Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1900-01-04
Windsor County Court.

The case of Jessie g. Lynde VS.. town o.
Plymouth, which counsel announced was
good for three days, occupied about tWc
weeks in its trial. IL was typical high
way case OF the old school, tried upon
orthodox lines. On the part OF the de-
fence there was the usual class OF testi'
mony-evidence tending to show first,
that the place in question was not out OF
repair: second, that the accident occur
red at another place in the road and third,
alleged declarations OF the plaintiff that
the acsident was caused by a runaway
horse that she had been forbidden to
drive, and that she was not hurt. These
several points were well supported by
evidence on the part OF the defence and 1t
was thought there might be a disagree
ment OF the Jury; but after one hours
absence a verdict for the plaintiff was
rendered in the sum OF 1886 and costs.
The case was argued by s. X. Buck and q.
A. Davis for the plaintiff and by VIM. W.
Stickney and WIN. Il. johnson Tor the
town. The case is full OF exceptions aud
Plymouth allows she'll peal 1t; so it goes
to the supreme court.
The calender OF the Jury had barely
disappeared into the jury room when the
first Jurors in tho next case were on their
way h occupy the same seats. This was
case that calls upon the immediate baili-
wick OF the HERALD-to wit, Randolph
and Bethel, for witnesses,
CLYDE r.. Benedict vs.. Union Agricul-
tural Society is the title OF the case. The
plaintiff lives with bis father at East
Bethel, aud the society is body OF
gentlemen connected by voluntary associ-
alton and holding annually what has
come 70 be known as the Tunbridge
Worlds Fair" So well known was this
institution, ana such fetching title had
il that when the recent great Columbian
Exposition was held at Chicago, that city
borrowed the title for its show.
II appears that at the session OF the
Tunbridge fair held the last day OF
September, 1897, among the other attrae- |
lions was To be bicycle race--best two |
out OF the three in harness. Five con-
testants entered and two heats we're run,
the same riders coming first in each heat.
An announcement was made from the /
judges stand that "Jones wins first
money; Mcdonald and Benedict tie for
fecond place."
The testimony OF the plaintiffs witness.
es tended to show that after the above
announcement another was made from
the Judges stand to the effect that these
two boys had determined to run another
heat to decide who should have the second
prize. That they were properly started
from the judges stand and ran once
around the track-on the home stretch
the second time the two riders had just
veered little to the right to pass his
opponent, who also inclined to the right,
1t seems that after the two boys had been
started on their final heat the gong rang
and Chief Msrshall Dan'l Jones went on
his horse to call up the trotting horses
and sulkey for the next race. One OF
these being all ready in harness, started
for the track and entered il. The horse
was led by the grand stand and in the
direction the two boys we're coming, and
was located on the side OF the track with {
the wheels OF the sulkeY projecting at an
angle in towards the center OF the track. .,
Ii was so standing when the two boys
were coming full speed as described .
above. The bicycle of 3 snedict struck
the felly OF the sulky wheel and he was
thrown over the sulky, landing the other I
side OF 1t on his head and shoulders. He
was picked up and taken TO the judges
stand where he was revived and dressed
and soon left the stand in company with ,
two companions who had gone to render
him assistance. The case had proceeded
thus far and seventeen witnesses had been '
examined when the court took a recess on
Saturday until Monday afternoon. Y
The case was resumed Monday after
noon when court re-assembled. Plaintiff ,
a member OF the Dartmouth
college athletic society, Mr.. Mcintyre,
who testified that in order TO get speed 1t '
was necessary to ride with the head
down. The plaintiff then testified in
Substance as the witnesses had already ]
done as to the occurrence. He stated that
with his head IN racing position he {
could see from one to two rods ahead OF ,
him, but his attention was taken in
his adversary's wheel at his side ,
and he did not see the sulky until Just i'm /.
medistely before he struck IL. He stated
as to his condition of health since the ac-
cioent. His mother and father also testi- 5
fled as to his health and strength before
the accident and since. DR.. Clough, who
attended the lad, told of his condition {
and stated his opinion that young Bene- {
dict was suffering from a trumatic neuras-
thenia, which in plain everyday language ,
signifies diseased condition OF the Z
nerves and nervous system arising
from violence-p physical injury. When
the evidence OF the plaintiffs side as to
the accident and how it happened had
closed, defendants counsel moved that
the court order a verdict for the defendant
on the ground that the plaintiff was clear ,
~ guilty OF contributory negligence in
riding with his head down as the testi /
mony showed, when he might have avoid
ed running into the sulky il be had used
his eyes. This fact the defendant claimed
would as a matter OF law disentitle the ,
plalnuh TO recover, Notwithstanding I,
there might have been negligence in al !,
lowing the sulky TO be on the track. The !
court declined 10 order verdict, holding
that Il was for the jury to say whether the
plaintiff was negligent, and not matter
for the court. The defence then COM
menced its testimony and is now putting
IN its side OF the case, which will last all
this week. Then the criminal docket is
TO be taken up and IL Is doubtful IL any
more civil cases will betrisd this term.
East Barnard. 4