Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-01-10
Many Opinions Read at the Open.
ing of the January Term
Tuesday.
SEVERAL RAILROAD CASES
,nc Decision against the Central Vcr-
mont Affirmed and Another Re-
ycrscd--A Ruling Asked In the
Taft Divorce Case-Scv-
eral Cases Continued.

Montpelier. Jan. s,-Thc January
Frm of supreme court convened this
Eorning at ten o'clock in the supreme
kourt room at the state House. With
ihief Judge Rowell and Judges Tyler,
tunson and watson of the supreme
|cnch was Judge r.. l.. Waterman of
@ superior court. Proclamation OPEN
q court was made by Sheriff Frank
Tracy. and prayer was offered by
Rev. L. f. Reed, pastor Of Bethany
hurch.
The trial docket was called and -
SEES were set for hearing during
he two weeks it is expected the court
IN sit. The Chitenden county
hscs set for hearing are: John s. Will
ins vs.. Samuel Somerville, ct al; tho
nited States Of America. VS.. The (hl-
fd States Fidelity e Guaranty com
hny: Mary NJ. strong VS.. Tho Burling-
bn Traction company: George u. Shor-
bin VS. Lena Belle walker. apt; in re-
ctition for contempt vs.. The Consoli-
nted Rendering company and in re-
Consolidated Rendering company,
ntition for writ Of certiorari Th"sc
at two cases will be argued together
will the petition pending for writ
error in the two cases.
OPINIONS READ.
Opinions were handed down In the
blowing cases: C. II. Davenport VS.
he Carpenter company ct AL bill ana
junction. from Wndham county. inc
pinion rendered by Judge watson Is
the effect that the orator Is entltied
no relief under the contract in QueS-
on The decree OF the lower court
~ affirmed and cause remanded'
George r Shanks. administrator OF
mar Shattuck's estate, VS.. the Centra!
Arn1ont Railway company, from Wind
m county. In the lower court there
as verdict for the plaintiff, ana eX-
Dtions by the defendant. The Judgment
the lower court was affirmed. Opinion
Chief Judge RowcN
Henry Dunbar VS. the Central Vermont
ailway company, from Franklin county
his case grew out of an accident on the
arlington & Lamoille road in which the
aintiff. conductor on the defendan,
,ad. was injured. In the lower court
a plaintiff was awarded n verdict OF
600 damages In the opinion by Chief
udge Rowell the Judgment of the lower
urt is reversed and the cause remand
Peter Morrill's administrator VS., the
itholic Order of Forcsters, from Or
ar.s county. A policy Of 5000 in tho DO
ndant company was in dispute in this
sc and 1t came to supreme court on eX-
ptions to IT, overruling of demurrer
he claim of the defendant is that the
rporation seal on the policy was MOI
fnune. The demurrer was sustained
o declaration. adiudeed insufficient. am
ere was n Judgment for the defendan
recover its costs. Opinion by judge
Ter.
american Can company vs.. Gustava II
-imm. note and common counts from
ltland county.The opinion by JudS
Ter reversed the order of the county
Irt ard remauded the cause.
f. G. Foss VS. Daniel =. Smith, asump
and petition for n new trial. In TIN
wer court there was verdict for tn
PENDANT to recover his costs and mo
pr. to set aside the verdict. The iudg
ant of the court below was reversed
new trial was granted and the caus
manded. Opinion by Chief Judge Row
'harles II. Robinson VS.. the St. Johns
Try & Lake Champlain Railroad com
ny. from Caledonia county. This cas-
g not been tried in the lower court an
me to supreme court on exceptions I
g overruling, pro forma. of the plain
RS demurrer to the defendants frs
lfht special pleas. The plaintiff was a
press messenger and was Injured Will
duty on the defendant road. The opir
by Judge Munson sustained some {