Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-03-12
WINDHAM COUNTY COURT.

The March term was convened at Newfane on
Tuesday. the 9th inst Present Hon L. II.
Thompson presiding Judge, Hon. l. 5. Walker
and Hon Frank Worden. assistant Judges.
ON the opening of the court prayer vas offered
by Rev. Mr. Norton. The petit jurors were called,
sworn in and an excellent charge relating TO their
duty was delivered them by the presiding judge.
On the calling of the jury calendar about 30 cases
were noted for trial, but before "wednesday night
several Of these had been continued, settled set
to the court for trial or referred. and II is quite
probable that more viii follow IN the same way.
OF the nine originally assigned for the first
day but three stand for trial and one of those has
been set at the heel Of the jury list OF the two
left. Lazele. administrator, vs.. Newfane is one,
and Elizabeth VI Guild executrtx OF Martha Bar
ker's VIII Robert II. Folger is the other.
Leslie 5. Ldzele, administrator, rs. Io'rn ~
Netrfdne This is an action on the case to recover
damages for the benefit Of Stilman II Lazelle.
only surviving heir and next OF kin OF Emily =.
LAzelle. who was killed by being thrown from
bridge in Newfaue which plaintiff alleges was in
sufficient and out Of repair. II was conceded that
the bridge where the accident happened was
within the town Of Newfane. and was one which
said town was bound by law to keep in repair.
The evidence OF the plaintn tended to show
that Stilman II. Lazelle was the son aud only
child OF Emily s. Lazelle Of Dover. That they
lived in the same house, the said Emily occupy
ing one part OF the house living by herself and
that Stiman H. and his family occupied the other
part That Sept. %, 1895, the said Stilman II,
with his horse and buggy. carried his mother TO
r. =
miles from Eas; Dover, and left her there. while
he returned part way back towards home aud got
bis horse shod. He then drove down and got his
mother and started on their journey home. They
were seen by some OF the inhabitants on the roac
and were afterwards found on the rocks and in
the water below the bridge in question. where the
horse hadApparently run back after getting partly
across said bridge and over log railing into the
stream. When found Mrs. Lazee was dead and
said Stilman H. was in an UNCONSCIOUS condition
and so remained for one or two days thereafter.
That the log railing was Of hemlock, some seven
or eight inches in diameter, and somewhat de
eayed. That one or two large rocks had been
taken from the bed Of the read near the west end
of the bridge and dumped near the margin OF the
highway, and that these had tendency To fright
en- horses. No one saw the accident and Stilman
II. testified that he had no recollection about It,
or of anything else that happened that day. That
said Stilman II. is 81 years old. and his mother
would have been 70 the week following her death
had she lived That some % years ago she fell
and broke her hip, since which time she had been
more or less lame and used a cane in walking.
That otherwise she was in very good health for a
woman of her age. That during the year or two
prior to her death she did some sewing and mend.
ing for Stiman's family and on one or two occa-
sions when Stllman's wife was absent set the
! table prepare meals and washed the dishes for
| him. That the father of Stilman deceased in
1886. since which time Ihere had been no division
| of the property between him and his mother, but
! Stilman had carried on the farm, taking the
| profits TO himself, except such as his mother re-
quired 10 live on, ali of which was done by an I'M
! Outstanding between them.
The evidence of the defendant tended to show
| that the railing to the bridge was hemlock log
about nine and one-half inches in diameter, that
| bridge had been in substantially the same cond
| Gion as then for some 40 years or more. That IN
| all other respects II was in good repair and sufh
cient. That the rocks testified to were taken out
| of the roadbed August 9, 1895, by the road com
| missioner, drawn out of the road and the larger
one into a pasture some l6 feet from and
| below the highway bed and covered with brush
| That neither had any tendency 30 Fighter
| horses, and that the horse Stilman was ther
driving had passed them several times before
That the horse was six years old and was shoe
! for the first time the day of the accident Tha
the said Emily LaZelle had homestead anC
dover interest in the half of the farm owned by
her deceased husband and some 800 IN money al
| interest That Stilm an II. was worth at the tim,
| of the accident about $500, and was in no way de
| pendent on his mother or his mother upon him
The case was taken by the jury at O'Clock las
night just before noon today they came il
| with a verdict in favor of the defendant town.
Fits and Read for the plaintiff. Haskins, Wa
| terman. Martin & Hit for the defendant.