Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-05-07
OPENING DAY Of
SUPREME COURT
Chittenden County Gases Set for
Trial during Second
Week.
HAND DOWN MANY OPINIONS
Flood Declared I'm Act of God and
Central Vermont Halfway Wins
Thcrcby-DaiIy journal IL
Practically Successful In
Defending Libel Suit.

Montpelier, May 5-Thc general term
Of supreme court opened this morning in
the supreme court room at the State
House with all the judges present.
Judges T.. l.. Waterman and A. A. Hall
Of the superior court were also on the
supreme court bench.
Prayer WAS offered by the Rev A. J.
Hough, pastor Of Trinity Methodist
church. and proclamation opening court
was made by Sheriff Frank II. Tracy.
About 40 attorneys outside of Washing
ton county we're present. on the call of
the trial docket, several cases dockcted
for hearing during the three weeks were
disposed of otherwise This will have "a
tendency to materially shorten the term.
The case of state vs.. George \. Howard
from orleans county, will go over until
next term. as the exceptions are not
yet completed.
CHITTENDEN COUNTY CASES.
The following Chittcnden county cases
We're set for hearing during the second
week of the term: John $. Wilkins. ad-
mnistrator, vs.. w. W. Brock and l.. X.
vs.. The United States Fidelity and
Guaranty company; the United states of
America for the use and benefit Of the
Elias Lyman coal company vs.. the Uni
ted States Fidelity Il Guaranty COM
pany; Sylvester a. Ploof vs.. Henry W.
Putnam. j. T.. Cushman called up the
Chittrnden county case of Eugene W.
Cooncy. by next friend, vs. Joseph y.
L'HeurcuX. This case was settled May
Il, lS9S, ten years ago. and has since
been kept on the docket by a technical
ity, Henry Ballard and W. l.. Burnap,
counsel for the plaintiff in this case, are
both deceased and it is probable before
the term ends the case will be entered
settled and discontinued
The Addison county case of Willis Il.
Child ct al. ". Rolln l.. Shaw ct al.
will be submitted on briefs. In the Or
angc county case of Albert f. Masoon
vs.. Moses H. Magoon. Islander the judg
mont of the county court was affirmed.
OPINIONS HANDED DOWN.
Opinions were handed down in several
cases heard at previous terms. The first.
from Caledonia county. Christian Die
trch vs. I.dia Hutchinson, foreclosure.
an appeal in chancory was read by Chief
Judge Rowel In this opinion the DE-
cree Of the lower court is affirmed, the
cause is rcrnd nded, and new time of
redemption is to be fixed
Judge Munson read a ma iority opinion
III the Rutland county case of Mary
Shum. as administrative of W. H. Shu!n
vs.. the Rutland Railroad company. Shum
I.l IN le ard Eo1l
irEford in the winter OF 1901. In the
lower court a verdict was directed for
the defendant company on the ground of
the contributory negligence of Shum. In
the opinion read by Judge Munson, the
Judgment OF the lower court is affirmed
Judge Hall read a dissenting opinion.
Town of Wallngford VS. town of Clar-
cndon. in which the tuition of four chill
dren was involved, was the next case in
which an opinion was rendered In tho
lower court there was Judgment for
the plaintiff town to recover SlO542. In
the opinion read by Judge Tyler. tho
judgment is reversed and there is a judg-
mont for the defendant town to recover
$3.50 chief Judge Rowcll disscnts
At the special term held at Rutland
last September. tho case of y. Mahoney's
administrator VS.. the Rutland Railroad
company was argued. In this case there
was a judgment against the dcfcnda Mt
railroad company and the opinion read
to-day by Judge Munson aHirms that
Judgment.
AFTERNOON SESSION.
The entire time of the court this after
noon was taken in reading opinions. sew
cral OF which are of general interest
one of these is the Washington county
case OF John W. Eagan VS.. the Central
Vermont Railway company At the
March term, 1907 the plaintiff was
awarded a verdict of s., sSS.3 80. The
motion TO set aside the verdict was over
ruled and there was judgment on the
verdict In June, 1906, a flood carried
away the plaintiffs mill property at
Middlesex and suit was brought to re-
cover damages against the railroad be-
cause of the insuniciency of its culvert
to carry off the water. The opinion
handed down this afternoon by Judge
Now | am always well and ready for
any amount of work. have an album
dance of active energy. chccrfune~s and
mental poisc. | have proved to my entire
satisfaction that this change has been
brought about by Grape Nuts food
THE fact that it is prcdigcsted is a
very desirable feature have had many
remarkable results In feeding Grape
! Nuts to my patients. and ! ca1not speak
too highly of the food. My friends con-
stantly comment on the change in my
appearance. | have gained Q pounds since
beginning the use of this food" There
a Reason" Read THE Road to Well
VILE" in pkgs.
Ever read the above letter. \ new
one appears from time to time. They
nre genuine, true, md full of human
| Interest.
| Watson is to the effect that the flood
of June, 1905 was an act Of God fol
| which the defendant railroad Is not re-
sponsibe and that a verdict for the de,
PENDANT railroad company should have
been rendered on this ground. The judg
ment of the county court was reversed
and there was a judgment for the de-
PENDANT company to recover its costs.
Another case Of general interest was
that Of Robert r, Gordon, by next friend
VS.. the Journal Publishing company
SANDER, from Washington county. Thi!
case has not yet been heard in the lowel
court. The defendant demurred to the de
claration of the plaintiff and the de