Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1898-01-21
SUPREME COURT CASES
pelier Last Week-.-Lazelle VS.. Town OF
Newfane Given TO Judge Tyler.

Which Came Up for Hearing at Mont
pelier Last Week-.-LaZellev VS.. Town OF
Newfane Given TO Judge Tyler.
George A. Boyden, administrator of o.
liver Dandelin, VS.. Fitchburg Railroad com
pany was heard at the May term of SUI
preme court. The following decision was
rendered. Judgment of county court dis
missing 9TH and 9th pleas reversed and
those pleas adjIdged bad on demurrer. In
all other respects judgment of county
curt affirmed and cause remanded.
George Hidden VS.. George ". Hooker
was tried at the September term of Wind
ham county court and the verdict was for
the defendant. To this judgment the
plaintiff excepted. The parties were both
partners in the firm of Hooker, Hidden u
Co., engaged in the business of manufaC-
turing overalls at Brattleboro. In Februa-
ry, 1885, the plaintiff, Hidden, sold his in
terest in the business TO the defendant
Hooker for $1,000 The firm had done a
banking business with the Vermont Ma
tional bank and had borrowed large sums
OF money from the bank, The plaintiff
says that about the time the sale was made
Hooker said they owed the bank the sum
of $4,000; that acting on this he sold out
to Hooker, who was TO pay the debts. 1t
appeared that at the time of the sale the
debt to the bank was only 5000. Hidden
claims that he was deceived by Hooker's
| statement and sold for $500 less than he
would have done had he known how the
matter stood. He brings action of fraud
/ against Hooker. The questions raised in
supreme court were upon the admission of
/ certain testimony. {. c. Fits for plain
| tiff, Waterman, Martin ~ Hit for defend
ant. Given to Judge TAFT.
State VS. Seaman l.. Wetherell, was a
Grafton case. The respondent was in
dicted for rape upon Mabel Walker, a girl
under the age of II years. He was tried at
the September term of Windham county
court and found guilty. The point raised
by the respondent is on the admission OF
certain evidence Charles II. RObb pre-
sented the case for the state and j. l..
| Martin and +. l.. Waterman appeared for
the respondent, and the case was given tC
Judge Rowell.
The case of Leslie S Lazelle, admins
traitor, VS.. the town of NeWfane was taker
up Friday morning 1t was heard at the
September term of Windham county court
and a verdict rendered for the defendant
to which the plaintiff excepted. The cast
was brought by the plaintiff as admins
!
late of Dover, Vt, and for the benefit Of
Stillman II. Lazelle, for damages suffered
on account of the death of his mother
caused by an accident. 1t is alleged thai
the accident arose from the negligence Of
the town of Newfane in not having a suf
ticient railing on the bridge. The ques
tions raised are principally upon the charge
of the court relating to contributory negh
ppDpp nd tho dana in al Or
by the son, Stillman, by the death of hi!
mother The case was argued for tn,
plaintiff by G.. c. Fits and L. NJ. ReaC
and for the defendant by Hon. j. l.. Mar
tin and +. l.. Waterman and was given t,
Judge Tyler
Jennie Howard vs.. " c. Bartlett, wa
tried at the September term of Windhan
county court and the plaintiff recovered
one cent damages in an action of repleylI
for three head of cattle. The parties ar,
farmers in Guiford and the trouble aros,
over the plaintiffs cattle which got on
and damaged the garden and crops of tn,
defendant The defendant excepted t
the charge of the court. Waterman, Mar
tin and Hit, argued for the plaintiff ant
c. c. Fits for defendant. The case wa.
given to Judge Thompson.
Town of Dover VS.. Hooker H Win
chester and Charles L. Haynes, is al
action of the town to recover damage
paid by it TO owners of sheep claimed Il
have been killed by the dogs of the de
PENDANTS. At the September term of Wind
ham county court a verdict was rendered
for the defendants The plaintiff ex
cepted to the admission of certain test
mony. c. G. Fits for plaintiff Water
man, Martin and Hit for defendant Tn,
case was given to Judge Taft
The Ward divorce case is reported il
the Putney column. The case of c.. II
Davenport ct al vs.. the Deerfield VALLEY
company for trespass in cutting lumber oil
a large tract of land in Searsburg, wa.
given to Judge Rowel.