Middlebury register. (Middlebury, Vt.) 1886-1937, 1907-07-05
COUNTY COURT.

The $4,000 damage suit of Michael Car
wage VS.. Joseph Angler, which was in
progress when we went to press last
week, was completed on Friday. The
rebuttal testimony was finished early
Thursday afternoon and the rest of the
day was devoted to the pleas to the jury.
Leroy G. Russell of Middlebury led off
for the plaintiff and was followed in turn
by Ira H. LaFleur of Middlebury and
Frank L. Fish of Vergennes for the de-
fendant. VIM. H. Davis of Middlebury
made the closing argument for the plain
tiff, which he did not finish until Friday
morning Judge Taylor took up an hour
in the delivery of his charge to the jury,
which was a clear, able and impartial ex'
position of the law applicable to the case.
The jury got the case at 1920 o'clock
Friday forenoon and were out until 2:4O
in the afternoon, when they came into
court again with verdict, which was,
that the defendant was guilty in manner
and form as alleged and that the plain
tiff should have Sc damages and his costs
This was slight drop from the sum
sued for, but considering the character
of the verdict it is not likely that the
case will be appealed.
As soon as this case had gone to the
jury the case of Frank j. Hubbard VS..
the Rutland Railroad Company was TAX
en- up. 1t is a suit to recover $4,000
damages for injuries received by the
plaintiff, as is claimed. in the railroad
disaster at Vergennes on the first day of
last December, when four persons were
burned to death and several others were
more or less seriously injured.
An able array of counsel appeared for
each side, Messrs. Davis & Russell of
Middlebury and 7. w. Maloney of Rut-
land representing the plaintiff and Hon.
H. H. Powers of Morrisville, P. NJ. Mel
don of Rutland and F. l.. Fish of Nergen-
mes looking after the interests of the rail-
road.
1t took nearly an hour to select salts
factory jury and before they were en-
panelled Judge Powers dictated state
ment to the effect that the defense con-
fessed negligence on the part of the rail-
road company and admitted everything
claimed by and for the plaintiff except
on the question of damages. The de-
fense, he said, did not concede either the
nature or the extent of the injuries
claimed by the plaintiff, and that issue
and that alone, involving the amount of
damages to be allowed, was the issue to
be submitted to the jury. 1t is under
stood that various efforts had been made
to settle the case out of court, but the
parties seemed to be unable to come to
an agreement.
Lawyer Davis briefly outlined the case
for the plaintiff to the jury. The plain
tiff, Frank j. Hubbard, of Middlebury,
is the well-known life insurance man of
that name and on the first day of Decem-
ber, 1906, took the 8 80 morning train at
this station on his way to Vergennes.
This train consisted of Is freight cars, a
passenger car and a combination bag
gage and smoking car in the rear. This
train was followed by a work train car
rying gravel and the train ahead was to
take a side track just south of the Yer
gennes station and allow the work train to
pass. The train came to standstll on
the siding before the rear car had got on
to that track and the work train came
along and its engine dashed into the end
of the combination car, which telescoped
the passenger car ahead, with the result
that the passenger car was badly broken
up and thrown down quite steep EN-
bankment and to distance at one end OF
some 35 or 40 feet. The subsequent
scenes of horror are too well remembered
to need repetition here. When Plaintiff
Hubbard realized where he was he found
both his legs pinned to the ground under
portion of the bottom of the car in
which he had been riding. After while
he succeeded in extricating himself un
assisted, the train men and the Others
who had gathered being busy in efforts
to help those who seemed in more imme
diate need of assistance. Mr.. Hubbard
succeeded in getting to the station, where
his injuries were temporarily attended to
and came home to Middlebury on thu
noon flyer the same day. He was in
jured about the head and face, his righ
knee was in very bad shape and he haC
apparently been injured internally. H
was confined to the bed for many week
and has only recently been able to leav
his. home. Hence this suit for $12,0O
damages, it being claimed that he i
permanently crippled.