Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-01-29
ADDISON COUNTY COURT,

I
ls#Court resumed operations to a slighl
feXtent in the Court house in Mddlebury
at 2 o'clock on Monday afternoon, after
a recess of 16 days, which as due part
~ to the fact that the miX-ups and en-
gagements of counsel elsewhere. partic-
ularlv at Montpelier, had made it i'm
possible for the scheduled cases to come
on, and then partly to the fact that
Judge Stanton had been corraled or sub
p1enaed, as 1t were, to 20 to Montpelier
and help the Supreme Court to hear
some cases. The attorneys on whose ac-
count with no fault on their part
there las been so much see.sawing and
delay since the term opened on Decem-
Der /, and Senator James b. Donoway of
Middlebury, Representative Frank l..
+ tish of Vergennes and Matthew G.. Learv
of Burlington. w b. C.. Stickney Of
Bethel and V. A. Bullard of Burlington.
And to make bad matters somew hat
worse, Ira II. LaFleur of Middleburv had
to get sick with an engaging attack
of the grip, just when he was particu-
larly wanted and needed in court on the
opening day this week.
The case which was assigned for Mon
day afternoon was that of Noah Lathrop
vs. Frank G.. Lavarn, an action in tres
pass and really friendly suit between
the parties intended to establish bound
AIRY between wood lots. The case could
not go to trial Monday, and a recess was
taken at 3 clock until o'clock Tuesday
morning.
Tuesday morning things were in no
bett srsharc and no court was held dur
ing the day. This left the way open for
ha ha IF
Mumley VS.. The Rutland Railroad COM
pany, which begun at 10 Wednesday.
In this case the plaintiff, Mumley, a
young man of perhaps % or 90 years of
age, brings suit to recover $4,000 dam
age and his costs for injuries received in
an accident at what is known as Fishers
Crossing in the town of New Haven and
near what is known as the lower pulp
mill, about four miles north of this viii
lage, on the evening of Sunday. July %,
1906. The plaintiff was at that time
resident of Middlebury, but is now en-
ployed in the marble works at Fowler,
and on the evening in question he was
riding out with young Middlebury girl,
an employee of the telephone central
named Florence Gotta, daughter of
Lewis Gotta, of this town. In attempting
to cross the railroad at Fishers Crossing
they were run into by the evening train
of the Rutland Railroad company going
south, at about Z 100 o'clock, with the
result that the horse was killed and the
buggy badly demoralized, as incidentals;
but with the deplorable result that Mum
ley's young companion was fatally in
jured and Mumley himself more or less
hurt. The young lady was hurried down
to Proctor hospital at Proctor, where she
died very shortly, after much suffering.
Miss Cota's father, as administrator of
her estate, has also a suit on file against
the Rutland company for damages. The
Mumley case was tried in this Court at
the December term year ago, and after
four days struggle it came out abortive-
ly with disagreen ent of the jury.
1t took nearly two hours to get jury
for this case. ten men being rejected out
of 90 called into the box. Two of the
ten were excused on account of previous
eight being challenged either by the
plaintiff or the defense. Having COM
pleted the jury, the Court at II 40
O'clock took a recess until 2 80 p. M, in |
order to give the jurors an opportunity |
to 60 down to the scene of the accident |
and take look over the ground. This
was done, the jurymen, in charge of |
Sheriff Olin Smith and accompanied by |
Judge Stanton and one of the lawyers |
for each side, going down on the II: al
(late) train and getting back at one
o'clock on train specially arranged for
them.
AT 2:30 o'clock the taking of evidence
for the plaintiff was promptly begun and
was continued until the evening adjourn
ment. Davis and Russell of Middlebury,
with Thomas Moloney of Rutland in
are the attorneys for Plain
iff Mumley, and Alexander Dunnett of
st. Johnsbury and p NJ. Meldon of Rut-
and are fighting the battle for the rail
'oad Senator James b. Donoway of
was engaged on that side,
lut had not escaped from Montpelier
or the opening. Mr.. Dunnett is the
United States District Attorney for Yer
mont and is accounted one of the strong
'st lawyers in all these parts.
Before this case was got started We'd
lesday morning, still another railroad
,ase was called up and forever got off
he trial calendar. This was w. q. Simp-
on VS.. the Rutland Railroad company
md Dlr. Simpson sued for damages for
INJURIES received i'm the rear end collision
Il Vergennes on the first day of Decem-
,er, 1906. The case was settled out of
court and entered on the Court Docket
IS settled and discontinued. Davis and
Russell for the plaintiff and Messrs. Mel
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