Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-07-01
Addison County Court.

lCOnIlnueu from rage -
When court opened Monday afternoon
the first case taken up was that of Henry
A. Boies administrator of Gordon II.
Sprigg's estate vs.. the Rutland Railroad
Company. in which the amount of dam
ages sued for was $4,000 This claim
grew out Of an accident which occurred
on the Rutland road near Ludlow on
February l6, 1903. Mr. Sprigg was a we'll
known cattle dealer in this county and
on the day of the accident was on his
way to Boston with a shipment of cattle
riding in the cabOose Of the train When
near Ludlow there was a rear end col
lision with a freight train and several
persons in the cabOOse were injured. Mr..
Sprigg was thrown through a side door
of the car and about 30 feet down a steep
embankment and got a bad shaking up.
Within few days he was brought to his
home in Weybridge, where he fingered
along and dwindled away until his death,
which occurred on the sixth Of last
month. There was an injury to one hip
which caused lameness, his nervous sys-
/ TEN was greatly shattered; his digestion
was badly impaired. He was afflicted
with insomnia and by spells was subject
/ 10 Authorizations. There Were times
when he seemed to be improving and his
ultimate recovery was hoped for. DR..
Stanton S. Eddy of Middlebury was the
attending physician and at different
times he called in consultation eminent
specialists from Burlington and Mon
treal These were called in to testify in
the case and these testimonies occupied
considerable time, The case was appe-
Gladly shortened by the concession of
numerous facts by each side which
would otherwise have been necessary 70
.g.f .l,It
defence was that Sprigg was riding on a
drovers pass and that when he procured
it he had signed the customary form
of release to the company of all claim for
any damages which might occur. The
chief question of law for the court was
as to the defendants liability under
these circumstances, and that question
and the amount of damages 10 be
allowed, if any were about all that We're
left by the concessions for the Court 70
decide. Cushmau and Russell represented
the plaintiff and Judge II. H. Powers Of
Alorrisville and +. l.. Fish of Nergennes
appeared for the railroad.
During an intermissiOn in this case
Monday evening the testimony was
taken in the case of Emma G.. Eldredge
VS.. Joel H. Lucia ct al. The plaintiff,
who lives in Colorado Springs. Col, was
the daughter of Charles n. Hayward of
Bridport, who died in 1870. BY his will
Mr. Hayward left $1,000 each to five mis-
sionarv societies, the remainder to 90 to
his daughter for her use during her life,
and in case she died childless the residue
TO revert in equal shares to the mission
airy societies named in the will. But
there was a clause in the will providing
that the daughter should have the use of
the whole of the property during her life
time, in case she should need it, and it
was to enforce this provision that the
suit was brought. The Bridport real estate
was sold years ago, and the funds rea-
lized now amount TO $4,000. The fund is
in the hands of Joel II. Lucia of Mont
pelier as trustee and he is named as a
defendant in the suit, but the missionary
societies are the real defendants; and the
only ground of defence under the will
would be that the proceeds of the proper
~ were not needed for the PLAINTIFFS
support. The evidence was all got in
but the decision was not announced.
w. H. Davis appeared for Mrs. Eldredge
and Mr.. Fish had charge of the defence.
The case lasted all through Tuesday.
, The testimony for the plaintiff being
concluded at $50 o'clock. No testimony
other than that brought out by the cross
, examination of the plaintiffs witnesses
was put in by the defendant, and the
release contract between Mr.. Sprigg and
the railroad. The court then took the
papers and the judgement will come
later. This is the most important civil
case which has been tried for several
years in this county.