Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-01-06
SUPREME COURT
m IN FULL SWING
All the Judges and 40 Lawyers
Attend Session at Mont
pelier.
MANY CASES CROSSED OFF
About HALF of 81 Set for Hear
ing Remain on Docket-sole
Chittenden County Case
among the Number.
MANY CASES CROSSED OFF

at the State House this morning with all
the judges and about 10 members OF int
Vermont bar present Prayer was onered
by tho Rev. Stanley f. Bloomfield. paste"
Of Bethany Church. and proclamation
opening court was made by Deputy SheriT
John l.. futile.
In calling the trial calendar about hair
OF tho q cases set for hearing were
otherwise disposed OF. indicating that the
term will not exceed two weeks In length.
In the Windham county case OF F. II.
Wetherby VS.. p. V. Allen. and Hermon
F.. Eddy Va. the Fab Mountain Electric
Light 4 Power Co.. both OF which were
set for hearing. the Judgment OF the
county court was affirmed as 1t was In
the Franklin county case OF I. 8. Bost-
wick & Son VIZ. tho st. Adams Driving as
soctation. The Franklin county case OF
Thomas A. Derosia VS.. Peer Ferland was
continued. Tine one Chittenden county
case on tho trial calendar the United
States Of America, for the use and beneht
of the Elias Lyman Coal Co. VS.. the
United States Fidelity & Guaranty Co.
was set for hearing. The Rutland county
case OF Frank g. burlington VS.. G. II.
Grimm was submitted on briefs.
BY request OF counsel on both sides the
Windsor county case. in re John l.. Bacon
ct al. VS.. the Boston & Maine railroad, the
Central Vermont Railway company and
the Woodstock Railway company; the
Central Vermont Railway company VS..
the town Of Hartford and state Of Yer
mont, companion cases. were set for hear
ing Tuesday morning. January II. at
nine o'clock.
OPINIONS HANDED DOWN
Al the morning session the following
opinions were handed down: o. c. Huntley
vs. the Rutland Railroad company, from
Addison county, in which in the lower
court there was verdict for the de-
PENDANT railroad TO recover it's costs. the
judgment of the county court was af-
! firmed. Opinion by Judge Munson.
Cynthia S. Mead Va f. A. Owen and
cross bill, from Addison county, the
decree of tho lower court was affirmed
and cause remanded. opinion by Judge
Munson.
Winfield :. Holt va. Adophus Rul-
eau, from Bennington county. in
which the covenant OF seizing is in
volved. the Judgment OF the lower
court, which is not yet formulated,
was affirmed. 90 Opinion by Chief Judge
| Rowell.
| William Roy vs.. L. p. Phelps. from
Caledonia county. false warranty In
the sale OF a horse, the judgment OF
the lower court was affirmed Opinion
by Judge Powers.
| Charles w. Weatherby. administra-
tor, VS.. the Twin State Gas and Elec-
trio company, from Windham county
| n yxh iC1, IN
"a judgment for the PLAINTIFF to re-
cover $500 damages. the opinion read
to-day by Judge Haselton reverses
this Judgment and gives Judgment for
the defendant company to recover It's
costs.
Edison r. Rowley ct. al. VS.. George
w. Shepardson ct. al, from Windham
county deceit in false warranty in
the sale of a farm, in which in county
court there was verdict for the plain
tin to recover $1,000 damages. this
judgment was to-day reversed and a
new trial ordered on terms. This
opinion was written by Judge Watson
but because OF severe cold and
hoarseness it was read by Judge Pow
ers
In the Windsor county case Of John
c. Coolidge VS.. Warren r. Taylor aid
trustee in which In the lower court
there was a Judgment for the defen-
dant and the trustee, both judgments
were reversed and the cause remand
ed. Opinion By Chief Judge Rowell
AFTERNOON SESSION.
Walter Dane OF Newport. who took
the bar examinations in another State
was admitted to practice this afternoon
and the oath was administered to him
by Deputy Clerk Moody.
In tho Washington county case Of
State VS.. Elton l.. Taylor, adultery, the
exceptions were waived. The Windham
county case Of Watson 5. French w. T.
RAYMOND, the first case set for hear
ing was submitted or briefs.
Other opinions read this afternoon are
as follows:
| charles 3. Anterior VS.. the village OF
Essex junction, from Chittcnden coun-
ty. Decree affirmed and cause remand
ed. Opinion by Judge Haselton The
plaintiff is n farmer who resides a mile
and half from the village of Essex
Junction. lie is assessed to pay village
taxes for lighting streets, water works.
sidewalks. etc. and prayed for an in
junction restraining the village from so
taxing him. but the opinion read to-day
sustains the defendant village.
Ioa Olin VS.. Arthur Martell. from
Franklin county. Five tons Of hay are
| involved in this case. In the lower court
there was verdict for the defendant to
recover his costs and n judgment on the
verdict. The opinion by Judge Mupson
affirms this Judgment
Allen r. Shelter VS. r, b. Perkins &
Co.. note and common counts. from
FRANKLIN county. Judgment affirmed
and cause remanded Opinion by Judge
| Haselton.
Eliza H. Abbott VS., John ID. Saunders
ana cross bill, from Addison county, APP"
peal dismissed. Opinion by Judge Pow
ers.
!, H. y, Richardson VS.. H. Baker & Sons,
} from orleans county. in which a quantity
J OF lumber is involved. There was ver-
! dict In the lower court for the plaintiff
! TO recover s2l2.2l and Judgment on the
Verdict' The opinion by Judge Haselton
reverses this judgment and remands tho
cause.
'"hh H. Brown vs.. the Vermont Mu-
.ua' Fre lnsurapce company. from Or
'e"hs county. Judgment affirmed. Opin-
'or py Judge Powers. IN county court
there was Il judgment on verdict for the