Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-09-13
VERDICT FOR DEFENDANT.
II Was ordered by the Court in Case
OF Gadue vs.. Chnmplaln Mfg. Co.

in hearing n few motions and business or
minor importance. The grand jury was
in session and n great number of witnesses
were called before them. According 10
statements made during the political cam
paigr, this grand jury is to investigate
the charges made by =. w. Clement that
cattle condemned as tubercular were sold
and distributed as good meat. 1t was an
nounced that everyone who had any
knowledge on this subject would be sum-
moned to appear before the grand jury
and because of the importance Of this mat
ter the session of the jury will probably
be longer than usual.
In the case of Homer T., Powell vs.. N.
n. Noyes and D. Noyes Burton judgment
was entered Thursday for the plaintiff.
The case of George D.. Jarvis w. the
Singer Mfg. Co. was continued with costs
as to the plaintiff. The case of r. w.
Taft VS.. c. f. Walker was continued with
costs as to the plaintiff.
The case of Spauldlng. Kimball e. CO. VS..
n. A. Whitehill was discontinued.
The following new divorce entries have
been made: Cora NJ. Lewis VS.. Frank !.
Lewis; Anna NJ. Ladue VS.. Frank Ladue;
Orvis Roberts VS.. Adeline Roberts, Mag
gle w. Anderson vs. Andrew Anderson.
/ The case of Honora Wight VS.. the
ltllkNoH y w. '' N
brought to recover damages of 5000 for
injuries alleged to have been sustained
by the plaintiff while she was riding in
an electric car, was settled and discon-
tined Friday. The trial was to have
begun in county court in the morning but
the settlement was perfected Just before
court opened. The amount of damages
paid was not announced by counsel.
The case of J. S. Wilkins. administrator
vs.. Brock & Roselle was the next one set
for trial but no trial was had. This ac-
ton was brought to recover damages OF
SIC. 900 for alleged malpractice, the de-
PENDANTS being osteopathists In Mont
pelier. C. s. Palmer, counsel for the defen-
dants, filed an affidavit stating that I'M
%portant witnesses were out Of the State
and that counsel had been but recently
called into the State. After argu-
ment additional bail of 800 was
ordered and the case was con
tinued with the condition that the dcfen-
dant pay 500, the alternative being judg-
mert for the plaintiff.
The following disposition has been made
of other cases:
NJ. f. Rosenberg VS.. f. F. Fowler, dis
continued.
Florence H.. Englesby VS.. d. w. c..
Clapp, with court.
Nathan A. Durand W. George Goodrich.
with court.
Morris Brown VS.. Joseph Agel. discon-
tinued~
Esther Brown vs.. Joseph Agel, discon-
tlnued.
II. II. Walker VS.. II. A. Bailey, con-
tinued on terms as to the plaintiff.
Henry Bowley VS.. The Consolidated
Rendering Co., placed at heel of the
docket.
The first jury trial to be taken up at
the present term of county court was
begun Saturday. The case is that of
Cyril Gadue VS.. the Champlain Manu-
featuring CO., and is az, action brought
to recover damages of $4,000. The plain
tiff claims he was employed by the de-
fendant company as a carpenter on a
house being built for, ex-Gov. T.. G.
Smith in st. Adams. While 50 employed
he claims n staging was faulty con-
s~tructed and gave way, carrying him to
the ground. The defense is that the stag
ing was properly constructed but that
the defendant looscned the affair, there
by causing it to fall.
h plaintiffs evidence in the case
of Cyril Gadue VS.. %Champlnin Manu-
facuring company was completed Mon
day afternoon in county court and
the defense was begun. The plaintiff
seeks to recover damages of $4,000 for
injuries he received by being thrown
to the ground when a staging. which
he claims was faulty constructed,
gave way.
The most important evidence during
the day was the testimony of +. A..
Chittendcn of st. Adams. lie said he
saw Gadue knocking at the props of
the staging. He further said that a
carpenter began to saw on a portion
of the support OF the staging and that
he ordered the work stopped.
A judgment for the Champlain Manu-
featuring CO., was ordered Tuesday by
Judge Rowell in county court in the case
broguht by cyril Gadue for damages of
$1,000. The case had been practically COM
plcted but had not been given TO the jury
when the judge directed a verdict for the
defendant company to recover it's costs.
The plaintiff sought damages for injuries
he received by the giving way of a stag
ing on which he was working. His claim
was that the staging was improperly con-
structed. The defense showed that Gadue
had himself cut away a portion of the
support and had asked another carpenter
W w iii'ib "oih' !! = oiNcNt hP
peared for the plaintiff and A. G. Whit
emore and X. f. Brown for the de-
PENDANT.
The next case to be taken up was that
Of Delany a. Rafferty, VS.. The Security
/ Live Stock Co. This case has been on the
docket about 10 years, In involves a horse
which the plaintiffs had insured in the
f defendant company. The horse died and
the company declined to make payment
on the ground that there had been mis-
r representations. Subsequently the company
went into the hands of a receiver. A sum
f of money was paid to the State by the
4 company for the privilege OF doing bust
r ness and the plaintiffs brought suit to
, get hold of that. 1t amounts to about
1 $50. The horse was a valuable one. DR..
= Miller stating on the stand Tuesday tina,
$500 would be n low estimate of its worth
{ 1t was insured for 1915. The evidence was
: completed Tuesday and the arguments
2 were made by NJ. l.. Powell for the plain
tiffs and IL. s. Peck for the defendant
company.