Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-04-17

THE COURT PROCEEDINGS.
THE RECORD OF THE WEEKS WORK AT
NEWFANE.
Verdict of Not Guilty in Doolittle VS.. Barnes
Trespass Case-J. o. Frost of Vernon Re-
covers Of Insurance Co. for Loss by Fire
C. H. Grant vs.. M. A. Bailey Discontinued.


covers Of Insurance Co. for Loss by Fire
C. H. Grant vs.. M. A. Bailey Discontinued.
Warren G. Doolittle vs.. A. q.
Barnes. As stated last week this was
an action for trespass, defendant being
cherged with cutting standing timber
which he had sold from his land in
Vernon to plaintiff. Defendants evil
dence tended to show that in the sale
to plaintiff reserve was made OF the
firewood standing on the lot, and that
after the plaintiff commenced cutting
the timber, defendant followed with
his choppers, cutting what was left
into four foot wood, saving an occa-
sional fence post that plaintiff was on
the lot several times while the timber
was being cut and made no objection
TO the cutting; that when plaintiff S
choppers had gone over the ground
they stated to defendant that they had
got through with the lot; that some
three months after plaintiff finished
cutting timber he wrote a letter to de
fendant telling him to stop cutting
his, plaintiffs, timber which was the
first intimation that defendant had that
he was trespassing. The defendant
cut from lut lOl dDOut lfc Soiao "
wood and about 800 fence posts which
he sold at the same price per cord as
the wood. Plaintiff claimed that the
defendant cut into wood %, 600 feet or
more of merchantable timber worth
from $40 to Sl4 per LOCO feet on the
stump. The jury considered the case
about an hour and returned verdict
of not guilty. II. G. Barber and j. l..
Martin for plaintiff. G. c. Fits for
defendant.
Julius 0. Frost vs. North British
and Mercantile Insurance Co. of Lon
don and Edinburgh. This was an ac-
tion to recover for the loss by fire of
one of the plaintiffs houses in Vernon
insured by the defendant company for
5000. The fire occurred in October,
1901, and soon afterward the company
sent there an adjuster to inspect the
premises. Mr.. Frost was not at home
at the time but meeting was arranged
between him and the company's repre-
sentative at the Office of the former IN
Boston. but no terms of settlement
were agreed upon. A good deal of cor
respondence ensued between the par.
ties without coming to agreement and
suit was brought in May, 1902. The
company resisted payment on the
ground that after the policy was is
sued. one room in the house was used
by the town OF Vernon as tramp room
and lookup, this use increasing the
hazard and voidipg the policy; also
that proofs of loss were not furnished
within 60 days of date Of loss as re-
quired by policy; also that the prop
erty was overinsured, the same costing
I'the plaintiff much less than amount OF
policy and standing in grand list at
about 500 The evidence on the part
of the plaintiff tended to show that
when insurance was taken out full rep
resentation was made to the company
Brattleboro agents of the use OF room
for lookup: that the requirements of
the company as to proofs of loss were
waived by the action of the company
in correspondence and negotiations
which tended to show that nothing
further would be required that while
the plaintiff bought the property at a
low price be expended considerably
larger sum for improvements on the
house than it was insured for. The
Jury returned verdict Tuesday after
noon for plaintiff to recover s634. 50,
the full amount of the policy with in
terest. Waterman Il Martin for plain
tiff, c. c. Fits for defendant.
C. H. Grant, apt, VS.. Martin A.
Bailey. This was an action of assump-
sit to recover for monument set by
plaintiff for the defendant in the Will
! Evansville cemetery. The contract
price for the job was sl99, on which
defendant had paid sos, refusing to
pay in full on the ground that there
we're certain imperfections in the
stone and the lettering. The plaintiff
testified that the defendant had
made complaint to him about Ger,
tain slight defects which he had
remedied, and that the stone was In
substantial accord with the contract.
Several dealers in monumental work,
who had recently examined the monu,.
ment. testified that the job was good
one in all respects At the conclusion
of the testimony on the part of the
plaintiff, the defendant paid the full
amount of the bill with costs and the
case was discontinued. Fits and Bar
ber for plaintiff, Waterman n Martin
for defendant.