Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-04-14
COUNTY COURT.
The Case of L. r. wilbur vs.. Cyrus Prior
Apt, Heard-A Railroad Case Next.

County Court resumed at O'Clock
on the 9th aud the petit jurors were
called and sworn. The docket was then run
over till the case Of L. f. Wilbur against
Cyrus Prior, apt, was reached and taken
up. A jury was empanelled, after which
counsel made the opening statements. IL is
an action on a note for 500, with interest
since its date, March 10, 1883. The plain
tiff claims that the note was given In settle
ment Of the liability Of Mr.. Prior as bonds
man for E. d. Butler, constable Of the town
of Underhill, In not keeping aud paying
over the avails OF property that were sold on
writs by him ns such constable. The de-
PENDANT claims that there was no considera-
ton for the nots.
There were few witnesses ex-
amined for both sidos. The evidence
was closed at 3 O'Clock and the plaintiff
moved that the court direct verdict for
Mr.. Wilbur on the undisputed evidence
Judge Taft said that lie would dispose
of the motion Thursday morning. w.
h. Burnap, L. F. Wilbur aud Judge Hasel-
ton are counsel for the plaintiff and Henry
Ballard and j. j. Monohan for defendant
A recess was then taken until a. m. Thurs
day.
AT the opening of County Court Thursday
morning arguments were heard in the case
plaintiffs motion that the court direct
verdict in his favor. Judge Taft sustained
the motion and ordered judgment for pain
tiff to recover 800, the amount Of the note
| in question, with interest from its date.
| Exceptions were taken by defendants.
The case of Dulcina s. Foy, administra-
| trix, against the Central Vermont Railroad
company was called and a jury empeneled.
| Mr. Hard made the opening statement Of
the to the jury. The husband of plain
| tiff was freight conductor on the Central
| Vermont railroad running between this city
and Rutland. In 1890 he fell from a car at
Belden's Falls, while setting the brake and
was instantly killed, two wheels passing over
him, and completely severing his head from
the body. Tho plaintiff claims that the
brake was defective and seeks to recover.
| The defendants claim that the brake was in
proper order then and has been since. En-
gineer Deming OF tho train was called by
the plaintiffs. He testified to the move
ments of the train at the time the accident
occurred. He was not looking at Foy when
be fell, but had seen him just moment be-
FORE standing with his hand on tho brake.
His attention was called after Mr.. Foy fell
by the outcry of the head brakeman, Scott.
| He then stopped tue train. the plaintiff
also introduced the testimony of two fore
men and the superintendent of the pulp
mill and two foremen and two laborors of
the mar Die mill. They were at the scene Of
tue accident during that day; examined the
brake and some of them tried it,
They all testified that when the brake
had been rarity set up it bound
but when sufficient strength was applied 1t
would move around with a jerk, also that
the brake rod was crooked and some of
them said that the brake shoes would pull
by the side of tho wheel.
Mrs. Foy, the plaintiff, and several other
witnesses were called and testified to the good
habits of the deceased.
The defendants called one witness, who
had charge of the records showing what
general repairs had been made to this car,
from which it seemed that in January,
1889, it came out of the Rutland repair
shops practically new car.
The defence here asked that the jury
might be taken to the station and shown
this same car which had been brought there
for that purpose. Pending the motion
court took a recess until Friday morning.
The case OF Ducina S. Foy against the
Central Vermont Railroad Company was
resumed in county court Friday morn
ing. The defendants introduced as wit
nesses Fireman Ranville and Brakeman
Scott of the train, who testified to the
movements Of the cars just before the acct
dent. Scott was looking at FOy as he fell
from the train. He said that after pulling
the pin between the box and the car
which afterwards ran over him, Foy went
to the north end of that car, pulled up the
brake and stood holding the brake in hi:
right hand with his left hand on his hip.
Scott did not see Foy when he began to fall
but heard the brake as 1t fell on to the car,
and looking in that direction saw Foy
falling. He also testified that Foy
seemed to fall over easily without
any struggle or any apparent at
tempt to save himself. Several Other
witnesses were called by the defence, their
testimony tending to show that MIR. Toy
had complained of being dizzy before thi
time. One of them had seen him and hears
him make these complaints the morning be
fore the accident.
The records Of the defendant were pro
, duced for the purpose of showing what re
pairs had been made on the car. 1t appear
, ed that the car was repaired in May follow
, ing and again in july but there was moth
ing to show what the nature of the repair
were
After the close Of the defe ndant's case tn
plaintiffs called one Drew, who was a lif'
insurance agent and who was present a
Belden's Falls the morning OF the acciden
and examined the brake. His testimon.
was in brief that the lower end Of the brak,
socket was bent and that the brak
shoe did not swing square against thu
= tread of the wheels. This closed the evidenc
and the defendants renewed their motion tina
the jury be permitted to examine the car
but court denied it.
q. NJ. Wilds made the opening argumen
; for the plaintiff and was followed by c. w
Writer'S for the defence. There were stron
presents of the two sides OF the case
the conclusion of Mr.. Witters's argumen
recess was taken till Saturday.
County Court resumed Saturday morning
4 at 3 O'Clock and G. A. frouty made tn
, closing argument for the defendant In tn
case OF Mrs. Foy against the Central Vernon
railroad. Tho court room was filled, th
audience including II number OF ladies. f,
Gov. Stewart folio wed for the plaintiff, mal
> ing an eloquent plea. He spoke III his usut
convincing way, occupying about an hour
> Both Of the distinguished lawyers were lis
- sned to attantiyaly by the Jury and spscts