The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-09-25
Washington County Court.

PHIL p. MARION v. GEORGE LALrME.-
This case was reported last week. The
jury returned a verdict on Wednesday
morning that defendant was not guilty OF
the trespass charged, and that he recover
his costs.
II. p. AeosTINEs & Co. v. LITTLEJoHs &
MILNE.-This was an action in general as.
sumpsit in which plaintiff claimed to re.
cover Tor the expense OF q trip to Minneap-
oils and return, which the said II. p. ARos.
tines made for the purpose Of making some
changes in the expression of the face OF a
statue; also for thirty. six days work on the
aforesaid statue at 81 per day, and for
forty-two days board at so per day, and a
general balance of account OF S41.3 g. The
defendants are granite manufacturers in
Barre, and had contracted to build a monu-
ment upon which two statues were required,
which they sub-let to plaintiffs, who are
Italian statue.cutters One Of the statues
proving unacceptable to the Minneapolis
parties, the change was made necessary.
The question turned largely upon the cues.
ton OF acceptance. The jury returned a
verdict, on Thursday, for plaintiff of 1887 10
damages and costs. j. w. Gordon for plain.
tiff; E. W. Bisbee for defendant.
GEoRG K. MILLS v. GEORGE e. BOND.
APT.-Plaintiff, on February 1, 1894, pur.
chased OF defendant a horse, sleigh, har-
ness and robe, for which he paid $187 80.
Shortly after the purchase was made, he
discovered that the horse was foundered.
l. Cldlbubu bndU III IIdub CAlle0 1OT "a
sound horse, and sued to recover the diff
ference between the value of the horse as
1t was and the one he thought he pur-
chased-a difference of $50 or S1C0. The
horse was kept for a time after the sale in
the livery stable of Clinton G.. DOWNING in
Montpelier, who testified that he noticed
that the horse in question was foundered,
a day or two after the sale. On the other
hand, the defendant produced a large num-
Der OF witnesses to prove that the horse
was all right when he let it go. His theory
was that the horse was injured after It
came into plaintiffs possession. The Jury
returned a verdict, on Friday afternoon,
that defendant recover his costs. This case
was a record breaker, in that, during the
trial, there was no exception or protest to
any OF the evidence produced, nor were any
exceptions taken to the charge of the court.
q. W. Wing for plaintiff; r. A. Hoar and
W. A. Lord for defendant.
FERGUS CLoRAN V. BARRE RAILROAD Co.
This was an action on the case in which
plaintiff sued to recover damages for injuries
received in a railroad accident on Milestone
Hill in Barre, November 30, 1893. The trial
commenced Friday afternoon. 1t appeared
that the accident occurred in the evening,
while the defendant road was taking a party
OF excursionists from the Barre quarries to
attend the Barre theatre. An open switch
caused the train to run into a couple OF
freight cars loaded with granite, which were
standing on a sidetrack. The place was
about three miles from the city of Barre.
The plaintiff suffered the loss of four of his
upper front teeth and an injury to his back,
but is 10 apparent good health now. He
had by reason of the accident a doctors bill
of $3.50. The ad.damnum in thewrit was
81 1000. Plaintiff claimed that the collision
occurred from the negligence o%fldefendant
that 1t should have had two brakemen on
the train instead Of one only that the train
! was without a bell rope that the draw.bar
OF the DaSSeDQer car wa9 moor That the an.
CINE was in the rear, instead Of in the front,
OF the train that the road was in fault
about the open switch. Defendant intro
duced evidence tending to show that the
misplacing of the switch was caused by the
malicious act of some one, and denied any
negligence on its part. The case was sub
mitted to the jury Monday afternoon. On
Tuesday morning they returned a verdict
that plaintiff recover S120 damages and
costs. j.. w. Gordon for plaintiff s. G.
Shurtleff for defendant.
THE case Benjamin f. Coburn v. Arthur
G. Pell is reported to have been settled.
EDWIN K. JONES, APT, V. ESTATE OF j.
W. ELLIs.-This case is an appeal from the
disallowance of the commissioners OF the de-
PENDANT estate. Plaintiff, who resides in
Mortified, seeks to recover So, 900 which he
paid for fifty shares OF the stock Of the Sioux
City Valley Land Company, now worthless,
which he purchased Of the deceased acting
as agent for the company, and who, as he
claims, made on March %, 1890, certain
fraudulent representations which led to his
purchase Of the stock in question. 1t APP
pears that the company was incorporated
under the Maine law. The trial was com.
menced at three o'clock Monday afternoon,
and will probably take one or two days
longer. The time thus far has been mainly
occupied in the reading of the dispositions
taken in behalf of the plaintiff. j. P. Lam
son and s. G. Shurtleff for the plaintiff ;
Dillingham;, Huse & Rowland for defen-
dant.
OWING to the funeral of the late James r.
Langdon, the Tuesday afternoon session Of
the court, and also of the grand jury, did
not until half past three O'Clock.