Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-07-08

! decision on ltS merits there.
Henry A. Boies, administrator of Cor
don H. Spriggs estate VS.. The Rutland
Railroad company. Judgment for the
plaintiff. damages assessed at S4 600.
The court held, as the plaintiff had
claimed, that the contract by which the
deceased Sprigg had released all claim
for damages for personal injuries in con-
sideration of pass free to Boston on
the train with his stock, was null and
void, as against public policy. The case
goes to the supreme court and the point
in dispute has never been brought up in
its exact present shape before our highest
court. There are decisions either way
in several other States. Cushman and
Russell for the plaintiff; Judge H. H.
Powers and F. l.. Fish for the rail-
road.
The matters growing out of the hear
ing In Re E. j. Ormsbee as receiver of
the Vermont Investment and Guarantee
company of Orwell, fairly full state
ment of which case was published in our
columns two weeks ago, were held with
the court to be decided in vacation. In
the amount of money involved in one
way or another this was a very important
case as the figures went up to consider
able more than million of dollars.
In the two cases of State VS.. B. A.
Atkins, the Bristol druggist who stood
charged with selling liquor contrary to
law on one information and with having
on hand with intent to sell on another,
the demurrer in the first case, which
was argued for the respondent by Judge
Bliss June 23 was overruled and the
complaint held to be sufficient to which
ruling exceptions were allowed and the
demurrer in the other was left open and
| both cases continued.
In the case In re will of Adelia G.
Pond. L. Allison Webster appellant,
Bion Wilson and others contestants,
which came to an abrupt close June II
when the evidence for the proponents
had not been finished and in which the
contestants were then granted a con-
tinuance on terms, the terms were an
nounced as follows. The contestants to
pay to the proponents 500 on or before
the Goth day of August next; and in de-
fault Of such payment a decree for the
proponents will be entered, to the effect
that the will offered by the proponents
is the last will and testament Of Adelia
c. Pond and the contestants may have
until August 90 next to file their plea.
The last matter brought up before the
| final adjournment was the liquor cases
|
victed of more serious crime and who
was under bail on charges of selling and
keeping with intent to sell under the
license lew. The respondents father,
over 50 years of age, was up Tor cash
bail on these cases, and as the respondent
was sure to he in the safe keeping of the
state for from two and IA half TO three
years it was thought best by those in
terested to let the bail be surrendered
and the bondsman discharged. This
course was the one finally pursued, w.
w. Rider of Bristol appearing for the
bondsman and surrendering the respon-
dent. DR.. Bisbee appeared quite feeble
and seemed much cast down.
This was the closing scene of the
court and at its conclusion Judge
MlnsOn. having asked the customary
question as to whether anyone knew Of
any reason why the County court could
not then adjourn directed the sheriff to
adjourn the court, and at exactly 1921
O'Clock Deputy Sheriff William H. Cobb
declared the June term of the Addison
County court adjourned without day.
Cases disposed of at odd times during
the term and not elsewhere noted but of
sufficient importance to require some
attention are as follows Watson
Nlorgan's administrator, appellant, VS..
Joseph Daniels, an old case, discontinued
without costs: W. w. Rider for the
plaintiff and +. l.. Fish for the defense;
John II. Stewart VS.. Allan Calhoun and
trustee settled and discontinued; Goodsell
Greenough's guardian, appellant VS..
Bristol Railroad Company, settled and
discontinued; George E. Rankin receiver
Farmers National bank of Nergennes vs..
Emerson Holland administrator, with
the Court for future hearing; Farmers
National bank of Vergennes vs.. L. L.
Lawrence, appellant, judgment for
plaintiff amount to be assessed.
In addition to the divorce cases heard
the following We're dismissed without
eiudice in all cases on motion of the
attorney for the petitioner: William n
Culver vs. Jane Culver; Matte Landon
VS. Penrose NJ. LandOn and Damose T.
: Lowell vs. Mary Lowell. The number
of divorce cases on the docket as well as
the number of cases continued was
smaller than the average and nOticeably
so,
E The term of court lasted from June
2 to July . and court was in session for Il
days and parts of days. a large amount
of work was got through with more thar
would be indicated 10y a mere recital OF
the cases heard and determined. Two
civil cases We're tried by jury, witt
! verdicts for the plaintiffs in both cases
! one civil case was begun for jury tria
Il. but passed over when about half tried
4 four criminal cases were tried, resulting
in two verdicts of guilty, both fo
=. adultery, and two verdicts of not guilty
a Aside from the divorce cases, fou
D witness cases, not including the matte
t of the Vermont Investment and Guaran
t tee Company of Orwell, We're heard b.
e the court. This was more than tn
+ average number of such cases. Jus
r seven divorce petitions " ere heard, tiv
S of the petitioners getting bills.
,. NOTES.
u u Sheriff Thad NJ. Chapman appeare
Il for the last time as sheriff Saturday
Z although his term of Office does not e1
y pire until the last day of Novembe
" next.
e James B. Donoway has also appeare
V fo the last time as States Attorney
III Comfy court His term does not eXDlI