Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1903-03-23

station to the other, and fourth, be-
cause the evidence did not show facts
sufficient to constitute cause OF /
action against the defendant.
This motion was argued at length |
by counsel upon both sides. In ruling |
upon the motion, the court held, |
among other things, that there acds a
variance between the plaintiffs |
declaration ard the proof introduced |
by him. Upon this holding of the
court the plaintiff asked leave to
anne nd his declaration, which request
was granted. The defendant then
asked for a continuance upon the
ground that its case had been pre-
pared upon the declaration as pre-
scented aud not as amended; and that
the railroad were not prepared, and
could not proceed with the trial upon
the amended declaration owing to the
necessity of procuring witness who
could not be procured without great
deal of delay. Upon this motion OF
the defendant the case was continued.
1t is very probable that this case will
be tried at the next term of county
court in September. It is a case of
! great importance as it involves many
questions not heretofore passed upon
| by the courts of this state.
| The case which is at present occu-
pying the attention of the court is
| Mary Bronson v. Town Of Coventry.
In this suit the plaintiff seeks to re-
! cover damages for injuries claimed to
| have been sustained because of the
! insufficiency of highway bridge upon
what is known as the old road betwe an
| Coventry and Newport. Quite deal
of evidence has been introduced upon
both sides showing the construction
and condition of the bridge. The
plaintiff claims and her evidence tends
to show that while riding along the
highway over the bridge in question,
her horse became frightened at par
fridge which flew mp in the road and
she was thrown over the embankment
and down a distance of some ten or
twelve feet into the water and among
the branches of some fallen trees.
She, through her medical testimony
shows broken collar bone as the re-
suit, and what is called spinal concus-
sion. A. W. Farman appears for the
plaintiff and j. w Redmond and Fl. F.
Black for defendant. The evidence
was closed Friday, and two arguments
made to the jury. Court took re-
cess from Friday night until Monday
at O'CLOCK, al WHO Iu0 Gna drSu-
ments wi be resumed n b clse
submitted to the jury.
The following State cases have beer
heard the past week: State ". Silas
Wiley, assault: pondent plead
not guilty; State v. Frank Nadeau
grand larceny: respondent plead not
guilty; State ". Walter Hanson, killing
deer unlawfully: respondent plead
guilty March 18th and was sentenced
|, to pay fine of 500 and costs of pros
ecution, with alternative sentence
} execution stayed and responder
f committed to the custody of A. G
Sleeper, probation officer, until fur
] Their order of court, and on condition
: that he commit no future breach O
the criminal law; State v. Stetson AM
3 Allen: both respondents plead guilt.
. and we're fined $25 each and costs O
7 prosecution; State v. Andrew ]
: Stewart, obtaining money under falls
e pretences: respondent plead no
g guilty; State v. G. A. Moxom, obtain
t ing money under false pretences: re
g spondent plead not guilty. 81