Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1889-09-20
WINDHAM COUNTY COURT.

Bridgct Manning u.s. H. g. Winchester and H.
". Harris This was an action ON the case TO re-
cover damages for injuries received by reason Of
negligence Of defendants. The evidence showed
that the plaintiff and one william Martin are adj
iacent land owners on the south side Of Elliot
street In the village Of Brattlrboro: that there il
an open road or pass-way extending from said III.
lUt street southerly between their said house lots
" feet in width owned by them In common and
adopted for their and each Of their use. benefit
and accommodation. The plaintiffs evidence
tended TO show that the defendants as contract
Ors, were engaged in September 1875 In building
a house for the said Martin upon his lot that in
constructing the foundation and cellar wall, the
defendants caused their stone to be- deposited in
said pass-way It's entire width, and that some Of
their said stone was placed easterly thereof and
upon lands Of the plaintiff; that the morning Of
Sept 18th, lSSs, having occasion to pass to the
rear Of her house. the plaintiff found the pass
way INSTRUCTED by the stone and attempted tu
reach the rear Of her said house by crossing a it,
tie grass plat along the west side Of her house and
east Of the pass way. The morning was rainy.
the grass wet, and she Slipped thereon and fell.
striking her right leg against one Of defendants
stones breaking the bones Of her leg lust above
the ankle JOINT and also wrenChed and famed her
back and side. That she had suffered great pain
In consequence thereof. had expended quite sum
NJ money for physicians aud nursing and hired
help and that she was still suffering from the eff
feCts Of said injuries Defendants evidence tend.
ed to show that the stone were placed along ON
the west side Of said pass way, near the cellar
which their servants were constructing; that there
was ample space left between SAID stone and the
plaintiffs lands for persons to pass and repass
late In the afternoon Of the previous day, for the
purpose Of using them In the wall the day Of the
accident, and that none OF them encrOached ON
plAintlH land; that pluintiH slipped aud fell on
her own premises and at least two feet from the
east side Of said passway; that In falling her right
leg became bent under her, she falling upon il aud
thus breaking her leg without coming in contact
with any Of defendants stone: that defendants
use OF the pass way was, under the circumstances,
reasonable aud therefore they were In no way
sponshe for her injury. The jury were out -
hours but could not agree. Waterman Martin x
Hit for plaintin; llaskns a StOddard for drfrn-
dants.
Mrs0n r. HOirdrd u.s. j. " Meicndy- This
was an action Of general assumpsit tU recover for
work and labor upon the farm Of Revillo Howard
Of Jamaica, upon a contract with defendant, who
was guardian ut the said RryillD. II was conceded
that the defendant owed plaintiff for such labor
sag, aud interest since April T. 1888 The defend
ant then plead In offset and offered three notes uf
the said plaintiff, which defendants evidence,
tended to show the defendant agreed might be ap-
piled in reduction ut his account, and defendant
To pay the balance in money. The plaintiff claim
ed aud his evidence tended tu SHOW, that the notes
were uutaWcd and that lac never agreed the
same might h. applied towards the payment OF
his said account. Verdict for plaintiff Sjs ~
damages Haskins a Stoddard for paintiH Wa
terInan, Martin Hit for defendant.
Encr'H Wedherhedd rs. Torn of GitilfOrd -
This was an action tu recover taxes paid by plain.
tin under protest, aud assessed against her when
she had no property or estate taxable Ia said town
The evidence Of the plaintiff tended to show that
In February 1881 the plaintiff came into posses
sion, by Inheritance from "A relative, Of Saws
That SHE had determined In her own mind before
she received the money, to divide with her father
with whom slir lived, and her old grandmother
who brought her up and cared for her since her
infancy. That March 81 1887, she deposited in
her own name 500 IN each Of the Brattl-burO sav.
ings banks; that she gave To her father SiOOu
which he deposited IN his own name in savings
hanks in Greenfield, Mass, and SiD1 additional
which he used tn discharge, some debts ne WINS
owing. that her grandmother had never been abb.
to erect at the graves uf her deceased husband
aud children any stones, and she gave SiOO to her
with which To buy a monument, etc and that the,
balanc" Of slS or nearly all Of il. she expended
IN buying furniture and carpets for the house.
papcring and painting, clothing for herself, and
for other things She could not now remember
That soon after the first Of April she was called
on by one ~ the listers uf the town. and she made
aud He'd her personal inventory. wherein she stat
ed that she had no property liable to taxation
The listers assessed her in s2jOO She ap-
prar,-d before them and such proceedings
were had that they reduced the Assessment to
So, and then doubled that accounting, making a
total list IT Sliu She appealed 10 the board Of
civil authority. but they refused to disturb the
listers assessment. The sam" proceedings were
substantially enacted FOR the year 1875 and that
upon these lists for thns. two years she was as
~''SS''d with taxes amounting 10 some over SAl.
which she paid under protest, and now seeks u
recover the same back. The evidence on the uart
uf defendant tended to show that these gifts of
money to plaintiffs father and grandmother were.
not b,uu His transactions, and claimed that ID
was done for the purpps'' " putting the same l-.-
| You'd the reach uf taxation. This the plaintiff de
MED. Verdict for plainth, S3s g.
Haskins \ Studdarl and Eddy for plaintiff
| Waterman, Martin n Hit FOR defendant
Ntutc rs. EOHDt n, Cdmp- Indictment for bur
/ glariOuSly entering dwelling hous, In Rocking
nam April H. 1851 with intent to rayage one Dol.
/ ~ Archer: a lady Of ~ years " age The r.
| Spundent was 4 years old. Plea guilty. aud was
sentenced to the reform school at Nrrgrnn,.s dur
| INK the remainder Of his minority. And in cas-.
of refusal tn obey the regulations NJ the institu
ton, aud to br uf good department. then in that
event to H. removed to the houss. of correction at
Rutland, and thrr'' he confined at hard labor for
! three years.