The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-05-04
Virgins VERDICT
IS REVERSED BY
SUPREME COURT
Was Awarded $1,000 Damages
in Jury Trial
{. z. WAIST co. DEFENDANT
Decision States That Plaintiff Did Not
Use Proper Precautlon In
Operating Machine

Montpelier, May AT the May
Term of the supreme court which op.
ened here yesterday in the case of
Lysle L. Virgins, the verdict for the
plaintiff to recover $1,000 damages and
costs was reversed and judgment was
rendered for the defendant to recov-
er costs.
This s1it was brought in Benning-
ton to recover for damages or account
of an accident received by the plain
tin while operating an ironing mach
inc in the company's factory at North
Bennington. The court held that the
dangers from the machine were so APP
parent that they didn't require spec
ial instruction. The youth of the OPP
orator was 10 defense since he was l6
years of age, a period when he should
have been well along in the high
school if attending The court said
that all an operator had to do was to
let 90 of the article being ironed and
the danger stopped. The opinion was
written by Judge Powers.
In the Franklin county case of
state vs.. Hiram T. Dee for alleged
election fraud, the Judgment was re-
yersed, the demurrer sustained, the
information adjudged insufficient and
the cause remanded. Dee was arrest
ed at the annual city election in st.
Adams in 1909 after having been seen
10 receive certain ballots on the H.
cense quesdon and place them in his
pocket instead Of in the ballot box.
The decision In the case states that Il
was not shown that it was a legally
called city meeting at which the al
legged disorder took place. The decis-
ion In part was "The respondent OBJ
| iects that the Information does not
show that the meeting was duly and
legally called. The charter Of St
Adams provides that the annual
meeting for the election Of city Off
GERS shall be on the first Tuesday Of
March at a place to be- appointed by
the city council and that notices there
Of shall be posted and published In
a prescribed manner Any meeting
held withOu; these notices would be
illegal and It's proceedings void
II was contended that there could
be no election fraud inasmuch as a
vote on the license was not an cleo.
tion but this was not sustained by the
court. the decision IN regard TO this
being, 1T Is not a question but that
a ballot cast under the license law is
a ballot under the meaning OF the
law The court also said that the
ballots should be deposited ia the bal
lot box as a matter of duty. a new
information against Dee may be
brought which would open up the case
lagaln.
In the case Of F. w. Blondin vs.
Evengeline Macarthur ct al, from
Franklin county. the validity Of a d.
yorce obtained by Mrs. Napoleon Che
nette OF St Adams Bay in New Mex
leo was involved. This divorce was
not recognized I'm the opinion read by
Chief Judge Rowel and makes void a
deed given by Mrs Chenette to the
orator because her husband had not
signed IL.
Judge Haselton read an opinion In
the lamoille county case OF II II
Powers VS. the Rutland Railroad com
pany In which slut was brought to re
cover for salary alleged TO be due
This case has not been tried In Lam
ollie county court and comes TO this
court on a motion to strike from IN,
record so much as relates TO accor,
and satisfaction Of the promises ant
undertakings IN the declaration which
was sustained pro forma The opin
ion was favorable to Judge Powers In
asmuch as the pro forma iudgmen
was reversed and cause remanded.
Anthony Hughes and others vs. the
farmers National bank Of Granville
and Enos c. Fish, from Rutland couu
ty. In this case the lease OF certain
quarry lands In the town OF Wells 4
involved The decree Of the lowe
court is reversed and cause remanded
the defendants to recover their cost
In this court. the costs In the cour
below to be there determined. Opin
ion by Judge Watson.