Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1888-10-12
OAK Grove RANGE.
WINDHAM COUNTY COURT.

The case of state VS.. Dodge closed the
jury trials, and then began the disposal of
causes which had been set to the court "
Huyh GHits rs Western Iaion TsIegyri,L
Company This was an action for dam
ages claimed to have been sustained hv rea
son OF mistake made bv defendants ou
eratlves IN the transmission of IA message.
The evidence showed that Oct. II. 1851
the plaintiff, who l. IA pedler. had cast Of
goods at the express office m Brattleborp
and being at Rochester, y. II he wrote A
despatch directed TO the express agent in
Brattleboro to send his case Of goods there
1t appeared that the despatch was received
correctly m Boston. but that when If Ar
rived IN Springfield and also at Brattlelorn
It purported to have been sent from Rocb-
ester, y. y, instead of from Rochester
\. ii. The express agent forwarded the
case Of goods 10 Rochester y Y. and in
day or two another despatch was sent for
the goods, whereupon II was found that
they had been sent IL the wrong place
The goods finally arrived two or three DAYS
late and 1t was for the extra expense paid
and damage suffered 10y the delay that the
action was brought. The defendant con
tended that the printed matter at the ton
oil the blank when ii despatch was written
t-I
contract between the sender aud the com
pany, by the terms of which unless th,
message was repeated at one half the .x
Pense Of the despatch to he paid bv tb,.
sender, which was not done. the companv
were only responsible for mistake made
m It's transmission 70 the amount of the
price paid for sending the despatch. which
was twenty-five cents in this case The
court rendered a pro forma Judgment for
the plaintih 10 recover so damages. Ex-
ceptlons 10y the defendant and the case goes
To the supreme court Waterman. Martin
q HUT Tor the plaintiff, Haskins q Stod
dard for the defendant.
Jamaica SdringN Bank rs. El,rar5 Ma,
goon.-Ihis was an action for selling a
quantity OF lumber previously mortgapad
10 the plaintiff and without plaintiffs con
sent Ia this case Judgment was render
ed by the court for the plaintiff to recover
S263.5l damages
Frank JdrobS apt. rs. estate Of Jas 4
Jdco6S.-This was an appeal from the nj
lo"ance of the probate court for the dis
trict Of Marlboro % the widow of .Jns.nb
r. Jacobs. The Judgment of the prohata
court was affirmed without costs 10 aitba,
party, and ordered To Ice certified Ia the
probate court
Edison 4. Corey rs. Prucius ~. HnHLey --
Action OF trespass given 10y the statute for
cutting timber trees. The plaintiff claim
eu Sald trees we're cut on his land. The
defendant contended that the trees were
situated on his own land The case was
heard by Hon l.. NJ. Reed as referee. and
upon hls report "A Judgment was rendered
for the plaintiff to recover "a damares
and costs
Vim, S Gibson RS. Western T,ioa TsLe-
graph C0.-This was an action for dama,,as
III neglecting to deliver the plaintiff jes
patch sent him at Bellows Falls from
Charlestown, n. H., by reason of which
he suffered damages which would not have
occurred had the same been delivered 10
nm within reasonable time after its re.
cePton by the company. The report of
non j. Nj. Tyler, referee, found that the
defendant company were grossly negligent
IN not delivering said despatch. The court
rendered Judgment for the plaintiff To re-
cover SS' 40 damages. Exceptions by the
defendant and case goes to the suprema
court. N'''
HrorceS. Anna L Snyder from Frank
j. Snyder for intulerable severity Sidna,,
A. Howard from Lucy j. Howard. for viii
iul desertion Lila l., Hicks from Merritt
W. Hicks ON account Of the imprisonment
IN states prison for term of more than
three years of the said Merritt W.
STATE rs. Alfred Flmf.-Indctmen for
burglary Plea guilty, and sentenced Ia
the house of correction for one year.
State rs. fraRk Webster, -Complaint
Tor liquor selling. Plea guilty of no 6rst
offences. Fine 500 and costs.
state rs Dennis Dusiane, apt-Complaint
Tor selling liquor Plea guilty of 10 first
offences. Fine 500 and costs
Stdte rs. Le,cis reynolds, apt.-Com-
plant Tor selling liquor. Plea guilty of 20
hrst offences. Fine 5000 and costs.