Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1905-01-12
Windsor County Court.
December Term. 1904.

business IS now being transacted; final adj
loornment will be reached Friday or Sat
gruhy OF TINS week. This has been the
nrst time Judge Watson has held Inc
court here; he has commended himself ~
the bar and the community as a learned
ana just judge and a courteous gentleman
ne VIII always be sure OF a cordial well
come when he returns here as presiding
| judge. '''s
The State cases rather petered out. and
three respondents, whose cases were ex-
peeted to be tried, pleaded guilty. They
/ were:- ~
state vs.. Daniel Livingstone. This re-
| spondent stood charged with an assault
with intent to kill one j. 2. Lucas on Dec.
zOat Hartford; respondent pleaded guilty
TO simple assault and was remanded Tor
State vs.. Ernest NJ. Fink. This resnop-
dent was charged with stealing some nap-
klns from J.. +. Lynch at White River
junction. The plea was guilty of petty
larceny; remanded for sentence.
state vs.. Arthur Kellogg. Respondent
pleaded guilty to breaking into certain
store at Windsor and taking some articles
therefrom. On Investigation the court
was satisfied the case was one in which re-
spondent should be released on probation.
lie was sentenced to two-three wears in /
tine House OF Correction; sentence STAYED 4
and respondent probated.
Inc last civil case, as indicated last 1
week, was that OF Frank p. Russ VS.. Cen
lral vermont Ky. Co. The action was one /
10 recover damages for injuries sustained /
by the plaintiff in collision at Mortified
on March IA, 1903. Russ is a resident Of
W hlte River Junction; for over a quarter
OF century he was faithful, steady em-
ploye OF the defendant corporation: for
the IA years preceding the accident which
SO seriously disabled HIM he was engineer
aWff raar hF .
Junction to Mortified, and Mortified 10
White River Junction. On March IA he
was getting ready TO take out his train: at
80 he went to breakfast. while Hostler
Brown got out the engine Russ was to
drive after breakfast Russ boarded his en-
CINE, and the lubricator to the air pump |
being dry, he was fixing IL so the an
would flow in II. All the time he was so
Engaged, his engine was hauling and s
pushing cars about in making up the 7
ram, and all this time the engine was be-
ng operated by the hostler.
Az hoXDury, about Z a. m, compound
'ngine No. $50 received clearance orders to
20 north and meet No. 81 at Mortified;
'ngine SOB had only a caboose attached.
md was running in the back gear-tender
head, Mr.. Russ, on his engine, was on :
rack NO. z, but that track was connected ii
With the main line by the fact OF an open il
Witch just how that switch became open
nd not appear. The morning was very
oggy and No. 500, run by Anthony Cur a
lite, came hustling along over the main .
Inc, through the switch, and crashed into =
he engine OF No. 81 train. At the, mo- Il
lent OF the collision Mr.. Russ was Just e.
utting on his overalls; he was thrown :,
nth great violence against the firebox, =
1stalning great injuries about the head II
nd face. Blood exuded from his ears, al
artieularly one ear, for several DAYS after A.
annfnHnf hn araT II. Z
bat be was very badly hurt and incapaci- "
lted from labor OF any kind for some n
me a.
On the part of the plaintiff it was j.
aimed that Curotte was incompetent in
rat he was not familiar with the road
etween White River Junction and st.
lbans, only having made a few trims -
'me seven round-trips-tha he had come
ere from Montreal as instructor in the
inning OF the new compound engines
lat the defendant corporation was guilty ~
neglect of duty in sending such a man hsaa
J sucn run, with so limited a knowl- is,
ige OF the road, stations, grades, switches,
C., etc. The plaintiff said under such an
der as No. $50 had, il was the duty of "a
e engineer TO have stopped that engine az
nth OF the south switch in the Mortified Go
rd; that No. 81, being on the side track th
nth OF the switch, would have been per- NJ
city safe il this had been done; that the he
ason Engineer Curotte did not so stop "a
IS because of his want Of knowledge of f9r.
) wherea bouts. c 5l
At the end OF the testimony for the thi
iintin the defendants counsel filed a pr
)tion for the court to order verdict for ~
9 defendant on the ground that the
lintin had not made out case emitting
N on his evidence to recover. The
,tion was argued by w. b. c. Stickney
q Judge Palmer OF Burlington for the
Id; and by Charles Batchelder and
lnk Plumley for the plaintiff. The ST
endant claimed the plaintiffs evidence RAs
not show that the accident was the Tor
ult of the incompetencv of Curotte; IN,
endant insisted that the plaintiff was In 5
IN the discharge Of his duty under the ira!
ndard Rules in that he was not operat- , ana
his engine himself, but was permit ''S N
g Brown so to do; that this was a vio- said
on of the rule prohibiting any person q Sc
be on the engine while in operation IN
ept the engineer or fireman; defendant and
med that IL Russ had been operating int
engine, he would have seen the open not
tch, and could have protected himself w NJ,
his train from any danger; that he circ
's-was in effect on the main line with este
authority, not having a clearance or app'
rement order as the rules required he
uld have before getting on the main
be court took most of the afternoon on
lay considering the question, and on
irday announced its decision sustain
the motion. The court found that
otte was bound to stop south OF the Tn
h switch, but found that the plaintiff HON
failed to show that any incompetency i9sti,
-urotte brout ABOUT the collision. Angi
cover the court found that the plain- distr
vas guiItv ~ concnrrsnt Yae,lir,e,s,,s ~, will
facts proven. So the court directed a hi
ict for the defendant. A. d.
he case will go to the supreme court on ! &c
ptions 10 this holding. However the n 'u
may finally be determined, the plain by !,
las general sympathy that after so CLAIM
v wears OF hard faithful labor he Dat
I'D experience such fate. 80
A Well Deserved Tribute. 49,