Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1907-12-14
WINDSOR COUNTY COURT
December Term, 1907.


on appeal. AS reported last week, a
verdict was directed for the plaintiffs
to recover the amount of their claim,
$l55, balance of an attorneys bill
of 5000 The bill arose in this way
For a number of years the Union
Agricultural society of Tunbridge
has held an annual exhibition there,
called the Worlds fair, At that
fair in 1897 a young man named
Clyde Benedict was injured in a
collision between his bicycle and
trotting rig. He sued the society
and recovered damages. In this
suit Tarbell and Whitman were
counsel for the society. This pres
ent suit was to recover for those SER
vices, and the defendants we're sued
as members of the society, it having
no funds in it's treasury.
About all the evidence offered by
the defendants was ruled out and
numerous exceptions taken. The
issue was as to whether the defend
ants became members of this Union
| Agricultural Society" The plain
tilfs claim was that this membership
was created by the fact that each ex
hibited some article at the fair in
October, 1898, paid $l.0O and was
handed ticket marked Member
ship ticket" and used that to gain
admission to the fair grounds.
w. B. @. Stickney and j. X. Oar
ling for plaintiffs, Nelson L. Boyden
and Davis & Davis for defendants.
The case of w. e. johnson VS. Tur-
ner and others, which involves sub
stantially the same facts, was con-
tinued. The same attorneys repre-
sented the respective parties in this
second case.
The next case called was Geo. A.
Cheney vs. Chennie Sawyer, a case
from Plymouth. The parties got to-
gether and settled that case, the
plaintiff recovering his claim. Da-
Wis & Davis for plaintiff, Stickney,
Sargent & Skeels for defendant.
The next case put on trial was that
of George Sumner vs.. Allen Parker
and Lawrence w. Barton. All the
parties reside in Plymouth. This
is an action of trover for a quantity
of spruce lumber, and the claims of
the plaintiff are that defendant Park
err who owned land ABIDING plaintiff,
cut l6 trees over the line and sold
them to Mr.. Barton and delivered
them to his mill in Tyson. The de-
PENDANTS admit that Mr.. Parker did
cut ID trees over the line and sold
them to Mr.. Barton; Mr.. Barton
admits that he purchased and re-
ceived them. The defendants claim
that this cutting over the line was
by mistake as to the true line, and
made in good faith, and that as soon
as the mistake was discovered ten
der of $25 was made to compensate
Mr.. Sumner for his loss. There has
been no testimony thus far to show
that Mr. Barton knew anything
about the location of the line Mr..
Barton bought the logs from these
trees togethet with large number
of logs delivered by Mr.. Parker.
The principal question is as to the
value of the logs. Messers, Stickney
and Skeels for plaintiff, Messers.
Frank A. Walker and Gilbert A.
Davis for defendants.
VERDICT FOR PLAINTIFF.
The case went to the jury We'd
nesday afternoon, and verdict for
the plaintiff to recover $84.05 was
returned.
There has been a struck jury
selected and summoned in the case
of White River Valley Electric Rail-
way Co., and Frank E. Paige, recei-
yer, VS.. the town of Stockbridge.
January 9th is assigned for that trial.
There are now pending in this
Court 81 petitions for divorce, and
so State cases.
A HAY CASE.
The case of Homer N. Pecor vs..
D. D. Howe was taken up Monday.
This was an action to recover for
two tons of hay which the plaintiff
claims was taken by defendant and
fed to his horses, The defendant
rented barn of the plaintiff and
kept four horses there. The hay
was put into this barn by the plain
tiff, who claimed to have reserved for
his own use part of the barn in
question. When the plaintiff went
to the barn to get his hay, there was
no hay there; it had been fed out
by defendant to his horses. The
defendant claimed to have paid and
settled for the hay in full.
Davis & Davis appear for plain