Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1910-03-30
County Court.

The case of Mamie C.. Allen VS..
James Allen, which was reported as
having been commenced, in last weeks
items, was tried the first of the week.
Suit was brought by the plaintiff,
Miss Allen. against her father, to re-
cover compensation claimed to be due
her on account of caring for her
mother during the illness and death
of the latter in the winter of 1908
1909. Claim being made and substan-
tiated by evidence that plaintiff was
hired by her father to perform the ser.
vices rendered. Plaintiff also averred
that she did other work of the family
10 the home during the time she was
caring for the mother. The defend
ant, James Allen, contended that no
contract ever existed. whereby he
was to pay his daughter for service
rendered and that she performed
these labors with no expectation of
compensation. After the mothers
death in February. 1909, it appears
that the defendant decided his proper
ty to his son William. in return for
his own support during the rest of
his life. and that this action on the
part of the defendant was not looked
upon with favor by the rest of the
family. The case was ably handled
by counsel for both sides. F. D.
Thompson and J. W. Redmond for
plaintiff and w. W. Reirden and
Howe for the defense. After consid-
ering the case over night the jury
brought in a verdict on Wednesday
morning for the plaintiff to recover
about $270. On Wednesday morning
the case Of +. P. Davis against E. G.
FOL
was of special interest. particularly
to owners of automobiles, as suit was
brought to recover damages alleged
to have resulted to a team frightened
by an automobile, left by the road
side in a damaged condition. 1t ap-
pears that while the defendant, DR..
Stevens, was driving his car one
Sunday morning last November near
Orleans, that some part of the mech.
anism of the car become deranged
and that it was impossible to move
the car further by its own power.
| The doctor moved the car as far as he
could from the wheel track, with the
means at hand, and being unable to
procure assistance, either to get the
car home or to repair it where it
stood, left it where it was
until the following day Monday in
the afternoon, covering the car with
aIcanvas properly weighted down with
stones, to prcte ct it from the weather.
It appeared from the evidence that
on Monday NOR ling, the plaintiffs
team, driven by one Sias and attached
to a tank wagon of the Stan lard Oil
Company, passed by the crippled car,
on its way to Orleans. That the
horses were somewhat frightened,
hut that no damage resulted. at that
time; however, on the return trip,
while passing the car, the horses be-
came frightened by the Tapping of
the canvas covering which had be-
come loosened by the wind, and that
| the tank wagon was overturned and
the horses injured by being thrown
into a wire fence or damned under the
wagon. The defendant took the posi-
tion that the accident to his car he
was unable to avoid. That he did all
in his power to get the car fixed up
and out of the way as soon as possi-
BILE, and that in this respect he could
not be held as negligent in the mat
ter. The evidence in the case for
both sides was we'll brought out by
counsel. Grout & Grout for Davis.
Aldrich and Dane for Stevens. The
jury considered the case at much
length but were unable to come to an
agreement and were discharged from
the case Friday morning. The jury are
excused until April 6. the case of Ara
bella Parker VS.. the Boston & Maine
railroad being set for trial at that
time. Considerable court business
was disposed of on Friday and Satur-
day. A list of divorce cases will be
given later.