Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1894-02-19
CONFINED FROM 1ST PAGE.


dict for the plaintiff and also asked
the jury. to weigh the evidence care
fully and render special verdict as
to whether the town of Greensboro
did render aid, as claimed, to the Sill
yer family.
Jury after a short consultation rem
dered verdict for the plaintiff, Crafts
bury, to recover the sum of $317.09.
Special verdict that the town of
Greensboro did not render the aid
as claimed.
In this case, James Gallagher, LIST
selectman, and R. M. Lyon represent
ed the town of Craftsbury, and FL. S.
Tolman, agent, and A. S. Clary, over
seer of the poor, the town of Greens
bOrO.
Walker vs. Fisher was the next case
called. Parties to this suit are Robt.
M. Walker and Gustavus P. Fisher,
both of Glover, counsel: E. A. Cook
and w. w. Miles for plf.; f. W. Bald
win and Dickerman & Young for
deft.; jury: r. M. Bowley, John E.
Allen, Warren @. Farman, VIM. r.
Eastman, E. P. Richardson, P. A.
Grow, Damon j. Ware, Stephen Bur
rows, @. Whitcher, Wilbur Souther,
VIM. N. Hopkinson, Thomas Hughes.
This was case of trespass or free
hold with assault. It appears that the
road near the plaintiffs farm drifts
badly, and that last winter a road had
been opened across the plaintiffs land
as the defendant claims by plaintiffs
consent, the road passing between the
house and barn of the plaintiff. On
Sunday morning the 9th of April, 1893
the defendant Fisher was driving over
the road and just turning in between
this house and barn to cross the land
Of plaintiff, where travel had been
allowed for sometime, when plaintiff
attempted to stop him saying the
ground was bare and he must not then
drive across the field. The defendant
then, as plaintiff AYERS, struck the off
horse of the span he was driving and
with an oath told plaintiff to get out
Of the way Or he would ruu over and
kill him. The off horse thus struck
sprang violently forward, throwing
the other horse round and nearly on
to the plaintiff. In order to save him
self from being thrown under the
horses, the plaintiff caught on to the
pole of the sleigh and was thus drag
ged the distance of sixty-six rods,
when the defendant stopped his team
and told him, plaintiff, to get out of
the way. The plaintiff claims to have
been seriously injured and brings this
suit to recover.
DR.. r. B. Skinner was first witness
called. He testified to being called to
attend professionally upon the plain
tiff April 10, 1898; found him lying
upon a lounge, was quite feverish and
complained of severe pain in stomach
and upper part of bowels; there was
considerable redness Of skin over the
stomach and abrasion Of skin upon
one leg; his nervous system was
somewhat dis 5urbed. He visited him
again on 18th of April and the 18th
and saw him also May 1st and some
time in June, the two last times at
his Office. His condition was some
what improved, but still complained
of soreness in stomach. Amount of
his bill for services was $3.50.
On cross examination by Young the
witness did not remember any heart
trouble about the plaintiff; had known
Iii fo,
al thing he has been unusually
healthy; thought the trouble then
arose from recent injury. Witness
was then shown paper from which
he was requested to refresh his mem
Dry. This paper proved to be the
original certificate given to plaintiff
April 80, 1890. Certificate from the
pension board of examiners Of which
the witness was then member, and
signed by him. In this certificate one
Of the causes of disability given was
heart trouble which was definitely
described. The witness admitted the
certificate was made at time of such
examination, was signed by him in
his official capacity and was true.
DR.. A. NJ. Ruggles said he was call
ed to see plaintiff about the last of
May 1898 and visited him two or three
times: he came to his Office several
times. He described the case very
much as did DIR. Skinner in his chief
examination. The principal complaint
of the plaintiff had been soreness
about stomach and bowels and through |
the back. This had gradually grown |
less but had not wholly disappeared |
until within short time; thought the
trouble arose from some injury re- |