Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1903-06-18
Windsor County Court.
June Term. 1908.

The horse case of Slack v. Jacobs went
to the iurv on Tuesday and a verdict for
the plaintiff was given in the sum OF so
and interest since June. 1898. William
and Charles Batchelder for plaintiff, Gill
bert A. Davis for defendant.
j. r. Colston V. w. w. Bean was then
called and jury empaneled. This was on
an action to recover 1922 damages for sale
OF mortgaged property 10 the plaintiff.
The defendant is a carriage maker at Kan
dolph. and in 1899 borrowed the amount
named of the defendant. Certain car
riages and sleighs were turned over to him
for the loan, but 1t transpired that the
property was already mortgaged to VIM.
II. Dubois, who claimed IL, and plaintiff
had nothing for his money. Afterwards,
the plaintiff went into insolvency. The
Jury returned a verdict for the plaintiff for
1851 IS. j. {. Enright and +. X. Buck for
plaintiff, ]. ID. Denison for defendant.
The following civil cases were tried
last week
Abel Barron VS. George P. Bugbee.
This case was from Hartford, near the
junction. The parties have pastures adj
Joining, the defendant owns one and the
plaintiff had lease OF two others. Last
summer the plaintiff claimed the sheep
of the defendant were in the plaintiffs
pasture about all the time, eating the
best of the pasturage. II was claimed
the sheep got in under a fence that
il was the duty Of the defendant TO keep
in repair. The plaintiff introduced several
witnesses who testified to seeing the sheep
in his pasture. At one time the sheep
were found there and by the direction
of the plaintiff were impounded and
subsequently redeemed By the owner,
who paid five dollars for the damage
done by the sheep. The plaintiff sought
to recover $50 damages. On the part OF
the defense, II was denied that the sheep
had been in the plaintiffs pasture, ex-
cept on a few occasions, and then II
was always through the defective fence
OF the plaintiff that defendant supposed
they went. The jury gave verdict for
the plaintiff for s7.S Jas. @. Harvey
for the plaintiff, r. Z. Stevens for the
Helen j. Wilson " George Marshall.
The plaintiff lives at Fishkill Valley,
Duchess Co., n. Y. Defendant resides
In Brooklyn, n. ", with a summer resi-
dence at Reading, Windsor county. The
action was ejectment for the recovery Of
certain lands IN this town OF Reading,
called the Honestus Stearns farm in
the towns OF Reading and West Wind
sor. The premises are al present IN the
possession OF Mr.. Marshall, who owns
a place adjoining. The plaintiffs attOr-
news introduced a few deeds which they
claimed were sufficient TO show title to
the property in the plaintiff Defendants
counsel cliamed that the documents pre-
sented were not sufficient TO show such
fact, because they did not show any title
In John Stearns, the grantor OF Helen J.
Nelson. The court held this TO be a
right contention and ordered "A verdict
for the defendant TO recover his costs.
j. G. Enright and +. r. Buck for plaintiff,
Gilbert A. Davis for defendant.
Seth Jones aud Clara Jones vs.. Clarence
Davis. This was an action to recover
damages for the negligent driving Of a
COW valued al s35. The parties are all OF
Royalton, and on the 9Th OF July the cows
OF the plaintiff were in the corn OF the de-
PENDANT, and he and his cousin, Will, went
and drove the cows out. The defendant
drove the cows quickly, running them
over a wall that was part OF the fence be-
tween the parties. The wall stood about
level with the defendants field and two OF
three feet high from the plaintiffs field.
On Sunday evening, the COW appeared 10
be sick, and on Monday II died, as was
from injuries received In being
driven over this wall. II appeared from
several witnesses that defendant had adj
mitted TO them that be killed the COW and
would pay for IL; he also agreed TO the SCI
lection OF an appraiser to pet the value OF
the animal. The defendant denied the
killed the COW and said his statement was
''if' he killed the COW he would settle.
But he denied killing il or being the cause
Of its death. He introduced evidence that
on the day preceding this Sunday the
cows were In his corn field and were driv-
EN- out by son OF the plaintiff, assisted by
another boy and dog, and that the cows
went over this same wall. The defendant
also called expert medical and veterinary
to show that in their opinion
the COW was more likely TO have died from
an injury on Saturday than on Sunday.
This opinion was based upon the eondi-
tion OF bunch found on the animal after
her death. which, on being cut, exuded a
yellow matter called serum, IL being
claimed that such a quantity could not
have collected in the time between Sun
day and Monday. The defendant said the
only thing in the way OF admission made
by him to Mrs. Jones was that he offered
TO give them certain book account owing
him by them. not because he regarded
himself as liable, but as a neighborly act
in their trouble and loss. The case re-
suited in verdict for the plaintiff for s35
and costs. D.Denison for plain
tiff, John ]. Wilson and J. c. Enright and
Buck for defendant.