Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1897-02-15
COUNTY COURT, CONTINUED.

pla1nG1H w. w. MILES, lOI JIG uOlChuoHc
Norton & Cook. Plaintiff called de-
fendant as first witness.
O. You may state if at any time you
talked with Mr.. Piper about buying a
horse? A. Yes. @. Did you learn wheth-
er Mr. Ufford had lien on said horse or
not? A. I did hear that he had. @. You
may state the conversation you had with
Piper as to Ufford's having lien on the
horse? He said that Ufford had loan on
the horse that he expected Ufford down
the next Wednesday, and he would see
what he could do about it. @. When had
he been there? A. Wednesday. @. The
next time you were there was when? A.
Friday. @. And did you purchase the
horse then. A. Yes. @. How much did
you pay for the horse? A. I gave my
note for six months for $50. @. Did you
have any talk with Mr.. Ufford about the
purchase of the horse? A. Yes, he said
he wanted me to pay him for the horse.
@. How long did you keep the horse be-
fore you traded him? A. About two or
three weeks. @. Who has the note you
gave now? A. Mr.. Piper. @. Where
did you find Mr.. Piper when you went up
to buy the horse. A. At his brothers. @.
Were they at the house. No, they were
in the woods. @. Where did you make
your purchase of the horse. A. I went
to the barn with A. Piper.
Direct examination. @. Knowing all
about the horse, what was he worth? A.
Not more than $10. @. On the second
occasion you were there you said you and
Piper traded. Yes. @. Did you have
any talk about writing the note? A. I
said didn't want to write it and he said
he didn't, but that he would go up and
get Bert, his brother, to write it.
Mr.. Ufford takes the stand. He resides
in Barton, his business is dealer in car
riages, harnesses and, etc. He had lien
on the horse in question and has it yet;
he had it at the time the horse was sold,
the whole loan was 1925. 1t covered some
other property which Mr.. Ufford says has
become almost worthless; it also covered
another horse which he understands was
killed. He had had information about
Mr.. Piper's trading the horse in question,
he would not state positively that it was
by letter, but he learned that Piper had a
customer for the horse, he went to see Piper
had customer for the horse, at the
same time, thinks $50 was fair price for
the horse. told him that would be the
man to hold the note, and not to pay the
note to any one else.
Burton Piper testified as to having sold
the horse on the note. Alton Piper tes-
titled corroborating the statements of his
brother Isaiah.
From the testimony it appears that at
one time the horse was swapped for an old
wagon almost worthless, which has been
put in the barn of Burton Piper with some
harnesses, belonging to Ufford, and Piper
claims that Ufford owns the wagon, which
the horse was swapped for. F. p. Ufford
and Chas. Ufford claim the wagon not
worth more than two or three dollars at
most and worthless to repair. They lay
no claim to said wagon, and know nothing
of the trade for it.
Verdict, that the plaintiff recover $56 and
costs.
The last civil jury case for trial this term
commenced Wednesday afternoon.
This is a case of damages by the Pelkey
Estate VS.. G. p. r. r. The counsel for the
plaintiff are Cook & Redmond, and for the
defendant, Bates, Miles & Crane.
The circumstances of the case are as fol-
lows: On the I'd day of July, 1894, an en-
CINE while near the termination of what is
called Coventry street ran over the child of
Mr.. Pelkey, now deceased. The child was
only 16 months old. The plaintiffs seek
to recover 5000 damages, claiming that
those on the engine were careless, while
the defendants claim they were not care
less or forgetful, and that there is no
crossing there, and that it is against the
statute for children to be allowed on the
road.
The first witness was Hon. III. D. Cham
berlain, who testified as to having survey
ed the premises where the accident occur
ed, and who submitted a map to the Jury
of the same.
The second witness was Mr.. Woodbury.,
who was at the time of this accident a
yard brakeman on the G. P. r. r. who
worked with gang of men shifting and
making up the trains, their business some
times carried them down into the B. & M. i
yards. Mr.. Sheapheatd was the yard mas
ter, and was the conductor of the engine.
Mr.. Barney was engineer; he had worked
there ever since Woodbury. had come; they
used the shifter engine; this was light |
engine. On July I'd, 1894 they went down |
into the B. & M. yards twice, on the Sc
cond time that they were there the child
was killed. This last trip was made with |
another engine, a Mogul with six drivers
When they went down to get the car he
says they went down nose first and back
ed out. He testifies that people were ac-
customed to cross the track here, and that I
on several occasions when they had been
down there he had noticed children at
play on the tracks. On July I'd Woodbury.
rode down on the engine to where they