Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1898-03-19

that the overseer did not know that plain
tiff was making his visits at the expense OF
the town except on a few occasions, and
that the overseer at one time sent plaintiff
written notice that his services in the
case were no longer required, although a
few weeks subsequently he did employ him
when Knight needed attendance that the
total claim of plaintiff against the town for
all services authorized by the overseer
should not exceed $l5. Verdict for plain
tiff to recover damages in sum OF $103.04
Waterman, Martin & Hit for plaintiff.
Haskins & Schwenk for defendant.
Grace L. Dix VS.. Albert Potter and
Frank N. Mason.
This was an action to recover damages
in the sum of $4,000 for the death of Clar-
ence Dix, the plaintiff being his widow,
under the statute making the selling of in
toxcating liquor and the owner of the
building in which the same is sold jointly
liable for civil damage to person depend
ent upon person meeting his death as a
result of such sale.
The evidence on the part OF plaintiff
tended to show as follows: On the after
noon of July 26, 1897, Clarence Dix, Clar-
ence Plumb and Edgar Busby procured a
boat near Nottingham village, on Sadaw-
ga lake and rowed across the lake to a
farm house owned by Frank N. Mason, and
under lease for one year from April 1897
to Albert Potter. Arriving at the Mason
house they procured Potter, who had been
dealing in liquor and cider to some extent
for several months, to 60 after some cider
tor them. Potter returned about o'clock
in the afternoon with a two gallon Jug full
OF cider, received his pay for the same,
went into the house and got pail, also
some sugar and eggs, and mixed up some
egg-nog which was drank by the party, then
numbering five persons, near the barnyard
on the premises The balance of the cider
was then mixed up, portion of it drank
in the yard and the party then repaired to
a room in the house known as the barber
shop, which was occupied by Potter
under his lease. Here the bal
ance OF the mixture was consumed and the
three boys, Plumb, DIX and Busby, wis
were all to some extent intoxicated, found
their way to their boat. Starting on theil
return trip Plumb, who was the soberest o.
the three, soon jumped out OF the boat anc
waded to the shore, becoming alarmed les
the boat should tip over. The other boys
continued on their course but in changing
places soon afterwards tie boat was cap
sized. Busby chung to the boat and aitel
time was rescued. Dix started to swim
TO shore, which he was unable to reach, ane
was drowned.
Mason was not connected with Potter
operations in any way In the selling of liq
uor and cider, but did know what was BIZ
ing done on the premises, being present OF
different occasions when liquor was sole
there and occasionally drinking with Gus
toners. Potter's defendants al e now with
out the state.
The evidence On the part Of the defend.
ant tended to show that the place was
leased as any farm property would b.
leased with the expectation that it Won ,
be coupled for legitimate purposes; ,ha
Mason was away IF, m the farm premise.
most of the time and he also remarked
different persons that he didn't care wha
Potter did if he he didn't get caught, an,
that he had no personal knowledge of th,
business that was being carried on there
that on complaint beng made to him o.
the matter he demonstrated with Potter
who claimed that he had a right to KEEP
liquor for his own use and to furnish to his
helps that having leased the premises for a
year to Potter he did not know how he
could sooner have the lease vacated; tina,
on the Oath OF July, two days before the
drowning, becoming dissatisfied with Pot
ter's management OF the farm, he bought
him of and they agreed to have the lease
terminated, although he gave Potter few
days in which to get away that he made
| nc to ut bto ~
cattle the 25th day Of July and then went
to Ma, sachusetts, where he was when the
accident occurred That he had been in fee
BILE health and unable to return to Vermont
since that none OF the cider furnished by
Potter was drank within the building.
The court instructed the jury that if they
| found that the accident was the result OF
the intoxication of the parties and
! if Potter unlawfully furnished the
liquor which produced the intoxication
Potter should be held liable; il Mason
knew that his buildings were being used
for the unlawful sale OF liquor and it his
l,ase to Potter had not been terminated
previous to the occasion of the drowning
then Mason should also be held liable.
The jury after being out short time re-
turned a verdict against Potter and Mason
Jointly for $4,000. Charlie, S. Chase and
j. H. Batchelder for plaintiff; o. E. But
ter field and Waterman, Martin & Hit tor
defendant.
Hiram T. Oatman OF Pittsfeld, Mass,
court stenographer for Berkshire county,
is taking Stenographer Chase's place while
the latter is attending to bis court business.
For Sound Money.
To the EDIToR:-
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