Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1900-03-16
WINDHAM COUNTY COURT.
Quick Work with the March Session.
All the Business Disposed OF, and Final
Adjournment Reached Thursday Az
ternOOn---LIst OF Divorces Granted

= y.
.el Shertoin, 4. o. Coleman, H. 4. Bal
lard and Clarence Torrey.-This case
went on trial before Jury Monday after.
noon. 1t was an action of trespass alleg-
ing damages in the sum of 5000. Sherwin
and Coleman were selectmen of Jamaica
IN lS9o. In August of that gear the me-
cessity arose of making extensive repairs
on the Ward bridge over Ball Mountain
brook This bridge made connection with
the West Jamaica road so-called, OH the
south si1e of the brook The selectmen
decided, after holding a meeting to test
public opinion, and securing a reasonable
DID for the construction of the road to lay
a new road down the north side of the
brook, distance of about 100 rods, and
cross the brook over the Wilder bridge, So
called, thus doing away with the Ward
bridge. This new road was laid over the
land OF the plaintiff distance of 20 or 40
rods. The contract for building the road
was let to the defendants, Ballard and Tor
rey, who commenced operations on the
plaintiffs land by removing fence and cut
ting wood and timber from the roadway.
The plaintiff, Sylvester Rawson, as soon as
he saw Ballard and Torrey at work on the
land, ordered them to cease operations and
leave the premises. This they refused to
do. Work on the new road proceeded, but
meantime public sentiment was aroused
against the course of the selectmen 1t
was found that the Ward bridge could not
be discontinued by them, 1t being part of
a highway laid by courts committee. A
town meeting was held at which the Sc
lectmen were directed to discontinue con-
struction of the new road, and the same
was not completed. 1t is now fenced up.
While if completed it would have been an
advantage to the plaintiffs, in that their
land would have been made more accessi
BILE thereby, their testimony tended to show
that the road is now impossible and that
the plaintiffs sustained damages to the
value of the wood, timber, fence and pas
turage destroyed in the construction.
The testimony of the plaintiffs further
tended to show that they had received no
legal notice from the selectmen of the time
aud place where they could be heard in
respect to the laying of the road; that they
had never given permission to enter their
premises and construct the road, and that
they had never waived their claim for
damage. The testimony on the part of
the defendants was to the effect that the
plaintiff, Sylvester Rawson, received notice
from the selectmen in person. and received
from them a written notice to be delivered
to Mrs. Rawson, as to place where and
time when selectmen would meet them
in the matter; that Mr.. Rawson attend
ed such meeting when held, and gave them
at least implied permission to proceed with
the construction of the road and that
Rawson stated to the selectmen that he
would ask no land damage
The general claim of the defence was
that the selectmen acted throughout in ac-
cordance with law and could not be held
in individual capacity for damage even If
same had not been waived by plaintiffs.
The court submitted several interroga-
tions to the Jury which were answered to
the following effect:
1st-That the selectmen did not notify
Mrs. Rawson when and where they would
hear her.
2d-That the selectmen did not so notify
Mr.. Rawson.
3d-That the defendants did not have
permission from Mr.. Rawson to enter upon
the premises and construct the road before
the survey was made.
4th-That the plaintiffs sustained dam
age by reason of the defendants entry upon
the land and building road thereon to the
extent of $22.08.
The verdict was returned at l o'clock
Wednesday afternoon after the jury had
been out an hour The court rendered
judgment on the verdict for plaintiffs to
recover S220S damages and their costs.
This was the last jury case. 1t will be
recollected that long trial of this case at
last September term resulted in disagree
ment of the jury.
Court Business.
The following court business was trans
acted during the term: Sebastians Alibuti
VS. Thomas Rolet, apt, judgment for plain
| tiff, damages S25; Mellen Il Proctor, VS..
| A. V. Kerr and trustee, judgment that
| funds in hands of trustee belong to claim
ant; trustee discharged; exceptions by
plaintiff; Herbert D. Ryder, administra-
tor, VS.. L. w. Howard, judgment for
plaintiff by default; Frederick w. Childs
vs. Elmer d. Powers, judgment for plain
tiff; Martin r. Lawrence VS.. Charles w.
Parker, judgment to account, Kittredge
Haskins, auditor; Owen Murphy VS.. Moses
Miller, judgment on report of referee for
plaintiff, damages 500; Martin Woitow
itz VS.. G. S. Dewolf, apt, judgment for
plaintiff as per stipulation, damages $50;
| Uberto G. JillsoD, apt, VS.. George w
| Kentfield, administrator, judgment of pro-
bate court affirmed; Ira +. Whitman VS..
| ID. Il, OOA, dpI'i JuuBueuI IOI plhluJlH,
clerk to assess Vermont National bank
VS.. John O'Connor and trustees, judgment
for plaintiff, clerk to assess; Samuel P.
| Miller VS.. Charles Jackson, judgment for
plaintiff; James B. Albee VS.. Thomas
! Walsh, referred to o. E. Butterfeld R.
| A. Knight VS.. j. d. g. j. A. Reed,
| judgment for plaintiff, clerk to assess /;
| Daniel NJ. Barber va. town of Dummers-
ton, defendant filed demurrer to plaintiff s
declaration, plaintiff withdraws first count
of declaration, demurrer to second count
overruled and second count adjudged suffi-
cient, exceptions by the defendant; G. F.
Thompson VS.. II. G. Herrick, judgment
for plaintiff by default; Burgess Sulphite
Co. VS.. Edgar f. Carruthers, judgment for
plaintiff by default, clerk to assess; HON.
er Foot & Co. apt. VS.. l.. A. Dryden,
Judgment for plaintiff, clerk to assess.
Divorces Granted.
The following divorces have been grant
ed: John II. Hume from Nettie G. Hume,
for adultery; Nellie A. Codding from Bert
A. Coddng, for adultery; Augustus b
Mallard from Annie B. Mallard, for will.
full desertion; Charlotte K. Hitler from
Edwin A. Hitler, for neglect and refusal to
support; Ralph G. Cushing from Minns
j. Cushing, for willful desertion; Sarah
A. Hall from Geo. H. Hall, for intolerable
severity; Charlena b. Chapel from Edward
Chapel, for willful desertion; Jennie T
Peach from Isaac w. Peach, for willfu