Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-05-15
Handed Down by the Supreme
Court at Opening Session
of the May Term.
NOTABLE CASES ARGUED
County Savings Bank and Trust Co.
the First Begun-H. H. Powers
Arguing the Case of j, H. Liv-
ingston VS.. G. S. Page.

O'Clock with all the judges in attendance
except Judge Tyler. The docket was
called, the cases not on the trial calendar
being Continued with a few exceptions and
several entries being made, several cases
set for trial were continued and a few
cases have been set for trial by stipula-
tion. At the conclusion of the calling of
the docket several opinions were read and
decisions rendered IN cases that have been
with the court.
In the case of Arthur Morissette VS..
Canadian Pacific hallway, judgment was
reversed and cause remanded. This case
was put on for trial before a jury in Or
leans county but before its conclusion a
verdict was ordered for the defendant by
the court. The case is a suit for damages
by Il brakeman on the defendants road
who was knocked from the side of d NOV
ing freight car by a switch handle which
stood less than two feet from the side of
the passing car in the Megantie yard.
During the course of the trial evidence
was introduced to show that the Canadian
law as to negligence is stronger against the
employer than is our Vermont law. The
court ruled that that evidence was ad-
dressed to the court and not to the jury.
The opinion delivered to-day revcrses this
ruling and lays down the rule that when
foreign law is to be proved as a fact it
Is a question for the jury instead of for
the court. Opinion by Rowell, chief judge
and Alfred for the defendant.
In the Orleans county cases Of John c.
and Edward Gallagher VS.. John G. Clark
ct al, petition for new trial, the com
panon case the exceptions were overruled,
verdict set aside, new trial granted and
cause remanded The case of trespass is
a dispute over division line and the new
trial is granted on the grounds of newly
discovered evidence as to the Root cor
ner'' so-called, which was important in
establishing the line. Opinion of Judge
Watson Graham and Redmond for Pc
titioner, Gala CHER, and Miles for Clark.
II the Caledonia county case Of Warren
Estabrook vs.. Fidelity Mutual Fire 1nsur-
ance Co.. Judgment reversed, additional
counts dismissed and judgment for de-
fendant opinion by Judge. Munson.
Caledonia county case of Nj. A. Lewis
VS.. John Cane & Sons, which was on the
docket, is a misentry, the exceptions haN
ing been filed too late.
In the Windsor county case of katherine
j. Hunt ct al VS.. Henry Tolles ct AL de
cree reversed and cause remanded with
mandate This is bill in Chancery brought
against the defendant selectmen and their
assistants for DETACHMENT of a cemetery.
The orators are heirs of Consul Jarvis who
gave part of the cemetery though 1t was
not received by anyone legally capable of
receiving it. The cemetery recently became
badly grown up with bushes and the trees
badly. The selectment and some people
who had relatives buried there instituted
improvements There was no legal donor
of the gift so the court hold that a trust
was created. They hold that. although not
all the work done was justifiabe or well
advised, yet the defendants acted in good
faith and so the damages allowed Should
be light Opinion by Judge Munson. q. a,
Davis for orators and j. G. Enrlght, L. r
Buck and William Batchelder for de-
PENDANTS.
In the Windsor county case OF Ida E
Richardson VS.. George l.. Fletcher demur-
rer was sustained. declaration adjudged in
Sufficient, and cause remandcd This is ar
action on the case to recover a penalty foi
neglect of duty by the defendant in not
tlling the will of Sarah Fletcher in probat
court within the statutory time, she being
the custodian of the will and executor un.
der it.. The case is in supreme court on de.
murrer. The court holds that it is sufii
Cient ground for demurrer that the declara.
ton fails to set up that the defendant
failed to furnish satisfactory excuse tC
the probate court nasmuch as that woult
relieve him of liability if he had done so
Opinion by Judge Watson. G. A. Westor
and q. a. Davis for plaintiff and Huntor
and Stickney for defendant.
The case of William w. Fletcher VS.
George l.. Fletcher, which is much tn,
same as the previous one was decided tht
same.
The Windsor county case of Luolla A
Nlahoney VS.. Springfield Savings bank was
affirmed by agreement of parties on III,
CAN of the docket as was the case entitled
In re estate of Roswell Downer. In tho
latter case judgment of lower court was
81 050 for claimant Luella.
In the following Windsor county Stat,
cases exceptions We're waived and judg,
mcnt and sentences affirmed: State vs.
ED. Matot for adultery, State VS.. Mimi,
Cox for adultery, State VS.. Gertrude Ship
pey for larceny, State VS.. Harvey q. Rum
rill for incest.
In the Orange county case of Martha S
Elagg VS.. Blake Locke and Mary Am
Locke apis, Judgment for plaintiff of St.7
and costs reversed and judgment 20
plaintiff to recover five cents and costs. II
this case there was a claim in offset dis
allowed by the county court which thi
court now allows. Opinion by Judge Nun
son. Dennison and DennSon and Conan
for plaintiff and r. NJ. Harvey and T.. M
Harvey for defendants
Orange county case of State VS.. Alex
andcr Wilson, judgment that there wa
no error ana that the respondent take
nothing by his exceptions. The responder
was in court and was sentenced to pay
fine of SO and costs the charge beinj
breach of peace. States Attorney Conan
for the State and II. NJ Harvey and Cor
don and Jackson for the respondent
land VS.. town of Chittenden was ordere,
for reargument and the Rutland count,
case of William II. Hawkins VS.. Carlos A
Hitchcock was discontinued.
The Washington county case entitled, L
re Harriet Camps will. James Upton, apt
was affirmed by agreement and orde
certified TO probate court, the case hav
Ing been settled.
No Chittenden county cases We're dis
posed Of
In the afternoon the first hearing wa
given on a motion for a rehearing of tn
well known tax case Of State of Vernon
VS., Franklin County Savings Bank Ss Trus
company. This case was argued last Jan
uary and decided at the same term in favo
of the State, the court holding the ta
constitutional and according to the statute
Judgment OF county court for plaintiff L
recover sl5l 40 and costs was affirmed
T.. Cushman, commissioner Of State taxes
appears for the State while Judge iona
than Ross represents the bank.
During the few minutes after the ta
ease was closed before court adjourne
ha IItfla. 10 Il, 4, ,.c