In foot and that
be would sometmes liz when he was not under
oath Tho town c,a,med that tho mara WAS not
worth near one hundred dollars at the time of the
accident and mt on witnesses who testified that
sbe had always been a balky and unmanapeable
beast and unfit to send on such an GRAND as
drawing slabs from a mill. But the towns main
defence' and the point which won the case. was
that the Mace where the ac .ident happened was |
No, nub,ic highway which the town was hound
to support II seems that the mill is situated on |
the right bank of the river, short distance above
Barre lower village Down to II from the Wash |
ineton road leads steep road It was on this |
road that the accident happened. In the fall OF |
1878 this road was partially worked by Mr. Phelps,
the owner of the mill, under an agreement with |
the selectmen that thew would make IL a public |
highway after the "working" had been COM
pleted. No certificate OF the opening of the road
was ever filed In the town-cerk's office and the
road was never mt into anv of the survey bills
The only evidence tending to show that the road
had been worked" by the town was from the
testimony of Mr.. Lewis O. Moves, who swore that
in the spring of 1879. Mr. Augustus O. Claaiu. |
one of the selectmen, told him that perhaps he
had better do a little work upon 1t, and he &C.
cordingly did. Judge Taft ruled that, upon this
state OF facts, the road was not public highway,
and ordered n verdict for the defendant. The
plaintf excepted to tho ruling. and the case will
IN N tho sunreme court Mesars f. W Risbee
and r. sburt,eff for nla;ntiff. Mr. Georye w
Rassett town agent for defendant
william II Norris va Euoene n Rovce This
,ros oaso NJ yreat ;rterest 70 liverv stab,e man
ond 20 ,ha;r natrors Tho roin,iff 10 res,dart ~
Nor,hsoId and ,ho Loonor ~ a bo,e, and l;vorv
...,,o ,ho., ~ ,ho ,o,h ~ rnr,, 1900 thu 40.
-,
ienuan' "ho resiueu anu reS,ueS ~ "o"',o"'
hlreo team oi the plan.in WIN wnicn W urNe'
over 'ne mountain 10 "ai'she'u upon Ns'.
10 MS parents ana MS iriends' ne went WITHOUT
accident and on the ensuing MONDAY started
TO return AS ne tells the story the mountain
ROAD on the west side was 80 steep anu Dau that
he got out oil the buggy In order 10 ease 'ne mare
IN gong up Tue MIL which IL ABOUT u niue long
lie walked behind Inc mare was quick walker
ana gradually drew more ana more aheao Oh hiin
Al a certain water par ABOUT hai-way up the NIL
ne haiioaed ana caused her 10 stop lie caught up
with her and undertook 10 get hoid OF her oridie
IN order 10 Keep her s'in ior ie" minutes 'ha'
she might nave more rest thah she herseii' peihg
AMBITIOUS, was inclined 10 take' Just as ne got
abreast OF the right forward wheel, the mare
looked round' saw MIN jumped ana started OH
on run. He followed unavaingly She ran to
the top Of the hill and disappeared over the brow
The next he saw Of her she was in a shed at the
foot Of the east side Of the mountain, with
broken leg, and he learned that the buggy and
harness had been pretty well demolished. He
pretty soon met Hank" as the plaintiff Is
| called, driving from Mortified in search OF his
property, having learned that an accident had
happened. That evening the parties met in
H""h'." "'"@i" ~n,"" "-A a'-'"''.a Oh" r~"'
ton Oh damages. Inc aelenuant toia ms STORY,
anu !" couiu not 10 oon'r"ui,'e'' ~, ne WAS ,ne
on,y po,son VIM A"V Nv, "'y .n,As 49,
sA'u ''',' ne was on MS way uAoA " mon''o"'
''oi " BUSINESS '''p W ""'" Gnu o'"e' p"o,
anu wnhe aoAno~'eusns nv n"oin'S' ~, no u'u
nv Done'o no ""s ~ '"u.. no ."' "AI.s' ~. ~,
inc sase vi an ai''o4'o'e se.ue,nea'' sNo vi.
p,"n'.i' siV ~ money, ",' "o no. ".'n N.D' "-u
MS no'e ior Sioo, WHICH no wouiu pay as soon 40
no 'ou'u' n,o''i' io'useu 'n'' oAoi a"'ooo 'n'
no.e was enuo'sea W so"o iesfon''u'o pe'eon
anu worry 'oon nau '.o uoronu"". "..'su up,n :"
WITH against MS oouy poS'o s"'o uni anu 10
| -, - - -
CASE ine mare III Question was i"l,uu' u'"oi'
naneu Nen'e "oou' s'N'oen Soa,s ou, "a0" :"
i"'so '""io Vi ,no "o"eA Gnu o,.,u 1.,n nDa Deen
aecusoome' 70 u'iVo, anu ,no p'A'n''. pu. uPon
.he s'ahu i"uies anu een'elnen VIM ,'s.'neu W
her seh'ieness anu speeo oho was h,iieu 'ne
u"y ai'oi inc "'.uens anu 'ne p'a'n'.,i 'po"'
score, OF MORE OF aolars IN repairing 'ne buggy
anu HARNESS. ihe ue'enu"n' s.o'y 'ou'u no'
W con.rauic'eu' ou' was oi"i'neu w p'",n',n
COUNSEL 'na' e'en on ms own su.'e,non' no naa y,
oeeh very careless III se'''ns VI" Vi .no o"ssy anu
walking oehiho 'he 'eaiii' wheh no hhew mummy
ABOUT the niare oAcep' ~ha' lne pan'''i h"u .o'''
MN IL was III eVioehce 'ha' .he oeienuan'' "hen
heweht 10 the sIaple' asked ior S'ie horse' anu
thatthe plaintin toid MN tne mare was sa'e oniy
she needed 70 DC driven with Slack rem ana .na'
TINS was all that was sara upon tne SUBJECT. Inc
defendant put on TWO OF three citizens OF Wats-
held, familiar with the mountain road VINO testi'
fed that it was customary for travellers TO get GU,
NJ THAR wagons and allow their horses to draw
-, -. 49,. A.. -....iu -, .aoo,., :, "a,
the" empty up 'he inou"''in' on "ooouu' vi I've
great steepness and length. 1t was generally ex-
pected that the verdict would be for the defend
-. H.. p,,,. Cho..o o,oo so;a ,h., 4, ,ho,
a"' D"' nu'us Snoa'o o"1o sou '"". II NOV
was anything that divine providence could mol
foretell, 1t was the verdict Of a petit jury And
in vari6caton ~ tho saving this iurv fourd q
!" a. y, 'Do s"''-e' ,"s '','
verdict OF sloioo In iaVor Oh the piaihun' a