St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1910-05-11
VERMONT NEWS.
Decisions Handed Down at May Term of
Supreme Court.

Supreme Court.
At the opening of the May term of
Supreme Court in the Essex county case
OF A. c. Hodgdon VS.. Charles A. Blois,
the Judgment of the county court was
affirmed.
Judge Munson read an opinion in the
well-known Franklin county case of
State VS.. Hiram p. Dee of ST. Adams who,
it is charged, at the annual city meeting
at ST. Albans in March, 1909, tempered
with the license vote of that city while
acting as an election officer by putting
into his pocket license votes intended for
the ballot box. To the information for
this offense filed by the States attorney
of Franklin county the respondent de-
INJURED. The demurrer was overruled
pro forna and the case came to supreme
court before trial in the lower court. The
opinion by Judge Munson upheld the de-
murrer on the ground that the informa-
ton against Dee did not set up that the
annual city meeting at St. Adams for
that year was legally warned.
Judge Haselton read an opinion in the
Lamoille county case of II. H. Powers VS..
the Rutland Railroad company in which
suit was brought to recover for salary
alleged to be due. This case has not been
tried in Lamoille county court and comes
to this court on a motion to strike from
the record so much as relates to accord
and satisfaction of the promises and
undertakings in the declaration, which
was sustained pro forma. The opinion
was favorable to Judge Powers in
asmuch as the pro lorna Judgment
was reversed and cause renanded. Lysle
I L. Virgins VS.. the E. T. Waist company,
from Bennington county. In this case
the plaintiff was awarded a verdict of
I Ia nd fOr inII re-
ceived while running a mangle for the
defendant company. In the opinion read
by Judge Powers the judgment of the
lower court is reversed and judgment is
given for the defendant company to re-
cover its costs on the ground of con-
tributory negligence by the plaintiff.
Joseph Lablanc and others VS.. the Con
necticut Valley Lumber company, bill
and injunction, from Essex county.
Decree in favor of the defendant company
affirmed and cause remanded. Opinion
by Judge Munson.
In an opinion which took nearly two
hours to read. Judge Haselton exhaust
lively reviewed the companion cases from
Windsor county of John L. Bacon and
others against the Boston & Maine, Cen
trail Vermont and Woodstock railroads,
and the Central Vermont Railway COM
panv VS.. the town of Hartford and State
of Vermont. This was an appeal from
an order of the railroad commissioners
made in 1908 providing for under
pass, elevator and underground baggage
room at White River Junction, the under
pass to go under eight railway tracks,
the whole at an estimated cost of $97.-
900. The railroads appealed and denied
the existence of a highway across the
said tracks to the station at White River
Junction. The opinion by Judge Hasel-
ton declared this public highway. 1t
ruled against the commissioners in their
order for an underground baggage room
and elevator as costly and novel ex-
pertinent but sustained them in other
points. The railroads and the commits
sioners will get together for further dis
cussion of work to be done at that point.
The opinion handed down threw upon
the railroads the costs of whatever
changes the public service commission
may finally order and exempts the town
of Hartford and the State of Vermont
from paying any part of this expense, on
the ground that if railway or railways
maintain a public station they must also
maintain proper approaches to it.
Carlos D. Slack VS.. Dana Bragg false
warranty, from Orange county. In the
lower court there was verdict for the
plaintiff to recover $83 and costs.
Supreme Court reverses this judgment
and the cause is remanded. Opinion by
Judge Powers.
Perlev A. Crawford VS.. o. V. Jos1yn
from Orleans county, judgment in the
lower court for the defendant to recover
his costs affirmed. Opinion by Judge
Powers.
Cases of Local Interest.
On Friday the Supreme Court heard
the arguments in the Caledonia county
case of Oliver H. Jenness VS.. Walter
Simpson for alienation of affections. In
the lower court the plaintiff was award
ed verdict of $9,OS9.17. Howe &
Hovev of St. Johnsbury appeared for the
plaintiff, w. w. Reirden and J. w. Red
mond for the defendant. The case is of
unusual interest. involving as it does an
agreement made in South Dakota be-
tween JennesS and his wife, releasing the
defendant from procedure in law and
allowing the wife to secure divorce in
that state. At the beginning of the term
motion was made to dismiss the 46 ex-
captions of the defendant in this case but
the motion was overruled.
Friday afternoon the following Gale
donia county cases were heard: w. w.
Marshall VS.. the Village of Hardwick;
Robert HOyt VS.. James Smith, trespass !;
State VS.. Eddie Barr, liquor. The
Orleans county case of Frank F. Hol-
brook VS.. ]. ]. Quinlan & Co., and Bundy
& May trustees was also argued.
The first case for argument Tuesday
morning was Herrick VS.. Holland, an ac-
cident on a highway case, from Orleans
county.
Forestry In Randolph.
6. A. Chedel has gang of Is men en-
gagged in transplanting some 100000
spruce seedlings at the nursery of the
Champlain Realty company on Park
street hill. This is the first crop of the
nursery. started last spring, and the inch
high treelets came up thick and vigorous
They are now being placed two inches