Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1897-06-24
Windsor County Court.

The following cases were heard and dis.
posed OF last week and this:
Charles V. Paddock VS.. Boston & Maine
X. r. Co. As was stated last week, this
was an action of assumpsit to recover the
value of two young horses, injured by
being struck by an engine on defendants
track. One of these horses was so badly
injured that it died very soon, and the
other had to be shot to put it out of its
misery. The place where the horses were
| injured was where the defendants rail-
| road ran through the lands of one John
| @. Henry and Arthur Lamberton, who
| live in the town of Claremont, N II. Pad
dock also lives there. The horses were in
| jured on October 4, 1896, and were found
by Arthur Lamberton. lie sent word to
MIR. Henry and Mr.. Paddock and they be-
| gan to look TO find where it was likely
| he horses had got out of the Henry pas
| ture, where they we're on the night before
they were hurt. 1t was decided that they
must have got out oVera defective railroad
fence between the railroad property and
the land of Henry. The evidence of the
plaintiff tended to show that there was a
place in that fence where the top rail was
off, making it very low fence. The de-
PENDANT introduced evidence which tended
TO show that this fence was not out of re-
pair. 1t was claimed by the defence that
the horses had escaped from the pasture
of their owner through a barway which
was accidentally left down and had gotten
onto Henry's land as trespassers ana that
hence the railroad was not liable because
it was not Obliged to fence against ami
mails that were trespassing. The plain.
tiff's evidence tended to show the animals
RIG htfully in llenry's pasture under an ar
rangement by which they were to be kept
there. The jury found in favor OF the
plaintiff in the sum of t176.b7 damages
a
Southgate appeared for the plaintiff and
Judge Colby OF Claremont for the b. & NJ.
Mrs. l.. +. w. Billings VS.. Metropolitan
Life Insurance Co. This was an action on
policy OF life insurance for q 600 on the
life OF plaintiffs husband, who died in
July 1885. The reason assigned by the
defendant for refusing to pay the policy
was that there had been false warranties
made by the deceased in his application
for insurance. There had been only two
premiums paid OH the policy when the in
sured died OF consumption One of the
questions he bad to answer was IL he had
bronchitis. To this he replied in the neg.
alive. The defendant claimed that in the
year 1885 deceased had had bronchitis and
DR.. Fox of Rutland was called to sub.
stantiate the claim, He did testify that
the deceased at that time had what was
called "acuteo bronchitis as an incident
of the measles. The evidence on plain
tiff's part tended to show that such
cough always attended the measles. The
plaintiff also introduced evidence tending
to show that after the attack OF measles in
1885 the deceased enjoyed good health up
to short time before his death, which
was the result OF rapid consumption and
not from any lingering sickness. w. w.
Stickney and 7. W. Moloney appeared for
the plaintiff. II. Il. Huse and Jonn De.
DaygfGr DaltV nf Alhunu 10 10
defendant. A verdict for plaintiff was re-
turned Saturday afternoon for the full
amount OF the policy with interest and
costs.