Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-12-28
Windsor County Court.

Court took a RECESS on Saturday oyel
Christmas and reassem bled on Tuesday
morning with the case OF Jessie, Z. Lynds
vs. the town OF Plymouth still on trial
The case is one to recover damages for in
iuries sustained through an alleged in
sufiiciency and want OF repair Of a certain
bridge In the defendant town. The facts
were about in this way: On the Sth OF
August, '9s, plaintiff left her fathers
house on a hill road in Plymouth to 90 TO
Plymouth Notch. She started In a wagon
belonging to her brother and drove a
horse also bis. She bad TO go through
some woods and down, quite decline.
She had with her a sister in law, but the
plaintiff Jessie was driving and the horse
was one she had been accustomed TO drive.
10 June, 1898, Milton G. Moore and his
son, Bert, had occasion 10 draw logs over
this road on which was a small bridge.
MIR. MOOr8's load broke down the bridge
and he filled up the hole made by throw.
ing in the broken pieces OF the bridge.
There was not enough to fill the place
flush with The road and IL left a depres-
sion OF about a foot below the level OF the
Travelled part OF the highway. The bridge
remainCd in this condition until the time
the plaintiff was travelling as stated. As
she neared the place the horse saw it and .
was frightened and tried to jump the de- .
preston. The result was that she and her .
brothers wife were thrown out into the
ditch The horse ran down the road and
soon cleared himself from the wagon,
which was badly smashed. Jessie was
stunned by the fall, but In few minutes
recovered and followed on after the horse.
She soon met lad leading he horse back,
Gnhurt. Her sister IN the meantime had
gone back TO the house to summon help
and soon their father and his two Sons
came to their assistance. The result as
claimed by the plaintiff, and as her medi-
cal evidence tended to show, was that her
right knee was badly Injured and from
that time to this she has been unable to
walk except with crutches. She also sus-
'tuined minor injuries to her head and
right shoulders.
The plaintiffs evidence tended to show
that the condition OF the bridge after it
was broken down In June was at once
called to he attention OF the selectmen OF
the town and about month after the ac-
cident the bridge was replaced by new
structure.
On the part OF the defence it was
claimed and evidence was introduced
tending to show that on the day Of the
accident the plaintiffs horse ran Naway
somewhere on the hill the plaintiff was
descending, and before she reached the
bridge i'm question. About the time of the
accident lond outcries were heard anu a
noise as OF a team running away at a place
on the road before the bridge or eulvert
was reached. She horse went out OF the o
road and the wagon was in the ditch for o
o cons siderable distance so that the near D
wheels we're more than two feet higher n
than the of wheels. Testimony was Civ a
sn OF statements made by the two young
women right after the accident that 1t
was caused by the horse running away
and the harness breaking. In short IL Ia
was urged hat the accident did not occur
on this bridge at all IL was also claifaed T.,
that the plaintiff was not injured to the IL
extent she claimed to be hurt, and some Of
the medical experts OF the defendant, 81
from examination OF the plaintiff, could
see no cause for her lameness other than In
tong-cOntinued disuse OF the lower part
of the llg and foot. That the only r.
trouble was contraction OF the mus "
Giles OF the thigh caused by con- u
tinued holding OF the foot from the "
ground, with the knee somewhat bent.
There is considerable state business to da
tr act. The next civil case was that OF
Benedict VS.. the Agricultural society Of m
now on trial. At its conclu-
sion the state trials will begin, The .
states attorney expects to try the follow az
ing cases;--
State vs.. Bugbee, murder; State VS.. BE-
Charles II. Davis, forgery; State VS.. VIII
liam T.. CushmRn ana Guy A. Cushman, r,
perjury; State We. Lyman n. Lunbury, in.
,e-ti State vs.. Isaac Blanchard, adultery; 4,
state vs., FRED Austin, adultery; several
other kindred cases and some smaller fry. -
The states attorney has had a number u
II the respondents brought from the
states prison to plead so as to have no de to
ay when the cases come up. The jail is
not yet completed and respondents have a
% be kept at Windsor. No one seems to
know how each prisoner will be kept dur
ing trial. They cannot be given into the n'
charge OF the probation officer, who has
his hands full just now. The last charge Pt
given to him was that OF George II. Davis,
who pleaded guilty to an indictment for m
APE on his little sister
IL is expected that the state cases will ~.
AXE up the time OF the court until Janu- ~
Try 10th, when an adjournment will have
20 be taken while the session OF the su- hC
preme court Is held at Montpelier After
hat the balance Of the business will be II
lisp 1sed OF, so that final adjournment can
hardly be reached before the first OF next "
March