The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1889-11-20
Supreme Court DecisiOnS---Gen-
eral Term.

The general term of the supreme court,
which has been in session at the state-house
since the ODD of October, adjourned last
week. All the judges participated in the
hearings The docket contained fifty-eight
cases from the different counties of the state.
The first case heard was that of Mary L.
Hatch as. T. r. Gordon, guardian of e. l..
Gordon, from Chittenden county. 1t had
been heard in the supreme court of that
county and continued to the general term
for reargument. The question involved
was that Of homestead in the estate Of b.
b. Hatch, late of Jericho, whether the
widow or the children should take it under
the will. The decision in favor of the
widow was affirmed. Rutland Railroad
Company Us. Joel NJ. Haven; decision of
the county court in favor of the plaintiff
affirmed. Mary Conklin rs. George D.
Niles, from Bennington county, Judgment
for plaintiff affirmed. Ada f. Barber u.s.
X. w. Bennett; judgment OF county court
reversed and case remanded TO county court
for hearing. Horace w. Thompson rs.
American Home Missionary Society, from
Windsor county; decision in favor of de-
PENDANT reversed and cause remanded. The
court held that Elvira ID. Parks only took a
life interest in her husbands estate under
his will and should give bonds before re-
ceiving the possession of the property. G..
s. Melendy rs. G.. A. Ames; decision of
county court in favor of the plaintiff re-
versed and case remanded to county court for
new trial. o. p. Cilley Us. Charles Flander' S
Estate. The petition for an appeal was
dismissed on the ground that it was brought
too late. Il. Hutchinson as. Elisha Ii. Ford
decision of court below in favor of the
plaintiff affirmed. The court held that the
word "wood 3" in the deed meant growing
trees, and included timber and lumber as
well as wood. A. A. Wilson rs. j. w. Bliss
/ ind fnr Infa lHip A II
Carpenter and Others rs. Town of Corinth;
petition dismissed. A. Coleman rs. Ralph
Whitney and Others; decision in favor of
defendants reversed and judgment for plant
| if. Judge Ross rendered dissenting
opinion. Western Union Telegraph Com
pauy u.s. l.. b. Harris; judgment for the
telegraph company affirmed. Henry Clifford
as. BENJAMIN Thomas Estate; judgment OF
county court affirmed Salmon Stearns u.s.
f. l.. Clifford; judgment for defendant al
| frmed. f. III. Page, administrators as. Jen-
| ME Dillon and Others; Judgment for defend
ants affirmed. Emily Cheney rs. DR.
II. S. Calderwood was settled without a
| hearing. The cases Of State rs. j. d.
| Clogston and John w. Smith were heard
but not decided. The question was on the
suiiiciency of the grand jury indictment for
| perjury in the case of Rowell rs. Fuller's
Estate, tried in Orleans county two years
ago. A, Aldrich rs, q. Fl. Weeks; judgment
! for defendant affirmed.
The following cases heard from Washing
ton county have not yet been decided: j.
| II. Eaton, administrator rs. Il. ID. Waldo,
| Catharine POsnett as Susan Marble, New
comb Huntey as. AndrewE. Denny and 9th
ers, Charles A. Reed rs. Sarah +. Newcomb.
In the case of Sarah X. Bacon rs. q. D.
Dodge the judgment of the county court
| for the defendant was reversed and case re-
manded for new trial. In the case OF W.
| ID. Hooker u.s. Montpelier * White River
| Railroad Company the Judgment for plain.
tiff was affirmed. The defendant claimed
| that the land damages should have been
the value of the land for farming purposes.
| The plaintiff claimed that he should have
| been allowed the value of his land Tor
building lots. The court decided that the
| damages for land taken by railroad com
pany should be the fair value of the land
for any purpose-its fair market value
| William Il. Curtis u.s. William Green; judg
ment for defendant reversed and judgment
for plaintiff for $40 and costs g. o. Pres
ton u.s. ID. w. Bancroft; judgment for plant
iff reversed and new trial granted. III. A.
| Hancock u.s. town of Worcester; judgment
for plaintiff affirmed Omer Miller as
Joseph Lamery; judgment for plaintiff re
versed and judgment for defendant for hi,
costs. George w, Traverse as. Montpelier
Carriage Company; judgment for the plant
if to recover the smaller sum named in The
report of the referees affirmed William b
Moses rs. n. b. Rogers; Judgment for de
PENDANT reversed and Judgment for plant
if for one cent damages. n. Il. Rogers rs
Charles ii. Heath's estate; judgment To-
plaintiff reversed and judgment for plaintiff
for Sl7. In the case OF the Barre waite
works, the court decided that the corpora
ton had no right to take water from thu
stream where II gets its supply for the pur
pose of furnishing motor or other power
1t must limit the amount of water taken u
the needs of the village for the extinguish
ment of fires and sanitary purposes. Thu
court says the legislature has not theipowe
to give right TO take water for the pur