Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-04-20
PLAINTIFF GETS VERDICT
ADMINISTRATOR OF A. W. SHAT
TUCK ESTATE RECEIVERS $4,000,
In a Suit Brought Against the Central
Vermont Railway Company for Dam
ages-People Bank Wins Suit on a
Note Transaction.
Newfane, VI, April 10, 1el

Newfane, VT, April 10, 1906.
At the coming in Of the court last
Monday the case of George 4. Sbanks,
administrator Of the estate of Almar
w. Shattuck vs.. Central Vermont Rail
way company was taken up. IL ap.
peared that Almar w. Shattuck had
for many years before August 2s, 1903,
worked for the defendant company,
the last three or four of which he had
been engineer on the mixed train run
ming from Brattleboro 10 South Lon
donderry and return, receiving n salary
of $40 per month as regular pay,with
some extra trips which brought his
pay TO somewhat over that amount. II
also appeared that Shattuck was II
steady, temperate, trusty man, who
saved his earnings, and was one OF the
best engineers on the railroad, that he
had wife and pleasant home in Brat
tleboro.
II also appeared that on July 30 or
I3l, 1905, the defendant company
changed the gauge of its railroad be-
tween BrattleborO and South London.
derry from narrow gauge of three
feet to n standard gauge of four feet,
eight and one-half inches, by simply
spreading the rails the required amount
and then afterwards changing the ties
and grading up and filing in the road
bed TO make it safe and sufficient for
| the standard width engines and cars,
they being mnch heavier than those
formerly used on the "narrow gauge
| This work took till Dee. s, 1905. Mean
while the defendant company ran its
regular trains over the road, and ear
ried both passengers and freight, and
during the first of this Reconstruction
period there was large number Of ac.
cidents. of one kind and another to the
trains. by reason of the insufliciency
of the roadbed and ties, and that on
August 2s, as the plaintiff S intestate
was running engine No. 1908 attached
to mixed train north. he got stuck on
"sand,hill'' south of Newfane village,
and had to cut his train in two and
take half TO Newfane depot, which he
did, and then went back and hitched
onto the part he had left on ''sand-
hillu, and that he had only gone
few rods when his engine dropped and
rolled down the bank on the right hand
side, taking part of the track and road
bed with it. In the wreck Mr.. Shat
tuck Is foot was caught under one of
the pipes, so he could not get away
and he was scalded by the escaping
steam. so he died a few hours after
wards. When the engine was exam
ined. il was found that rail had IN
some way broken, and one part of il
had been driven through the ash-pan
and air brake driven nearly to the ten
der The plaintiff s declaration
averred that the defendant was liable
because of its negligence in not hav-
ing safe and sufficient road-bed tire
and rails, and that plaintiff s mites
tate was without fault on his part that
contributed TO the happening of the
accident.
The defense claimed that the plain
tiff s intestate was negligent, and also
that he knew of the condition of the
railroad, and when he ran his train
over it. that he assumed all risks incl
dent TO and because of the then con
dition of the road-bed.
The jury returned verdict for the
plaintiff to recover $4,000 and costs.
'C. C. Fits and James l.. Martin for
plaintiff, C. W. Writers. W. b. {.
Stickney and Charles II. Darling for
defendant.
The next jury ease was People s Ma
tional bank VS.. Nellie NJ. Coolidge of
Brattleboro. This was an action on
promissory note, and the defendant
claimed she signed said note as surety
for her husband, II. o. Coolidge, in
stead of as principal as appeared by
the note. But the plaintiff produced
drafts and checks drawn to the defend
ant, which showed that the money on
the note was paid to her, and the jury
returned a verdict for the plaintiff
for $6ll and costs C. c. Fits and J.
l.. Martin for plaintiff, H. G. Barber
and Frank f. Barber for defendant.
This morning many cases were heard
and disposed of on various motions,
and, as the jury docket is nearly brok-
en-, an adjournment was taken this af-
ternoon till Monday.