Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1898-04-06

stantly killed and the other living but q
few minutes.
The plaintiff claimed that the defendan,
road was guilty Of negligence in the follow
ing particulars, as set forth in the decara
lion of the writ: In not providing and
maintaining . suitabl, and safe railroad
crossing at the place of the accident in
not so running its cars and trains as to
,void the passing of same at or near grade
rrossug' in not runniog its trains at sam,
rossing at a moderate end reasonable rat
Of speed; in so operating its trains as t.
obscure the approach OF a train on the OPP
posite track at SAID crossing in not ring
ing the bell or blowing the whistle al IT,.
distance of so rods from the crossing in
question as required by law, The evidence
produced by plaintiff tended to show tina,
the crossing in question was a very dan.
gerous one, in short death trap, on ac-
count of the obstruction of the view OF the
track by growing bushes and trees; that
since the accident occurred this brush and
trees had been cut away by the company,
and both the grade crossings abandoned,
the construction of a new piece OF highway
which the COMPANY assisted in building
obvating the further necessity tor using
the same that the bell of the engine of the
passer ger train which killed the men was
not rung or the whistle blown at poiut
80 rods away from the station as required
by law that at the time of the accident
there were other parties approaching the
crossing from the other side, these parties
hearing no warning of the approach OF the
passenger train until the same was directly
upon them; that one of these parties had
commenced to cross the tracks and only
escaped destruction by vigorously pulling
back their team that the four young men
although out for good time were in tul
possession of their faculties and exercised
ordinary care in driving onto the tracks
as they did. Testimony was also pro-
duced showing that the father of the young
man Rogue, in whose interests this suit was
brought as next of kin, is in INDECENT cir
cumstsnces and had been aided by his son
Edward to the extent of 800 per year al
SO that Edward Rogue was young man ct
sober and industrious habits.
The defendant denied negligence on its
part in any of the forms claimed by the
plaintiff and introduced testimony tending
to show that the crossing in question was
as safe as>grade crossings in general; that
the road bed near the crossing was elevated
some II feet above the land through which
it passed, thus giving prominence to all
approaching trains; that the brush and
trees claimed by plaintiff to have obstructed
the view of the track from the crossing did
not so obstruct; that the passenger train
was run by reliable men Of long experience
in railroading and that the bell was rung
and the whistle blown ct the usual places
on approaching the crossing; that the party
| of young men who were killed were on a
drunken spree, having stopped at all thu
hotels and road houses on their route and
having bottle with them which was openly
displayed :; that the attention of resident,
along the route was attracted by the bois-
ferrous manner OF the party; that an empty
bottle smelling Of liquor was found beside
the bodies at the crossing and that tht
clothing Of the men gave out fumes o
liquor while the BODIES were beiog moved
that the party of four were joined by
two other young men at some point, tn,
two jumping out of the carriage befor'
reaching the crossing ; that one of the tws
who had been a railroad man heard sig
bdl given NY lLC u pilt anu lcll
companions in the carriage to go Easy a
there was danger coming from the east
that this caution as well as others was no
needed and the party drove onto the cross
ing as soon as the passing freight trai
would admit without waiting to see wha
was on the opposite track.
Nearly so witnesses appeared in the case
the taking of testimony lasting two an
one-half DAYS. The testimony on bot
: siies was of substantial character. Fac
side had an elaborate map of the scene c
the accident and the surroundings. Yer
able arguments were made by Hit and
l. Martin for the plaintiff and X Haskin
a and j. X. Batchelder for the defendant
The case went TO the jury about l o'cloc
Friday and at 2 o'clock in the afternoon
verdict was returned for plaintiff to recove
: damages in the sum of S2250 Frequen
exceptions were taken during the trial an
this decision will undoubtedly not be final
j. H Livingston who has been in jai
{ several months for the larceny of none
and other goods at Brattleboro from IL
= American WriDger Co., was brought lat
court Thursday and sentenced to thre
months of hard labor in the house Of cor
: rection.
r Myron f. Lyman Of West Dover wa
arrested last Wednesday by Deputy Sheriff
Eager on an information filed by State
Attorney Robb charging him with unlaw
fully killing deer on February %, last
was brought into court Thursday, plead
not guilty and was admitted TO bail in $20(
for appearance at the next term of court
The complaint was made by the Vernon
Fish and Game commissioners.
On Friday afternoon some matters of un
] finished court business were attended t.
and the court finally adjourned.