Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1888-02-13

ell In every particular as To looking
oxen over when taken and when re-
turned; were in as good condition
when returned as when taken, very
poor in flesh at both times worth
perhaps $40; saw no scars on cattle
when taken back; had seen cattle
several times in Nov. 1884. Fleming
came to get him to draw hay as the
cattle were not able.
Mr.. Duval testified: Worked for
Mitchell i'll sugaring; oxen worked
very poor.
Several witnesses testified to nigh
OK lying down while at work on high
way in summer of 1884.
Mr.. Day testified: Saw OK lying
down in winter of 1884 while at work
in Coventry, and as to meal being
given him while so lying down.
Others testified to poor working
qualities of oxen before Mitchell
took them, also that oxen were quite
old, one person expressing it that
they were so old the wrinkles drop
ped off.
Plaintiff put in a lot of evidence
from parties who knew the bulls rel
alive to their working qualities, their
value, weight, etc., and their condi-
ton when Mitchell took them. Also
evidence to show that they were ill
treated while in the hands of Mitch
ell. There was considerable evidence
tending to show that they were re-
turned to Fleming in a used-up and
worthless condition. The case con-
sumed more than two full days and
was ably managed. The "charge"
was clear and the jury took the case
at o'clock, Thursday. Verdict for
the plaintiff to recover $3.50. Grout
& Prouty for the plaintiff; Edwards
& Young for defendant.
The next case was an action insti-
tuted by F.S. Cobleigh of E.Charles-
ton against S. M. Cole to recover
damages for injuries received by be-
ing thrown from a wagon on account
of the fright of a horse occasioned by
an engine boiler, which Cole left be-
side the highway, on land owned by
Myron Buck. Mr.. Cobleigh testified
that he resided in +. Charleston, that
he started from there Dec. II, 1885,
to go to Island Pond, had his family
horse, which he considered perfectly
safe. When near Mr.. Bucks horse
became frightened, and while he was
trying to control him was thrown from
the wagon-knew nothing more for
several days. Mr.. Cobleigh describ-
ed the position of the boiler, its looks,
etc. He described his wounds and
injuries which were very numerous
and severe. Gave evidence relative
to medical treatment, cost of sick
ness and injury to his head, from
which he constantly suffers. The
plaintiff was subject to quite severe
cross examination relative to his his
tory, business enterprises, etc.
Nicholas Stuart testified that he
came along the road and saw Cob
leigh trying to get up. Went some
distance away where the horse was
and hitched him to the fence went
back, and, with Mr.. Chapel, took
Cobleigh and put him in my wagon.
He spoke once but seemed uncon-
scious; carried him home. His
face was bloody. Cross examined:
Saw the boiler from the Buck place,
80 to 100 rods. The horse was in
the field opposite the wagon and
did not appear frightened; nothing
about the wagon or harness was
broken.
w. A. Chapel who was at the
scene of the accident testified that
he saw Cobleigh and helped him into
wagon. Boiler was from three to
FIVE rods from the road; was D feet
high and could be seen 100 rods
either way, Worked for Cobleigh
while he was sick and he paid me
$40, Cross examined; Horse was
not frightened. Cobleigh went to
barn before ! left but not out of
doors, Ground was nearly level
where accident occurred.
DIR. j. A. Bowker of West Charles
ton was called to see Cobleigh on the
day of the accident. Found wounds
on the head and elsewhere patient
seemed unconscious. Did not re-
cover his senses for a day or two
had conclusion of the brain. 1t is
doubtful if he ever fully RECEIVERS.
Was delirious occasionally for six
weeks. Bill for services was SLIPS
Mr.. Cobleigh was quiet man but
was bright and active before the ac-
cident. Consider his injury perma-
nent; should judge from what | see
that he is somewhat demented.
Passed the boiler and my horse was
frightened by it. Cross examined
Horse is II years old and has been
frightened at other objects.
G, W. Lang testified that he went
by the boiler and his horse was
frightened by it. Had known Cob
leigh 20 years and considered him
bright man; since the accident has
shown signs of mental injury by hes
itation in speech. In cross exami-
nation Mr.. Lang stated that his
horse had habit Of shying and that
he was brother-in-law to Cobleigh.
l.. f. Brainard testified that he
went over the road with two horses