Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1899-09-08
CLARK CASE SETTLED.
Plaintiff Will Get Payment of
$5S75

On the Accident Policy of $40, 900
Held by Her Husband, u. A. Clark,
i'm an Accident Insurance Company of
Week.
The September term Of windha m county
court was convened Wednesday Of this week at 2
O'Clock p. n Present, Hon. Loveland Munson,
presiding Judge; Hon. Frank worden, Hon. Dan
iel Kellogg, assstan judges. After prayer, proc
lamation for the opening OF the court and the at
tendance Of jurors was made by Sheriff Gordon.
The grand jury were sworn and Judge Munscn
then addressed them with reference 10 tn cir du-
ties in very clear and able manner, after which
J. Q. Shumway Of Jamaica was appointed their
foreman and they retired to their room for bust
ness.
The docket was called and some 10 or ie cases
we're noted as for trial by jury and several others
by the court The regular petit Jurors for the
term were summoned TO attend next Monday, but
the STRUCK jurors of "a from which a panel of
IL were to be selected to try the case OF Clark
ahce.
This case. Helen B. Clark u.s. The london Ac-
ctdent Insurance Company OF London. England,
had already been assigned for the frst day.
About O'Clock jury had been selected satisfac-
tory TO both parties, but inasmuch as the attor-
neys OF the parties had had some negotiations
looking toward a settlement of the case the court
ordered recess until o'clock Thursday morning
to allow for still further efforts for sett ement
On the going in of the court Thursday morning,
and after the jury had been called in their seats.
terms Of settlement we're agreed, aud thus ended
what promised to be a sharp legal contest for the
next four or five days.
Barna A. CLARK, husband Of the plaintiff. Helen
B. Clark, in May, 1895, took out and paid for an
accident insurance policy In the defendant COM
pany to run one year, which provided for the pay
ment Of certain weekly indemnity in case Of
disability incurred by reason of accident, and
$4,000 to his widow, the plaintiff, in of death
resulting from accident with visible evidence OF
its incurrence.
H. was insured in what was called a preferred
class" being at the time lumber merchant
Sept: 30, 1895, in returning from his farm on Ames
Hill in Marlboro with his horse hitched into a
heavy express wagon loaded with several articles
he was taking TO his house on Walnut street in
ptatueooIo Nllage, ne was run over ana MS BODY
found in the highway dead. Marks upon the body
and tracks in the road indicated that be stopped
at watering tub, situated on the outer margin
Of the highway said hill, sh at distance east
erly of his Marlboro farm to water his horse and
drink there from cup which usually hung near
said tub that the horse started down the hill and
that IN endeavortng to stop the horse he slipped
in the highway and fell so that both Of the off
wheels passed over him,-one across his neck
and the other the upper portion OF his chest. The
mpany refused to pay the death claim, insist
ing that instead of being killed by the wagon run,
ming over hum as the marks all indicated. he died
OF apopexy, fell in front Of the wheels and was
run over.
The case was tried at the September term. 1896,
the jury rendering a verdict for the plaintiff to
recover the $1,000 and interest from January,
1926. The case was taken to the supreme court
on exceptions to the charge of the court. by the
defendant, which court reversed the Judgment of
the county court and remanded Il for another
trial The plaintiffs counsel felt well assured
that they could win another verdict for the full
amount claimed, but there way in which
they could prevent the defendant taking the case
to the supreme court again, which might remand
il for third trial, as the case involved more or
less knotty and troublesome legal questions and
the defendant now Offering to pay S5S75, being
within few dollars Of the per cent pai1 by two
other accident insurance companies in which Mr..
Clark held policies, it was accepted in settlement
of the case
Waterman & Martin and Haskins Schwenk
for plaintiff; Fits and Lowell & Lowell of Bos-
ton for defendant.
No further jury case could be tried this week.
but effort is being made TO prepare some other
eases for trial by the court today and tomorrow
The grand jury are still at their labors and. prob.
ably, cannot complete their work before Saturday
afternoon.