Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-05-01
COUNTY COURT BUSINESS.
THE RECORD OF THE WEEKS WORK Al
NEWFANE.

Verdict OF $66OO Tor flalntui IN oaiuwA"
Case Against G. v. Railroad co-Intersst-
ing Testimony in the case-Jury Dismissed
and Divorce Cases in Progress.
r. C. Baldwin, administrator, VS..
Central Vermont Railway company
T.. II. Baldwin, deceased, had been an
engineer many years on the narrow
gauge railroad, and during the last two
or three years of his life, in the winter
season, had made the run of the Bos'
ton train, so called, from Brattleboro
to Millers Falls and back. December
3, 1901, he made the run, leaving Mil
lers Falls on the return trip u min
utes late. Vernon was regular stop
of the train and he also had orders that
day to meet Boston IL Maine freight
at Vernon. This train was too long for
the siding and reached back to the
main line AS Baldwin's train came in
sight Of Vernon station about half
mile distant he undertook to apply the
air brakes to make the stop, but got no
response from the air. He then whistled
for hand brakes and the train crew re-
sponded, one hand brake failing to
work because it was frozen up. Bald
win reversed his engine and the train
SLOW ed down somewhat but was going
four or five miles an hour at the time
it struck the freight train. Just be-
fore the collision Baldwin and the fire,
man swung off the locomotive and
Baldwin struck against post. rolled
under the wheels and was killed.
The evidence of the plaintiff tended
to show that after the accident the air
pump on the locomotive was found not
to be working; that after an admins
traitor was appointed Mr.. Fits, as at
torney for the administrator, went 10
the foreman of the company In Brat
tleboro and asked leave to have the air
pump examined by competent men
that the next night afterward the fore
man had, without notifying the attor-
ney, taken off the pump and was pre-
pairing to send it on the night train 10
st. Albans and had nearly new pump
nut on the locomotive in its place; that
the attorney learned what was going
on and went with an officer and took
the detached pump to the electric
light station in Brattleboro and had il
examined by C. A. Brackett and n.
M. Hadley: that they found piece
broken out of the steam cylinder OF
the pump and took impressions of the
|
that the stopping of the pump at the
time of Baldwin's death was due to the
break and that the company knew the
pump to be defective when it was put
into service.
The master mechanic Of the com
pany, William Dobson Of New Lon
don. testified that in July before the
i accident he overhauied the pump ano
found in the steam cylinder shor,
run in the casting; that he did mol
know whether such defect damagee
the iron or not. The plaintiff intro
duced as witnesses j. A. Titus of Brat
tleboro, an experienced machinist, ane
f. W. Tilden of Hinsdale. n. H., az
experienced foundryman, who botf
testified that a short run in the cast
ing indicated brittle and poor iron a
that point, and that it was unsafe II
use such casting where strength wa
required. Experiments were made II
the presence of the jury tending Il
show that a piece broken from the de
feet in question would cause the puml
: to stop. Several citizens of London
derry testified as to the good charac
ter and standing of Baldwin as man
Baldwin was a widower and left lit
tie girl 10 years old. The suit is TO
her benefit.
Defendants evidence tended to shoy
that the air pump in question hat
been oyerhauled and was in perfec
: order when put upon Engine No. 3
and that no complaint was ever mad
of its working. The master mechanl
: who examined it claimed that ther
l. was no flaw in it that could mar 1T
efficiency: and it was tested repeated
u ly at Brattleboro Dec. | and respond
y ed satisfactorily. That after the acci
u dent the pump and air brakes wer
found to be in good working order an
= that when it was found that plaintiff
: would claim that there we're defects Il
D. the pump. it was examined by expert
" and found to be in substantially tn
same condition as when examined Il
. July.
u The defendants counsel claime
that the accident was caused by wan
t. of proper care of Engineer Baldwin
the deceased, in not properly watch
ing the air gauge and thereby know
ing the amount of air he had in th
reservoirs for use in stopping the train
and if without air to seasonably mott
fy the train hands to make use of tn
hand brakes in controlling the trai
!, for stops.
u The case was very closely contested
d numerous exceptions being taken.
It was given to the jury at $50 Tuesda
n morning, and at noon a verdict wa
IT returned for plaintiff to recover 500
u as damages. c. G. Fits and j. L
If Martin for plaintiff: G. W. Writers
a Kittredge Haskins and Frank Plumle
o for defendant
The iury was dismissed Tuesda
night and the time since then hs
been taken up with divorce cases an
v routine court business.
The case of Charles H. and II. j. Da'
= export against the Vermont Nations
bank will not be tried at this term c
court, as the estate of George S. Dowle
has applied for and secured tempora
\ nv Injunction. restraining the trial
N the case until an accounting has bee
made between said estate and the plair
tiffs and others concerned with tn
transaction out of which the litigatio
arises.
The great military parade whic
opeped the dedication ceremonies
the ST. Louis exposition yesterday wa
a spectacular and impressive success
The winding column, an incomple'
view for half mile to the right an
left. made a picture hard to be SUI
passed as it marched in front OF Pres
dent Roosevelt's reviewing stand.
r. = L.